Texas Jury Awards $189,873 for Rear-End Collision Injuries

A lawsuit was filed on December 8, 2020, following a rear-end vehicle collision. The plaintiff alleged the defendant operated a vehicle negligently by following too closely, causing serious bodily injuries. The plaintiff sought compensatory damages for severe pain and suffering, medical treatment expenses, and lost wages, claiming the defendant's negligence was the sole cause of the injuries.

The defendant responded by asserting several defenses, including that the complaint failed to state a claim for which relief could be granted and that the plaintiff's failure to specifically plead special damages barred recovery. An uninsured motorist carrier also presented defenses, claiming any benefits would be excess over other carriers' payments and asserting procedural defenses like the statute of limitations.

The court directed the parties to attend mediation and later granted the plaintiff's motion to amend the complaint. The amendment added the plaintiff's spouse as an additional plaintiff and included a claim for loss of consortium.

A jury trial concluded on June 22, 2022, resulting in a verdict in favor of the plaintiff. The jury initially awarded $137,874 in damages, which included $5,200 for lost earnings, $126,674 for medical expenses, and $6,000 for pain and suffering. On June 28, 2022, the damages were increased to a total of $189,873, comprising $15,000 for lost earnings, $134,873 for medical expenses, and $40,000 for pain and suffering, to be paid by the defendant.