Louisiana Court Awards $113,354 in Rear-End Collision

On August 22, 2017, an over-the-road trucker from Texas was rear-ended by a sedan driver. The trucker immediately reported radiating neck pain, was transported to an emergency room, treated, and released. The trucker subsequently sought care from an orthopedist in Texas, who referred them for physical therapy. After the initial course, the trucker did not continue treatment for approximately 19 months, stating an inability to take time off work.

In May 2019, the trucker resumed treatment as symptoms persisted. An MRI revealed a cervical disc injury that compressed a nerve and led to radiating symptoms. A doctor recommended epidural steroid injections, which the trucker had not yet undergone due to a fear of needles but remained open to. The plaintiff filed a lawsuit seeking damages from the defendant. The court directed a verdict on summary judgment for the plaintiff, establishing the defendant's liability. The defendant argued that the plaintiff's disc injury was not linked to the crash and was not a serious injury, emphasizing the significant gap in the plaintiff's medical care and presenting an independent medical examination to support this claim.

The case proceeded to a bench trial in October 2020 in Louisiana. The court found for the plaintiff, awarding $17,454 for past medical expenses and $20,000 for future care. Claims for lost wages were rejected. The plaintiff also received $50,000 for pain and suffering, $15,000 for loss of enjoyment of life, and $5,000 for disability, totaling a judgment of $113,354. The court issued a barebones ruling without providing the specific basis for its reasoning.