Nassau County Jury Awards $385,000 in Rear-End Collision

One driver rear-ended another at a stop light. The first driver claimed injuries including a fractured nose and back problems with herniated discs. Surgeries were performed on the nose and back. The other driver argued the injuries were due to surgical incompetence and disputed the back injury diagnosis.

Case Information Updated: October 2025

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Lumbar Disc Injury

Rear-end

MOTOR VEHICLE NEGLIGENCE

About Lumbar Disc Injury Injuries

Lumbar disc injuries affect the lower back (L1-L5 and S1), which bears significant body weight and is particularly vulnerable to trauma. These injuries can cause debilitating pain and functional limitations.

Case Outcome

Outcome: Verdict-Plaintiff
Amount: $305,000
County: Nassau County, NY
Resolved: 1998

Injury & Accident Details

Injury Type: Lumbar Disc Injury
Accident Type: Rear-end
Case Type: MOTOR VEHICLE NEGLIGENCE, Rear End Collision

Settlement Context

This verdict-plaintiff of $305,000 is above the median of $60,000 for lumbar disc injury cases resolved by verdict-plaintiff. The typical range is $20,000 to $229,900, based on 396 cases in our database.

Case Overview

A driver filed a negligence lawsuit in Nassau County after a defendant driver rear-ended their vehicle at a stoplight on December 10, 1998. The plaintiff contended the defendant's negligence caused significant injuries, and the court granted summary judgment in favor of the plaintiff on liability, allowing the case to proceed on damages.

The plaintiff claimed a fractured nose, a deviated septum requiring multiple surgeries, and low back injuries involving herniated discs. Treatment for the nasal injury included emergency room care at Nassau County Medical Center, a closed reduction, a septorhinoplasty in April 1999, and a revision septorhinoplasty with turbinoplasty at Long Island Jewish Medical Center in October 2001. The plaintiff alleged ongoing breathing difficulties and nasal valve incompetence. For the back injury, the plaintiff underwent conservative treatment and two epidural nerve blocks at Mercy Hospital, asserting a future need for lumbar spine decompression. The plaintiff supported these claims with MRI and CT scans, along with testimony from treating surgeons and a neurosurgeon.

The defendant disputed the extent of the damages, arguing that the plaintiff's nasal issues stemmed from the incompetence of the surgeons, a contention supported by testimony from an otolaryngologist specializing in rhinoplasty. Regarding the back injury, the defendant's neurologist testified that the plaintiff had made a good recovery and did not suffer from herniated discs, although this witness admitted on cross-examination to not having reviewed the relevant medical films. A defense radiologist testified that the MRI did not show herniated discs but indicated a bulging disc at one level.

A jury ultimately awarded the plaintiff $305,000, which included $75,000 for past pain and suffering, $50,000 for future pain and suffering, and $100,000 for future medical expenses. Additionally, the plaintiff's spouse received $50,000 for past loss of services and $30,000 for future loss of services. The verdict followed the plaintiff's demand for $750,000 and the defendant's offers of $100,000 and $150,000.

Understanding This Case

About 90% of lumbar disc herniations improve with conservative treatment. However, those requiring surgery may face permanent work restrictions and ongoing pain management needs.
This case went to trial and resulted in a jury verdict. Verdicts can yield higher awards but carry the risk of receiving nothing if the jury rules against the plaintiff.
This case was resolved in Nassau County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
Resolved in 1998, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.

Verdictly^TM Score

/100

Questionable

This outcome differs from typical similar cases

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Motor Vehicle Negligence

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

Kings County • 2010

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