Dallas Jury Awards $32,869 in Underinsured Motorist Claim

On April 8, 2015, a vehicle collision occurred in Dallas, Texas, when a minivan rear-ended a compact car traveling south on Preston Road. The plaintiff, a court reporter and real estate agent, claimed to have sustained neck and back injuries in the incident.

The plaintiff filed a lawsuit against the minivan driver, the vehicle owners, and her own insurer. She alleged negligence against the driver and sought underinsured motorist (UIM) benefits from her insurer. Extra-contractual claims against the insurer were abated and severed. The driver and vehicle owners did not appear in court, and the case proceeded to trial solely against the insurer on the UIM claim. The insurer stipulated to the driver's negligence, focusing the trial on the issues of causation and damages.

The plaintiff sought chiropractic treatment the day after the accident for diagnosed cervical and lumbar sprains and strains. She underwent X-rays and an MRI, which reportedly showed a disc bulge and protrusion. She claimed ongoing hand numbness and tingling, lower back pain, and difficulty typing. The plaintiff sought $13,610 for past medical costs, along with damages for future medical care, and past and future pain, mental anguish, and physical impairment. The defense, representing the insurer, argued that the incident involved a low-speed impact, citing minor vehicle damage, no airbag deployment, and the plaintiff's ability to drive from the scene without immediate medical attention. The defense also noted that the plaintiff's chiropractor was attorney-referred, no injections were recommended, and her return to treatment occurred after her deposition. It was argued that the injuries were minor soft-tissue conditions, the plaintiff had reached maximum medical improvement months after the incident, and the requested past medical costs were unreasonable and unnecessary. A defense chiropractic expert supported these contentions, also denying the need for future treatment.

A jury awarded the plaintiff $53,610. However, the plaintiff's recovery was limited to her $30,000 underinsured motorist policy limit, plus taxable costs of $2,869.29. The final judgment totaled $32,869.29.