Dallas Jury Awards $416,447 in Underinsured Motorist Claim

On March 29, 2014, a 53-year-old small-business consultant was driving on Interstate 30 in Dallas when her SUV was rear-ended while stopped in traffic. The plaintiff claimed a back injury, and after the trailing driver's insurer tendered its $50,000 policy limits, she sued her own insurer, the defendant insurer, for underinsured motorist benefits. The defense stipulated to the trailing driver's negligence.

The plaintiff alleged the collision aggravated a pre-existing lower back condition, which she contended had been stable for four years. Her medical expert testified that the accident permanently worsened her back, citing changes in disc bulges, spinal stenosis, and nerve conduction post-accident. She underwent numerous epidural steroid injections and physical therapy, with surgeons recommending future decompression and potential fusion surgeries. The plaintiff sought over $1.5 million in damages, including medical expenses, lost earning capacity, and pain and impairment.

The defendant argued the plaintiff experienced only a temporary worsening of her condition, and that any need for surgery was unrelated to the accident. The defense challenged the plaintiff's medical expert, noting the expert had not examined her and was compensated. It also disputed the plaintiff's claim of lost earning capacity, claiming a job offer lacked documentation and was declined for reasons unrelated to injury.

After a two-day trial and 1.5 hours of deliberation, a Dallas jury awarded the plaintiff $416,447.96. This sum was reduced by the defendant insurer's $50,000 credit from the policy payout, with the plaintiff's recovery ultimately limited to $300,000 by her underinsured motorist policy limit.