Houston Jury Awards $25,000 in Motor Vehicle Collision

In April 2014, a motor vehicle collision occurred on Leawood Street in Southwest Houston when a driver attempting a left turn struck the left rear side of the plaintiff's vehicle. The other driver was uninsured and cited for failing to yield the right of way. The plaintiff, a 19-year-old student, claimed to have sustained neck and back injuries in the incident.

The plaintiff subsequently filed a lawsuit against her own insurance carrier, Allstate Fire Insurance Company, seeking underinsured motorist benefits. The defendant insurer accepted liability on behalf of the uninsured driver, and the case proceeded to trial solely on the issue of the plaintiff's claimed injuries and damages. The plaintiff presented evidence of headaches, neck, and back pain, reporting a bulging disc and a protruding disc in her cervical spine. She underwent treatment with multiple chiropractors and pain management, including an epidural steroid injection. The plaintiff sought to recover $27,864 in past medical expenses, in addition to damages for past and future pain, suffering, mental anguish, and physical impairment, suggesting a total award of $66,864.

The defense contended that the plaintiff was over-treated and that the collision was minor, resulting in moderate damage to the vehicles. The defense highlighted that the plaintiff waited nearly two weeks to seek initial medical treatment and did not pursue further treatment after October 2014.

After a three-day trial, a jury deliberated for two hours. The jury awarded the plaintiff $25,000 in damages, which included $20,000 for past medical costs and $5,000 for past pain and suffering.