Verdictly
Verdict-Plaintiff
Nassau County • 2011

Jury Finds Negligence in Rear-End Collision, Awards $1,374,500

A passenger in a van was injured when the van she was in was hit from behind. The passenger claimed back injuries, knee injuries requiring surgery, and emotional distress. The other driver argued the collision was minor and that the passenger's injuries were from prior incidents. The jury found in favor of the passenger.

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
$1,324,500
County
Nassau County, NY
Resolved
2011

Injury & Accident Details

Injury Type
Lumbar Disc Injury
Accident Type
Rear-end
Case Type
MOTOR VEHICLE NEGLIGENCE, Vehicle negligence, Surgical negligence, Employer negligence

Settlement Context

This verdict-plaintiff of $1,324,500 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 passenger in a van filed a motor vehicle negligence lawsuit after her vehicle was rear-ended by another van as the defendant driver merged onto a roadway. The plaintiff, a deli clerk in her mid-50s, claimed the collision caused severe and permanent back and knee injuries, including herniations, meniscal tears requiring surgery, and post-traumatic stress disorder. The court had previously granted the plaintiff's motion for summary judgment on liability.

The plaintiff contended the impact was substantial, leading to cervical and lumbar herniations and bulges, bilateral meniscal tears that required surgery, permanent pain, ambulation difficulties, and post-traumatic stress disorder deemed permanent by her psychiatrist. Evidence included a biomechanical engineer's testimony on the impact's force, supported by the host van's bumper replacement, and the defendant's employer report indicating a 15 mph impact, which contradicted his trial testimony of 5-10 mph.

The defendant denied the impact was strong enough to cause the claimed injuries. The defense attributed the plaintiff's back complaints to a prior motor vehicle accident 13 years earlier and existing knee injuries to a fall 18 months prior. The plaintiff countered that the prior accident was minor, causing only a few missed work days, and the fall did not involve an MRI to identify tears.

A jury returned a verdict for the plaintiff, awarding a total of $1,324,500. This included damages for medical expenses, lost earnings, physical pain and suffering, and emotional distress. The plaintiff's husband also received $50,000 for loss of consortium.

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 2011, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.

VerdictlyTM Score

33
/100
Potentially Unfair

This outcome significantly deviates from similar cases

This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.

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