Kentucky Jury Awards $35,000 in Underinsured Motorist Claim
One driver was traveling with her husband when another drunk driver rear-ended their vehicle. The crash caused their car to go off the road and overturn. The injured driver treated for a mild brain injury and soft-tissue symptoms. The case involved claims against the drunk driver and the injured driver's own insurance company for underinsured motorist coverage.
Case Information Updated: October 2025
About Head/Brain Injury Injuries
Traumatic brain injuries (TBI) range from mild concussions to severe brain damage. Car accidents are a leading cause of TBI, with effects ranging from temporary symptoms to permanent cognitive impairment.
Case Outcome
- Outcome
- Settlement
- Amount
- $85,000
- County
- Dallas County, KY
- Resolved
- 2017
Injury & Accident Details
- Injury Type
- Head/Brain Injury
- Accident Type
- Rear-end
- Case Type
- Motor Vehicle Accident
Settlement Context
This settlement of $85,000 is near the median of $1,000,000 for head/brain injury cases resolved by settlement. The typical range is $45,348 to $11,007,000, based on 43 cases in our database.
Case Overview
On November 1, 2013, a passenger traveling with her husband in Santa Rosa Beach, Florida, was involved in a rear-end collision when their vehicle was struck by an intoxicated driver. The impact caused their vehicle to be knocked off the road and overturn. The passenger, then 43, subsequently treated for a mild brain injury and other soft-tissue symptoms, which an osteopath confirmed.
The plaintiff first settled with the at-fault driver for the $50,000 policy limits. She then filed a lawsuit in Kentucky against her own insurance carrier, seeking underinsured motorist (UIM) coverage with a $100,000 limit. The plaintiff's husband, who was also injured in the crash, reached a separate settlement with the UIM carrier before the trial began. The case proceeded solely on the plaintiff's claim, where she sought over $43,000 for past medical expenses, over $68,000 for future medical care, and significant awards for past and future physical and mental pain and suffering. The defendant insurance carrier conceded the at-fault driver's fault but focused its defense on minimizing the plaintiff's claimed injuries.
During deliberations, the jury submitted questions to the court, which were sealed without explanation. The jury ultimately rejected the imposition of comparative fault against the plaintiff. It did not award past medical bills but awarded $20,000 for future medical care. For non-economic damages, the jury awarded $45,000 for past physical suffering and $20,000 for past mental suffering, but declined to award any damages for future pain and suffering. The raw verdict for the plaintiff totaled $85,000. The court entered a final judgment for the plaintiff in the sum of $35,000, after applying a $50,000 credit from the earlier settlement with the at-fault driver.
Understanding This Case
- Most mild TBIs resolve within weeks to months. Moderate to severe TBI often results in permanent impairment affecting cognition, behavior, and physical function.
- This case was resolved through a settlement, avoiding the uncertainty and expense of a trial. Settlements typically resolve faster and provide guaranteed compensation.
- This case was resolved in Dallas County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2017, 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
This outcome aligns very well with similar cases
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