San Antonio Jury Awards $498,960 in Underinsured Motorist Claim
A driver was injured when another vehicle turned left and struck his vehicle. The injured driver claimed multiple injuries, including back and neck issues. He sought damages for past and future medical expenses, pain, and lost earning capacity. The defense argued the injuries were pre-existing and degenerative. A jury awarded damages, but the recovery was limited by policy limits.
Case Information Updated: October 2025
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
- $543,960
- County
- Bexar County, TX
- Resolved
- 2018
Injury & Accident Details
- Injury Type
- Lumbar Disc Injury
- Accident Type
- Other
- Case Type
- Chiropractic, Aggravation of Pre-existing Condition, Sprain
Settlement Context
This verdict-plaintiff of $543,960 is above the median of $50,756 for lumbar disc injury cases resolved by verdict-plaintiff. The typical range is $20,000 to $210,000, based on 204 cases in our database.
Case Overview
In April 2016, a construction foreman was involved in a car accident in San Antonio, Texas, when an oncoming driver attempted a left turn and struck the plaintiff's vehicle. The plaintiff sustained multiple injuries, including cervical and lumbar sprains, disc herniations, and radicular pain, which he claimed aggravated a prior cervical fusion. He initially settled with the at-fault driver's insurance for the $30,000 policy limit.
Subsequently, the plaintiff filed a lawsuit against his own underinsured motorist (UIM) carrier, seeking UIM benefits and attorney fees. The defendant insurer stipulated that the other driver's negligence caused the accident, but disputed the extent and causation of the plaintiff's injuries and damages. The plaintiff presented evidence of past medical expenses totaling over $55,000 and future medical needs ranging from $48,000 for pain management to $300,000 for potential lumbar fusion surgery. He also sought damages for lost earning capacity, physical pain, and impairment.
The defendant argued that the plaintiff's injuries were pre-existing and degenerative, relying on expert testimony from a neurosurgeon. The defense also pointed to gaps in the plaintiff's treatment regimen. After a trial, the jury awarded the plaintiff $498,960 in damages. The court later added $45,000 in attorney fees, along with conditional appellate attorney fees.
However, the plaintiff's recovery was ultimately limited to his $50,000 UIM policy limit with the defendant insurer. The defendant's counsel is appealing the attorney fee award.
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 Bexar County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2018, 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
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