Terrell, Texas Jury Awards $250,000 in Rear-End UIM Claim

In October 2016, a plaintiff driver was operating a sport utility vehicle with a minor child in Terrell when a pickup truck, driven by another individual, rear-ended their vehicle at a yield sign. The plaintiff driver sustained back, neck, and wrist injuries, while the minor child was reportedly unhurt. The plaintiffs subsequently filed a lawsuit against the driver of the pickup truck for negligence and against their own insurer, State Farm Mutual Automobile Insurance Co., for underinsured motorist (UIM) benefits.

The negligent driver settled out of the case before trial for an undisclosed sum. The minor child and the plaintiff's spouse nonsuited their UIM claims, leaving only the plaintiff driver's UIM claim against State Farm to proceed to trial. The plaintiff driver sought damages for past and future medical expenses, physical pain, physical impairment, and mental anguish, totaling over $1 million. Evidence presented included a police officer's testimony that he would have cited the negligent driver for failure to control speed if a report had been filed. The plaintiff's pain management doctor testified that the plaintiff would require annual radiofrequency ablations for ongoing pain.

State Farm disputed the causation and extent of the plaintiff's injuries, noting minimal vehicle damage and the absence of an immediate hospital visit. The defense highlighted inconsistencies in the plaintiff's injury reports, including a claim of a back injury from moving furniture, and a significant delay in seeking specialist medical care. Defense experts in life care planning and pain management opined that there was no clear connection between the accident and the need for future ablations, also challenging the plaintiff's estimated cost of these procedures.

After a three-day trial and three hours of deliberation, the jury found the negligent driver proximately caused the accident and awarded the plaintiff driver $317,000 in damages. This amount was reduced by a $30,000 credit from the initial settlement with the at-fault driver and further limited to the plaintiff's $250,000 UIM policy limit.