Texas Jury Awards $25,000 for Rear-End Collision Injuries

On November 24, 2015, a plaintiff was driving north on the feeder road of Interstate 45 North when her sport utility vehicle was rear-ended by another car. The at-fault driver was uninsured. The plaintiff claimed to suffer back and neck injuries, including disc herniations. She filed a lawsuit against the uninsured driver for negligence and also sought to recover damages from the uninsured motorist provision of her own policy with Allstate Fire and Casualty Insurance Co.

The at-fault driver did not enter an appearance in the case, and the plaintiff did not pursue a claim against her at trial. The trial proceeded solely against the insurer on the uninsured motorist claim. The insurer's counsel conceded liability, focusing the trial entirely on the issue of damages. The plaintiff presented evidence of her injuries, which included seeking medical treatment four weeks post-accident and undergoing chiropractic care, and testified to difficulty with activities like playing with grandchildren. She sought approximately $42,580 for past and future medical expenses, along with unspecified amounts for physical impairment, pain, and mental anguish. Photos showing minor damage to both vehicles were entered as evidence. Defense counsel suggested an award of $2,840, representing initial medical bills.

After a two-day trial and 1.25 hours of deliberation, a jury in Texas unanimously awarded the plaintiff $25,000. The award included $13,000 for past medical costs, $5,000 for future medical costs, $3,500 for past and future physical impairment, and $3,500 for past and future physical pain and mental anguish.