Texas Jury Awards $56,000 After Rear-End Collision

In June 2011, a driver in a compact car was involved in a three-vehicle collision in Stafford, Texas. The plaintiff was traveling southbound on Avenue E near the Murphy Road intersection when a vehicle stopped in front of her. The plaintiff stopped behind that vehicle and was then rear-ended by a sport utility vehicle, pushing her car into the vehicle ahead. The at-fault driver was cited and settled for the $30,000 insurance policy limit.

The plaintiff subsequently filed an underinsured motorist claim against an insurance company, seeking benefits for her injuries. She had sought treatment for neck and back pain, including chiropractic care and epidural injections. MRI scans indicated cervical disc bulges and lumbar spine issues. The plaintiff claimed $20,695.46 in past medical bills, along with damages for future medical care, past and future physical pain, and mental anguish.

The defendant insurance company stipulated to the at-fault driver's negligence but disputed the plaintiff's claimed damages. The defense acknowledged the initial emergency room visit and chiropractic care were reasonable but questioned the credibility of further complaints due to the plaintiff being referred to a chiropractor by an attorney. A defense medical expert testified that the positive MRI findings were consistent with degenerative disc disease, and some subsequent treatments were unnecessary as initial chiropractic notes indicated improvement.

After a two-day trial in Texas, a jury deliberated for two hours and awarded the plaintiff $56,000. The award included $30,000 for past medical costs, $20,000 for past physical pain, and $6,000 for past mental anguish. The defense was expected to seek remittitur of the past medical expenses and was entitled to credits for the initial $30,000 liability policy settlement and $2,500 in personal injury protection benefits.