Victoria County Jury Awards $55,500 in Rear-End Collision

On September 4, 2016, a family's vehicle, occupied by two adult plaintiffs and their two minor children, was rear-ended by an uninsured motorist on Interstate 35E in Dallas County. The collision totaled the family's car and deployed its airbags, after which they sought emergency medical treatment. The family subsequently filed a lawsuit in Victoria County against Allstate Fire and Casualty Insurance Co., seeking recovery under the supplementary-uninsured-motorist provision of their own insurance policy, which had limits of $30,000 per person and $60,000 per incident.

The adult male plaintiff claimed neck and back sprains, a partial shoulder tear, and post-traumatic stress disorder, undergoing physical therapy, a steroid injection, and psychiatric care. The adult female plaintiff reported neck sprains, strains, and headaches. The minor children sustained bumps, bruises, and neck pain. The defendant stipulated to the uninsured motorist's negligence but argued that the plaintiffs' injuries were not severe and that the requested damages were excessive, given the limited duration of their medical treatment. The plaintiffs nonsuited their economic damage claims prior to trial but sought a declaratory judgment for attorney fees.

A jury awarded the plaintiffs $55,500 in total damages, including $48,000 for the adult male, $5,500 for the adult female, and $1,000 for each child. However, the adult male plaintiff's recovery was limited to $30,000 due to his policy's per-person limit, bringing the net jury award to $37,500. Following the jury verdict, the court conducted a bench trial on attorney fees and awarded the plaintiffs $64,690, plus conditional appellate attorney fees, resulting in a total recovery of $102,190.