Beaumont Jury Awards $231,340 in Underinsured Motorist Claim

In April 2015, a plaintiff, an electrician, was a passenger in his employer's pickup truck in Beaumont when another pickup failed to yield at a stop sign and struck their vehicle. The plaintiff sustained a kidney contusion, along with cervical and lumbar sprains and strains. He initially settled with the at-fault driver for the $50,000 liability policy limit.

The plaintiff then filed a lawsuit against Allstate County Mutual Insurance Co., his employer's underinsured motorist (UIM) carrier, seeking UIM benefits. The lawsuit alleged the at-fault driver's negligence. Allstate stipulated to the at-fault driver's negligence, narrowing the trial to the issue of damages. The plaintiff presented evidence of medical treatment, including physical therapy, and testified to ongoing pain and impairment.

Allstate argued the plaintiff's damage claims were excessive, suggesting the medical treatment was attorney-driven and that a lack of recent treatment indicated a resolution of pain. The plaintiff's counsel requested $231,340.13 for past medical expenses, lost earning capacity, and past and future pain and impairment. A jury ultimately awarded the plaintiff $231,340.13. After a $50,000 credit for the prior settlement, the net award to the plaintiff was $181,340.13.