Plaintiff Wins $142,554 After Suffering Herniated Disc in Rear-End Accident
A herniated disc is a common injury one might suffer in a car accident. In one recent Florida case, the plaintiff suffered a herniated disc after he was rear-ended by the defendant who pushed his vehicle into the median, likely after attempting to change lanes. In this case, the defendant admitted liability for the accident. This strategy of admitting liability preserves credibility with the jury when it comes time to fight over damages. If the defense argues liability and loses, they can lose credibility with the jury when it comes to arguing the scope of the injuries. So, the defense admitted that their client was liable for the accident and then proceeded to dispute the extent of the plaintiff’s injuries.
The plaintiff’s injuries
During trial, the plaintiff claimed that he injured his neck, shoulder, right arm, chest, and back. His primary complaint was that he herniated a disc at L-5-S-1. The plaintiff complained of ongoing pain from the crash and said he couldn’t jog or play soccer as long as he used to. In this case, the plaintiff received chiropractic services and brought the chiropractor to trial to testify on his behalf. The chiropractor assigned the plaintiff a 5% permanent impairment rating. An orthopedist was also called to testify on behalf of the plaintiff. The orthopedist linked the plaintiff’s injury to the vehicle crash and testified that the plaintiff would need future medical treatment, such as lumbar facet injections, as a result. In turn, the defense supplied an orthopedist of their own who testified that the lower back injury was not caused by the collision.
The verdict
Since the issue of liability had already been decided when the defendant admitted responsibility for the accident, the jury was left only to decide how much money the plaintiff should receive as a result of the incident. In this case, the jury decided the plaintiff should receive:
- $28,354 for past medical expenses
- $74,200 for future medical expenses
- $20,000 for past pain and suffering
- $20,000 for future pain and suffering
That came to a total of a $142,554 verdict in favor of the plaintiff.
Analyzing the case
This is a typical traffic accident case involving a serious personal injury. The defendant struck the plaintiff’s vehicle from behind, forcing it off the road, and into the median. The plaintiff sustained various personal injuries, but the primary injury was a herniated disc. Herniated disc settlements and jury verdicts can run the gamut in terms of damages awards. It’s hard to predict how much a jury will award a plaintiff for this type of injury. As a personal injury lawyer, you have to ensure that the jury is aware of the extent of the plaintiff’s injuries, how they impact his life, and what activities he can no longer enjoy as a result of them. Some herniated disc settlements can go into the millions.
Talk to a Tampa, FL Car Accident Attorney Today
Injured in a car accident? Call the Tampa, FL personal injury attorneys at The Matassini Law Firm today. We can help you recover damages related to your medical expenses, lost wages, and reduced quality of life.
