Head-On Collision Results in $980K Jury Verdict
by
Joseph C. Maya on Apr. 14, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a case where almost $1 million of damages was awarded to a plaintiff following a head-on car collision.
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This case involved a plaintiff occupant, now 41 years old, who was struck in a vehicle she occupied head-on by the defendant, who carried a $100,000 insurance policy. The underlying matter settled for the policy limits, leaving just the under insured motorist (UIM) claims. The plaintiff had $250,000 in UIM protection and $150,000 was available to her. Prior to trial, the parties entered into a $125,000/$225,000 high/low agreement, subject to set-off.
As a result of the head-on collision, the plaintiff contended that she suffered a thoracic compression fracture that was treated with a back brace and will cause pain for the remainder of her life. She further maintained that she sustained a lumbar herniation that will cause permanent pain despite conservative care. The plaintiff also contended that she suffered a cerebral concussion and will permanently suffer from mild deficits, including memory and concentration that were confirmed by neuro-psychological testing.
The defense contested the extent of the spinal column injuries. The defendant maintained that the orthopedic injuries healed and substantially resolved. The defense also contested the closed head residuals.
The plaintiff employed the time-unit rule and argued in summation that the jury should consider that the plaintiff had already experienced 1,170 days of pain and suffering, and that she will face 13,900 days of symptoms for the balance of her anticipated life expectancy. The plaintiff, who was able to return to work in a few months, presented a $30,000 wage claim. The jury awarded a gross verdict of $980,000, which was molded pursuant to the terms of the high-low agreement to a $125,000 resolution.[1]
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source- Pavlichek v. Dicostanzo, 36 NJ. J.V.R.A. 7:6, 2015 WL 9854511, (Dec. 17, 2015).