San Antonio Jury Awards $498,960 in Underinsured Motorist Claim
A driver was injured when another vehicle turned left and struck his vehicle. The injured driver claimed multiple injuries, including back and neck issues. He sought damages for past and future medical expenses, pain, and lost earning capacity. The defense argued the injuries were pre-existing and degenerative. A jury awarded damages, but the recovery was limited by policy limits.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $543,960
- County
- Bexar County, TX
- Resolved
- 2018
Injury & Accident Details
- Injury Type
- Lumbar Disc Injury
- Accident Type
- Other
- Case Type
- Chiropractic, Aggravation of Pre-existing Condition, Sprain
Case Overview
In April 2016, a construction foreman was involved in a car accident in San Antonio, Texas, when an oncoming driver attempted a left turn and struck the plaintiff's vehicle. The plaintiff sustained multiple injuries, including cervical and lumbar sprains, disc herniations, and radicular pain, which he claimed aggravated a prior cervical fusion. He initially settled with the at-fault driver's insurance for the $30,000 policy limit.
Subsequently, the plaintiff filed a lawsuit against his own underinsured motorist (UIM) carrier, seeking UIM benefits and attorney fees. The defendant insurer stipulated that the other driver's negligence caused the accident, but disputed the extent and causation of the plaintiff's injuries and damages. The plaintiff presented evidence of past medical expenses totaling over $55,000 and future medical needs ranging from $48,000 for pain management to $300,000 for potential lumbar fusion surgery. He also sought damages for lost earning capacity, physical pain, and impairment.
The defendant argued that the plaintiff's injuries were pre-existing and degenerative, relying on expert testimony from a neurosurgeon. The defense also pointed to gaps in the plaintiff's treatment regimen. After a trial, the jury awarded the plaintiff $498,960 in damages. The court later added $45,000 in attorney fees, along with conditional appellate attorney fees.
However, the plaintiff's recovery was ultimately limited to his $50,000 UIM policy limit with the defendant insurer. The defendant's counsel is appealing the attorney fee award.
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