Dolores Lee v. Allstate

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Dolores Lee v. Allstate

71st District Court for Harrison County, Texas

Cause No.: 16-0162

Trial Date: June 19-20, 2017

Summary: This was an under-insured motorist case. Plaintiff was rear-ended by a 19 year-old driver in Harrison County in September of 2014. There was significant property damage to both cars. Plaintiff had previously been involved in a very serious motor vehicle accident in 2003, that caused her to get a cervical fusion. Since 2003 Plaintiff had suffered from chronic pain.

Plaintiff testified that the wreck made the basis of this suit greatly exacerbated her pain and caused her to seek treatment she otherwise wouldn’t. For over 2 years before this accident, Plaintiff had not sought any medical treatment for her pain.

Plaintiff waited until the day after the accident to go to the ER. At the hospital she complained of pain in her neck, back, shoulders, and arms. She followed-up a week later with her primary care physician, and then two weeks after that sought chiropractic care. She saw the chiropractor for 9 months.

Plaintiff had a little over $15,000.00 in medical bills. She had been paid $32,500 by the at-fault driver’s carrier plus PIP money. She had a $50,000.00 UIM policy. At trial her counsel argued for an award of $120,000.00. I argued for an award of 28,500.00. The jury awarded $45,011.00, meaning a UIM payout of essentially $12,500.00. The last demand before trial was $15,000.00. Last offer was $1,000.00.

Case Type: Personal Injury

Economic Damages: $15,000.00

EA: $32,500.00

Verdict: $45,011 (with $12,500.00 having to be paid)

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