On May 28, 2013, the Orange County jury awarded $76,984.00 to a claimant who was struck by another driver who cut across two lanes of traffic, and swerving into the Plaintiff’s vehicle. The accident happened in September 2009, so this claim has been going on for well over three years.
In that case, the defendant (through the insurance company’s attorneys of course) argued that he was not negligent because of “sudden emergency” created by a third car, and that the defendant would have been hit if she didn’t swerve. The defendant also contested the nature and extent of injury, as they almost always do.
This verdict may not be very high, but considering the two other difficulties in the case, it’s nothing short of impressive. First, Plaintiff’s medical records suggested that his inability to work was due to workplace issues and not due to the injuries suffered in an accident. Secondly, the police report was also not completely favorable to Plaintiff, noting that Plaintiff also took evasive action at the time of the accident which may have contributed to the accident.
Interestingly, the Plaintiff’s final demand before the trial was $250,000. The Defendant’s final settlement offer before trial was $15,000.00.