The Short Trial I have been preparing for went forward today and the Jury found in our favor and awarded my client $12,136.50. In addition to this, my client is entitled to: Attorneys Fees (up to $3,000.00) as a result of the Defendant’s rejecting a prior Arbitration Award; Costs of Litigation in the area of $1,500.00; and prejudgment interest in excess of $700.00. Now…this may seem like a small victory, but it’s as important as any other.
In this case, my client was driving down the road when the other driver came out of a parking lot making a left turn into my client’s lane. My client felt an impact between his car and the guy who pulled out of the lot then, between that impact and my client’s reaction to the car coming into his lane, he hit a full sized pickup truck to his right. The Defense admitted liability for the Trial (as if there was any question) but challenged the Damages caused by the accident. Basically, the Defense argued that it was a minor impact that could not have caused my client much, if any injury and that either he was faking or that the injuries were pre-existing. For those in the know…the same ole same ole.
My client would probably have accepted the Arbitrator’s $8,373.50 award and would certainly have done so if it was increased by attorneys fees, costs and interest. Not too long ago, we offered to settle the case for $10,000.00. The Defendant (or should I say his insurer) would not pay that nor would they pay the $8,373.50 plus costs of about $1,000.00. Now, they have to pay in the ball park of $17,000.00.
Why is this important? First, because it’s a fair outcome for my client. He was injured at no fault of his own. He has had to wait three years for justice to be served. He was called a faker and a cheat and his credibility was challenged at the Arbitration and Trial. Second, cases that go to Trial (even small ones) successfully show the adjusters that not everything goes their way and they have to consider this when trying to pay as little as possible on claims. In this case, doing so would have saved their company at least $8,000.00 – not a big number in the big picture, but it demonstrates the possibilities and tendencies of Juries to award money to compensate Plaintiff’s for their injuries. The Adjuster on the case sat through the trial and saw the outcome. I wonder if he was shocked.
Oh…the Trial took a bit more than 3 hours from the time the Jury came in until they went to decide. They were out making their decision for another 3 hours or so. I love it when Juries actually take the time to consider cases and render fair verdicts.
