Car Accident Victim Awarded Medical Compensation
A car accident victim recently appealed a judgment after she was not awarded damages for pain and suffering from two car accidents, although economic damages were awarded for medical bills. Medical records established the girl suffered head, neck, back and jaw injuries in two automobile accidents that were within the same year; thus, the Plaintiff alleges that the refusal to award damages for pain and suffering was not supported by the evidence.
The facts are as follows: Plaintiff’s car allegedly collided with Defendant 1’s car when Defendant 1 pulled out from a parking lot without looking. Plaintiff’s head whipped back and forth and hit the headrest. The next day, Plaintiff sought medical treatment for head, neck and back pain. Plaintiff saw a chiropractor and her primary care physician, and both diagnosed her with myofascial pain syndrome resulting from the car accident.
Seven months after the accident with Defendant 1, Plaintiff was a passenger in a stopped car that was rear-ended by Defendant 2. In this accident, Plaintiff’s neck was jolted back and forth, and the next day her head, neck and back pain increased. She sought medical treatment and noticed that her jaw was also in constant pain after the accident. She sought constant care for her injuries through dentists, doctors and physical therapists, to name a few.
Because of the increasing pain and complications arising with the injuries Plaintiff suffered through the car accidents, she sued Defendant 1 and Defendant 2 for said injuries. Plaintiff alleges that she suffers regularly from debilitating headaches and pains that impact her daily life choices as well as career choices and participation in social activities.
Plaintiff produced medical testimony at trial and the only medical matter disputed was the diagnosis of pain. Some doctors testified Plaintiff suffered from temporomandibular joint disorder (extreme jaw pain) and others diagnosed her with myofascial pain syndrome that occurs from soft tissue damage. Neither of the Defendants presented material to dispute the whether the accident caused Plaintiff’s injuries.
The jury ended up awarding Plaintiff money for her medical bills but did not award her damages for pain and suffering. The Plaintiff appealed, claiming a plaintiff who substantiates pain and suffering with evidence is entitled to noneconomic damages, like pain and suffering.
In deciding whether or not noneconomic damages were correct as decided by the trial court, the court first had to look to see if the jury in the first decision failed to award general damages, which it did. The court next considered whether the failure to award such damages was contrary to the evidence, which the court also found. The court found because the Plaintiff presented extensive evidence about her pain and suffering and neither of the Defendants presented injury information to the contrary, noneconomic damages should have been awarded. The court found the trial court’s decision should be reversed and remanded for a new trial assessing the damages.
This case shows that even if a jury is properly presented with the correct evidence, they sometimes do the wrong thing. As a founding partner of Page Cagle, a Missouri personal injury law firm, I aggressively represent clients suing for injury and seeking injury settlements after car accidents. I am happy to discuss your case with you and answer any concerns you may have in regards to an automobile accident in Missouri case or any other personal injury issues.
You can contact me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY(4658) for a free consultation. You can also email me at john@pagecagle.com for more information.
