According to a Jury Verdict Research study that was published this month, the average compensation for a personal injury lawsuit in Texas over the last six years is a compensatory median award for personal injury trials in Texas is $826,892. The highest verdict was over $100 million which, obviously, inflated the average verdict. The median verdict is only $12,281. Certainly, medical malpractice reform in Texas has not helped this number in recent years. Unless it is a birth injury case or other claim with long term catastrophic injuries and future medical care or future lost wages, a Texas medical malpractice lawyer is hard to find.
Keep in mind too, Texas is not so much a state as several countries in terms of how they value personal injury cases. So a verdict in East Texas might be very different than a verdict in San Antonio for the exact same case.
Sample Recent Verdicts in Texas
- February 2020: $33,525 Verdict: The front of the defendant’s car struck the plaintiff’s sedan after the defendant proceeded past a stop sign she stopped at. The impact caused the sedan to land into a yard. The plaintiff visited the emergency room two days after the collision. The ER staff diagnosed him with soft tissue injuries to his thorax, lower back, and left hand. The plaintiff noted that the airbag’s impact caused his left-hand injury. He was ultimately diagnosed with multiple disc herniations. The plaintiff also suffered radiculopathy to all four limbs. Nine days after visiting the ER, he began chiropractic therapy. His treatment lasted for about seven months. Around that time, he also underwent steroid injections to his spine. He testified that the pain in his neck, hand, and rib resolved. However, his back continued to cause significant pain. The defense counsel argued that the plaintiff’s chiropractic records were not reliable and that hospital records described the collision as minor. The jury found the defendant liable and awarded the plaintiff a $33,525 verdict.
- February 2020: $130,143 Verdict: The plaintiff and defendant were both attendees at a party held at a Johnson County residence. The morning after the party, the plaintiff was found outside on the ground. He appeared conscious, yet badly hurt and disoriented. Doctors determined that the defendant, who was drunk at the time of the incident, ran over the plaintiff and dragged him with his vehicle. They also determined that the plaintiff sustained a left hip dislocation, rib fracture, and a nasal fracture. Paramedics at the scene administered morphine before he was taken to the hospital, where staff administered additional morphine and an undisclosed sedative. He received sutures to his buttock laceration and underwent surgical repairs on his dislocated hip. The plaintiff was discharged after a week of hospitalization. Following his discharge, he underwent 10 courses of physical therapy that ended four months following the incident. He continued to see an orthopedic surgeon after he completed his physical therapy sessions. The plaintiff testified that his injuries affected his mobility, that even extended periods of sitting caused him excruciating pain. He was worried that his hip injury necessitated hip replacement surgery. Defense counsel contended that the plaintiff reported no pain at his last physical therapy session and was physically able to play basketball. The jury awarded the plaintiff with a $130,143 verdict.
- February 2020: $22,890 Verdict: The plaintiff, a restaurant busser, was driving into an intersection in the city of Garland. Upon proceeding through it, his car struck the left side of the defendant’s SUV. The defendant had been attempting a left-turn during the collision. The plaintiff claimed back, neck, and shoulder injuries. Specifically, the plaintiff sustained soft tissue neck and back injuries. An MRI revealed C5-6 and L3-4 disc protrusions as well as a soft-tissue shoulder injury. The plaintiff saw a physical therapist and a chiropractor for three months. He testified that he was no longer employed and worked around his brother’s home, where he was a tenant. The defense counsel contended that the MRIs were medically unnecessary. They also contended that the X-ray and MRI charges were excessive. The jury awarded $2,890.50, which was reduced to a net recovery of $18,312.50 based on apportioned negligence.
- February 2020: $4,739 Verdict: While the plaintiff a green light at an intersection in Dallas, the defendant made a right turn on a red light and struck the plaintiff’s vehicle. The plaintiff, a retiree, initially claimed headaches, dizziness, and pain to her neck that radiated to her left shoulder. Within days of the collision, the plaintiff’s primary care physician referred her to chiropractic treatment. She also underwent an MRI, which revealed a C4-5 protrusion and bulges to unnamed discs. For several months after the collision, she underwent extensive treatment including physical therapy, injections, acupuncture, and massage. She testified that her symptoms lingered by the time of trial. The jury awarded a $4,739 verdict.
- January 2020: $3,420,000 Verdict: The plaintiff’s decedent was a 20-something laborer who was digging in a 9-foot-deep trench to remove and replace a large pipe. He was digging in the trench’s deeper parts. The trench’s sides collapsed, and its impact forced the decedent into the pipe, killing him. The estate, comprising the decedent’s widow and parents, sued his employer, a construction company. They alleged that the company violated OSHA regulations that required trench protection such as the use of a trench box. The estate’s counsel claimed that there was no trench box present where the deceased was digging and his employer failed to provide trench safety training. The jury found the construction company liable for both negligence and premise liability. They awarded $3,420,000 in damages.
- January 2020: $4,709 Verdict: While the plaintiff attempted a left-turn, the defendant rear-ended her vehicle. An ambulance brought her to the emergency room, where he underwent minor treatments. She was diagnosed with cervical and lumbar disc herniations. The plaintiff also suffered unnamed ankle and shoulder injuries. She underwent conservative treatment, consisting of trigger-point injections, physical therapy, and chiropractic therapy. The defense counsel contended that her ambulance ride and hospital visit were the only relevant medical records in the case. They also contended her property damage, claiming that the only damage was a broken taillight. The jury awarded $4,708.75. However, based on apportioned negligence, the plaintiff had a net recovery of only $2,825.25.
- January 2020: $7,500 Verdict: The plaintiff, an intellectual property attorney, struck the right side of the defendant’s SUV, which was crossing the roadway to reach a parking lot. The plaintiff initially claimed ankle, shoulder, head, and back injuries. Specifically, she was diagnosed with a concussion and soft-tissue injuries to her back and shoulders. She was also diagnosed with an undisclosed right ankle injury. She claimed memory loss and developed post-concussion syndrome. The plaintiff claimed that her neurological injuries significantly affected her work. She underwent chiropractic treatment and physical therapy. Her back, neck, shoulder, and ankle injuries resolved, but she continued to claim that her brain injuries affected her ability to become a partner at her firm. The defense counsel contended her brain injury, claiming that she was praised for her performance and multi-tasking abilities. The jury awarded the plaintiff $7,500, which was reduced to $4,500 based on comparative-negligence.
- January 2020: $35,352 Verdict: The plaintiff delivery man was involved in a sideswipe collision which resulted in injuries to his shoulder, neck, and back. Specifically, these injuries consisted of multiple disc herniations and soft-tissue thorax and left shoulder injuries. He also claimed numbness to all of his limbs. The plaintiff claimed that he experienced a diminished range of motion to his left shoulder. He also suffered from headaches, insomnia, and anxiety caused by the collision. He underwent physical therapy, chiropractic manipulation, and steroid-based injections. Defense counsel contended that both the accident and injuries were minor. The jury awarded the plaintiff $35,352 in damages.