See actual payouts made to Pennsylvania car accident victims. Find injury cases similar to yours.

More than 71,000 people are injured or killed in Pennsylvania car accidents every year.¹ If you or a loved one are injured in a collision, you can pursue compensation.

The average car accident settlement for a moderate injury claim in Pennsylvania is $42,646. Average payouts range from $1,290 for minor injuries to $570,980 for severe injuries.

Average Pennsylvania Car Accident Settlement Amounts

We collected and analyzed a sampling of personal injury cases filed in Pennsylvania courts arising from different types of vehicle accidents. Each plaintiff in the sample group received a court award or settled their claim before trial.

Average Payout by Severity of Injury
Minor Injury	$6,691
Moderate Injury	$42,646
Severe Injury	$570,980
Payout Range by Type of Accident
Rear-End Collisions	$1,770 - $975,000
Side-Impact Collisions	$1,290 - $3,475,000
Head-On Collisions	$70,000 - $1,200,000

Our sample group of cases represents a range of payouts for different types of injuries, from mild muscle sprains to catastrophic brain injuries. Most accident victims can expect to settle in the moderate range.

Neck and back injuries are the most common injury in all types of car accidents, although serious accident victims often suffer more than one type of injury from the crash. Car accident payouts are meant to compensate a victim for all their damages, not just one specific injury.

How Car Accident Settlements Are Calculated

Pennsylvania allows vehicle owners to choose between two “tort” options when purchasing private auto insurance.

The limited-tort option is better known as no-fault insurance. With no-fault insurance, if you’re injured you must first rely on the Medical Benefits coverage under your own policy, no matter who caused the accident. You can seek compensation from the other driver only if your injuries are severe. Medical Benefits coverage does not pay for non-economic damages.

The full-tort option allows you to seek injury compensation from the at-fault driver without limitations, including non-economic damages. An easy way to calculate a fair settlement amount for a full-tort claim is the multiplier method. Add up all your economic damages like medical bills, lost wages, and out-of-pocket expenses. Then add one to three times that amount for your pain and suffering.

A multiple of one is reasonable for minor injuries. A multiple of two or three is appropriate for injuries that had a bigger negative impact on your life after the crash.

No matter the tort option you’ve selected, severe injury claims should always be evaluated by an experienced personal injury attorney. Your attorney will factor in future medical costs, loss of earning capacity, severe emotional distress, and more.

Other factors that influence injury payouts in Pennsylvania:

• Shared Fault – Pennsylvania is a modified comparative fault state. This means you can pursue compensation from the other party so long as you aren’t more to blame than they are for causing your injuries. Your payout will be reduced according to your share of fault.
• Auto Policy Limits – Pennsylvania requires all drivers to carry no less than $5,000 in medical benefits coverage, $15,000 per person/$30,000 per accident for bodily injuries, and $5,000 for property damage.
• Uninsured/Underinsured – Pennsylvania requires insurance companies to offer uninsured (UM) and underinsured (UIM) motorist coverage to policyholders. The policyholder may reject the offer of UM or UIM coverage by signing a special waiver form.
• Punitive Damages – Punitive damages in Pennsylvania can only be awarded when a court has awarded compensatory damages and finds the defendant guilty of intentional and malicious conduct.
• Commercial Policies – When the at-fault driver owned or was driving a company vehicle, like a tractor-trailer or work truck, higher insurance limits may be available for serious injuries.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries, like bumps, bruises, and soft-tissue sprains and strains may keep you out of work for a few days until the stiffness and soreness subsides. Most minor injury victims make a full recovery within a few weeks.

Small Award for Work Van Passenger

Type of Injury: Soft tissue injury to neck and low back
Type of Accident: Side-impact
Award/Settlement Amount: $1,290
Case Summary: Plaintiff was a passenger in a van with fellow employees enroute to a job site. Defendant failed to yield the right-of-way and broadsided the van, injuring plaintiff. The defense stipulated to liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he suffered soft tissue injury to neck and low back. The defense Counsel argued that plaintiff was not as severely injured as he claimed and that plaintiff’s condition did not prevent him from returning to work. Jury determined that plaintiff’s damages totaled $1,290.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Roddy-Duncan v. Martin, 2013-006626

Injury Award to Husband and Wife

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $1,500
Case Summary: Plaintiff was driving on a westbound Road, near its intersection. His wife was a passenger. As the vehicle proceeded through the intersection, its passenger side was struck by a vehicle that was being driven by defendant. Both plaintiffs claimed soft tissue neck and back injuries. Plaintiffs claimed that defendant ignored a stop sign that governed his entrance to the intersection. Defendant conceded liability. The trial addressed damages. Two weeks prior to the accident, plaintiff’s wife had undergone neck surgery that included a discectomy, which is the excision of an intervertebral disc; fusion of her spine; and implantation of a fixation plate at C5-6 level. She claimed that the instant accident caused a flexion-extension sprain of the cervical portion of her spine. Defense counsel contended that plaintiffs’ injuries preexisted the accident. Jury found that the plaintiffs’ damages totaled $3,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Horick v. Bryant, GD-03-020509

Defendant Liable for Three-Vehicle Accident

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,770
Case Summary: Plaintiff was driving south. He stopped his vehicle at a stop light. At the same time, defendant 1 rear-ended defendant2’s vehicle and defendant 2 crashed into plaintiff’s vehicle. Plaintiff’s auto then collided with the vehicle ahead. Plaintiff claimed soft tissue neck and back injuries. Defendant2 denied the claim and filed a crossclaim alleging that Defendant1 was negligent and her actions were the proximate cause of the multiple vehicle accident. Defendant2 asked that he be indemnified for damages should he be found negligent. At the time of trial, Defendant1 was the sole remaining defendant and he admitted liability, leaving the jury only to determine damages. Plaintiff was awarded $1,770.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Stemmerich v. Massung, GD-15-023133

At-Fault Driver Blames Wet Roadway

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,500
Case Summary: Plaintiff and defendant were traveling in the same direction when defendant rear-ended plaintiff’s vehicle, resulting in minimal property damage. The accident occurred at an intersection. Plaintiff suffered soft tissue neck and back injuries. Defendant contended that plaintiff proceeded forward then stopped suddenly, creating a sudden emergency, and that her vehicle slid on the wet roadway when she attempted to stop. Defense Counsel argued that plaintiff consulted an attorney following the accident and subsequently sought treatment for alleged soft tissue neck and back injuries, and plaintiff’s injuries, if any, were not proximately related to the collision. Jury returned a plaintiff verdict in the amount of $2,500.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Hoeppner v. Doganieri, 2011-18941

Defendant Runs Red Light While Driving Assault Victim to Hospital

Type of Injury: Head injury-lacerations with a two-inch scar at the hairline; soft tissue neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $2,500
Case Summary: Defendant was operating her vehicle and ran a red light at an intersection when she struck the plaintiff’s vehicle broadside while traveling 30-40 m.p.h. The defendant had just come to the aid of a woman who was being assaulted by her husband, co-defendant, and was rushing the woman to the hospital. Co-defendant was pursuing defendant’s vehicle at the time of impact. Plaintiff’s Motion for Directed Verdict on liability was granted and the case went to the jury on the issue(s) of proximate cause and/or damages. Plaintiff claimed she suffered lacerations with a two inch scar at the hairline and soft tissue neck injuries. Jury determined that plaintiff’s damages totaled $2,500.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Samson v. Moore, GD-14-013726

Jury Award to Siblings, Parent Shares Fault for Crash

Type of Injury: Plaintiff 1-back injury: L4-5 disc bulge. Plaintiff 2-neck injury- C5-6 disc herniation
Type of Accident: Side-impact
Award/Settlement Amount: $4,000
Case Summary: Plaintiffs were both passengers in a minivan driven by their father, defendant. Their van was struck on the front driver’s side by the front passenger’s side of a vehicle driven by co-defendant. The accident occurred at a section of road made up of seven northbound lanes and seven southbound lanes, with grass medians dividing every three lanes. The van was in the center lane of the inner northbound lanes, and part of a multi-vehicle funeral procession enroute to a nearby cemetery. Plaintiff1 suffered L4-5 disc bulge. Plaintiff2 suffered C5-6 disc herniation. Co-defendant denied the allegations, asserting that she had a green light at the time of the accident. Defense radiologist identified plaintiff1’s disc bulge as degenerative, and that plaintiff2’s herniated disc was pre existing. Jury awarded plaintiff1 $2,000 and plaintiff2 $4,000, finding defendant was 40% negligent and co-defendant 60%.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Baldwin v. Dotts, 80600743

Passenger Injured in Low-Impact Collision

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,165
Case Summary: Plaintiff was a passenger in a vehicle operated by a third party traveling on Street A, approaching its intersection with Street B. Defendant was driving in the same direction behind plaintiff’s vehicle. Both vehicles were in the right lane preparing to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to maintain an assured clear distance ahead and that she suffered soft tissue neck and back injuries in the collision. Defendant contended that plaintiff was not injured in this minimal impact collision. Jury awarded $4,165 to plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Bostick v. Fureman, 2013-09342

Plaintiff Found Partially At-Fault for Accident

Type of Injury: Neck injury-disc bulges from C2-3 to C6-7
Type of Accident: Side-impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving a car westbound, when her vehicle broadsided the middle passenger’s side of a vehicle operated by defendant, who was turning left at an intersection, which did not have any traffic controls or stop signs. At trial, plaintiff’s counsel argued that defendant negligently turned in front of plaintiff, who had the right of way. Defendant testified that, prior to making the left turn, he ensured that the distance was clear to do so and did not see the plaintiff while checking. Plaintiff presented to an emergency room, complaining of pain in her neck. An MRI showed disc bulges from C2-3 to C6-7. Defense radiologist expert opined that plaintiff’s injuries were pre-existing due to a prior motor-vehicle accident. Jury found defendant 52-percent and plaintiff 48-percent liable for negligence. Plaintiff was awarded $5,000.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: White v. Chavous, 08-55040

Plaintiff Verdict for Soft-Tissue Injuries

Type of Injury: Closed head injury
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving her vehicle. Plaintiff stopped for a red light at an intersection in heavy traffic and she was rear-ended by a vehicle driven by defendant 1, in the course of employment with defendant 2. This was a significant impact and defendant1 acknowledged he misjudged the distance between the vehicles. Plaintiff alleged she sustained soft tissue neck and back injuries which eventually resolved, but affected her daily life for a period of time following the accident. She sought economic and non-economic damages for that period of time only. Defendants contended that plaintiff may have sustained minor neck and back injuries, but those injuries should have resolved in six to eight weeks. A jury returned a $5,000 verdict in favor of plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Boffoli v. Brighton Service Station, GD-12-023570

Both Drivers Liable for Passenger Injuries

Type of Injury: Soft tissue back injuries; Head injury-lacerations to plaintiff’s nose and forehead
Type of Accident: Rear-end
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was a passenger in a vehicle driven by Defendant1. Defendant2 was traveling on a local roadway when Defendant1 cut in front of him and then slammed on her brakes intending to make a sudden right turn. Defendant2 claimed he did everything he could to avoid striking Defendant1’s vehicle in the rear-end, but the accident occurred. Defendant1 disputed any liability and contended that she safely merged onto the local roadway, intending to make a turn into a parking lot when defendant2’s vehicle slammed into the rear-end of her vehicle. There was no dispute that plaintiff was injured as she was struck by flying glass from the windshield. Plaintiff sustained soft tissue back injuries, lacerations to nose and forehead. Jury, finding both defendants liable, awarded plaintiff $6,500 for her injuries.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Myers v. Zentner, GD 14-007047

Defendant Disputes Plaintiff’s Eye Condition Related to Crash

Type of Injury: Soft tissue neck injury; Eye/head injury (unequal pupil size)
Type of Accident: Rear-end
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving his vehicle in heavy traffic. He was rear-ended by a vehicle driven by Defendant. Plaintiff was transported to a local emergency room where a CT scan of his head was negative for any injury. Defendant did not dispute that he caused the accident. The case proceeded on the issues of causation and damages. Plaintiff alleged he suffered tissue neck injury which resolved and a permanent eye/head injury (unequal pupil size) from the whiplash effect. Defendant admitted plaintiff may have sustained a minor neck injury from the accident, but disputed that his eye/head injury was related. Defendant argued anisocoria occurs naturally in 20% of the population and plaintiff’s anisocoria was unrelated to this accident. Defendant argued that plaintiff exaggerated his condition. Jury awarded $7,500 to plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: McClarin v. Sanders, 140502568

At-Fault Driver Challenges Victim’s Chiropractic Care

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was driving her vehicle. She stopped at a stop sign in traffic and was rear-ended by a vehicle driven by Defendant. The defense stipulated to liability and the case proceeded on the issues of causation and damages. Plaintiff claimed serious neck and back injuries requiring chiropractic treatment. The defense contended that this minor accident did not cause any injuries. Defense Counsel argued that plaintiff did not seek emergency treatment and treated excessively with a chiropractor. The Defense further claimed plaintiff suffered from preexisting degenerative problems which likely caused her continuing complaints. Jury returned a verdict of $8,000 for the plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Boyle v. Logue, 140901074

Child Suffers Facial Abrasions in Car Accident

Type of Injury: Head injury-a facial abrasion to the forehead; soft tissue shoulder and low back injury
Type of Accident: Rear-end
Award/Settlement Amount: $8,300
Case Summary: Plaintiff, age 6, was a passenger in a vehicle driven by her aunt, Defendant. While traveling along a four lane divided highway during the day, defendant rear-ended another vehicle as she approached an intersection. Plaintiff sustained a facial abrasion to the forehead, but she had no permanent scarring. She also sustained soft tissue shoulder and low back injury. Defendant contended that the vehicle in front of her stopped suddenly and she could not avoid the accident. The parties reached an $8,300 settlement.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Williams v. Kulp, 120802322

Award to Plaintiff with Prior Accident History

Type of Injury: Soft tissue neck injury; numbness in both arms and aggravation of a preexisting arthritic condition
Type of Accident: Rear-end
Award/Settlement Amount: $9,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles in the same direction and on the same road. Plaintiff slowed her car to make a left turn and was struck from behind by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she suffered soft tissue injuries to her cervical spine, numbness in both arms and aggravation of a preexisting arthritic condition. The defense stipulated to liability, but disputed the nature and extent of plaintiff’s injuries. Defense medical expert testified that plaintiff’s injuries were not related to this accident, but were aggravations of injuries plaintiff sustained as the result of numerous prior auto accidents. Jury awarded $9,000 to plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Zahn v. Rodman, GD-10-022385; GD10-022385

Disputed Injury Case Settled Before Trial

Type of Injury: Soft tissue neck and upper back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff stopped for traffic at an intersection and was rear-ended by defendant. Plaintiff alleged that she suffered soft tissue neck and upper back injuries and possible herniated cervical disc requiring chiropractic treatment as a direct result of this accident. Defendant contended that she was rear-ended by another vehicle which forced her into the rear of plaintiff’s vehicle. Also, defendant claimed that any disc herniation was the result of a preexisting degenerative disc disease. The case settled for $10,000 prior to trial.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Bartolini v. Jurasek, GD 11-020281

Fender-Bender Injury Case Settles Before Trial

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Defendant was stopped in traffic behind plaintiff’s automobile. Defendant’s foot slipped off the clutch and defendant’s automobile clipped the rear-end of plaintiff’s vehicle. Plaintiff sustained soft tissue neck and back injuries in the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that neither vehicle was damaged in the accident and that plaintiff was exaggerating her injuries. Case settled for $10,000 prior to trial.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Long v. Gomes, CI-17-06613; CI-16-06862

Arbitration Award for Closed Head Injury Claim

Type of Injury: Closed head injury
Type of Accident: Side-impact
Award/Settlement Amount: $10,374
Case Summary: Plaintiff was traveling in the right eastbound lane of Avenue A, when he broadsided the passenger’s side of a vehicle operated by defendant. Prior to the collision, defendant was stopped in the westbound left lane of Avenue A (the roadway had two lanes on each side), waiting to make a left turn into the mid-block parking lot of a bank. Defendant claimed that an unidentified driver, in the left lane of eastbound Avenue A, stopped and signaled for defendant to make his turn, and then the collision with plaintiff occurred as defendant attempted to complete the turn. Plaintiff broke his glasses upon impact. He was diagnosed with a closed head injury. Defendant stipulated to liability, but argued that plaintiff’s injuries were caused by a prior accident. At arbitration, plaintiff was awarded $10,374.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Naymit v. DiRugeris, 81204493

Both Drivers Equally At Fault for Accident

Type of Injury: Back injury-Herniated Disc at L2-3; Neck injury-disc protrusions at C4-5 and C5
Type of Accident: Side-impact
Award/Settlement Amount: $11,929
Case Summary: Plaintiff was driving a car near an intersection. She alleged that as she was stopped at the stop sign for the intersection, a motorist who appeared to be stopped prior to executing a left turn motioned to her to proceed through the intersection by waving at her. As plaintiff entered the intersection, she claimed, the front of her car collided with the front passenger-side wheel axle of a minivan being operated by defendant. Plaintiff claimed that she suffered a lumbar-disc herniation at L2-3 and protrusions at C4-5 and C5-6 due to the accident. Defense asserted that plaintiff had a stop sign against her, defendant had the right of way. Jurors determined that plaintiff and defendant each had been 50% negligent with respect to the accident, awarding plaintiff damages totaling $11,928.84.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Durham v. Thompson, 110500501

Jury Award to Victim of Distracted Driver

Type of Injury: Soft tissue neck and low back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction on the same Road. Plaintiff came to a complete stop in traffic at an intersection and was rear-ended by defendant. According to defendant, the speed at the time of impact was 25 to 35 mph. Plaintiff’s vehicle had no visible damage, but the front end of defendant’s car slid under the back of plaintiff’s car, causing severe damage to defendant’s vehicle. Plaintiff claimed he sustained soft tissue back and neck injuries and a herniated disc as a result of defendant’s negligence. Defendant admitted liability and testified he was distracted by an accident on the other side of the median. Plaintiff was awarded $12,000 after 2 hours of jury deliberations.
Location: Luzerne County, Pennsylvania
Case Name and Docket Number: Bilhardt v. Matak, 16866

Court Award to Plaintiff at Bench Trial

Type of Injury: Soft tissue neck and lower back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $12,500
Case Summary: Plaintiff was driving a car at an intersection. The intersection was controlled by four-way stop signs. Plaintiff alleged that after stopping at the stop sign, she entered the intersection, at which time the front passenger-side corner of an oncoming truck struck the left side of her car. The truck was being driven by defendant. During a bench trial, plaintiff maintained that defendant had improperly entered the intersection, thereby causing the accident. Defense claimed the accident was the fault of plaintiff. Plaintiff claimed she sustained neck and lower back pain with decreased range of motion. Defense maintained that there was no medical evidence that plaintiff suffers from a disc herniation, and that her own physicians have conceded that she has degenerative disc disease. The court found in favor of plaintiff in the amount of $12,500.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Kosova v. Ottaway, 110501893

Moderate Injury Case Examples

Moderate car accident injuries can include concussions, uncomplicated bone fractures, slipped or herniated discs, and more extensive soft-tissue injuries. The person may be left with some residual impairment to the affected body part. Moderate injuries can keep the victim out of work for several weeks or months, depending on the physical demands of their job.

Negligence a Factual Cause of Harm to Plaintiff

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $13,900
Case Summary: Plaintiff was traveling southbound on Route A. Defendant pulled out from a parking lot off Route A south and attempted to turn left onto northbound Route A. Plaintiff was in the left passing lane when the front passenger’s side of his car struck the front driver’s side panel of defendant’s SUV. Defendant stipulated to liability and the case was tried on the plaintiff’s alleged injuries and damages. Plaintiff, who was diagnosed with soft tissue neck and back injuries, began a series of different treatments and medications for a growing number of complaints that he claimed were caused by this accident. Defense physiatrist said that at most the subject accident aggravated an underlying, degenerative condition from which plaintiff suffered well before the collision. Jury found defendant’s negligent a factual cause of harm to plaintiff, who was awarded $13,900.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Foschia v. Myers, GD-06-019363

Defendant Argues Plaintiff was Seeing Chiropractor Prior to Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $14,000
Case Summary: Plaintiff was driving on a four-lane highway. Defendant, who was driving behind plaintiff’s car and struck the vehicle as plaintiff stopped at an intersection. The rear bumper of plaintiff’s car was knocked off by the impact. Plaintiff went home immediately after the accident and then went to the emergency room. Plaintiff alleged she sustained soft tissue neck and back injuries as a direct result of this accident. The defense stipulated to liability, but contended that Plaintiff’s primary care physician reported her injuries were resolved about a month after the accident. Jury awarded a total of $14,000 to the plaintiff. Per defendant’s counsel, the verdict for Plaintiff was impacted by the fact she had been seeing the chiropractor two months prior to the incident for a neck injury.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Westwood v. O’Suchowski, GD-13-000985

Jury Award Despite Allegations of Exaggeration

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $21,450
Case Summary: Plaintiff was driving her vehicle in heavy traffic when she was rear-ended by a vehicle being driven by defendant. Plaintiff alleged that the impact was sufficient to cause serious neck and back injuries. Plaintiff claimed she subsequently underwent a course of chiropractic treatment, which was reasonable and necessary. Defendant did not contest liability for the accident. Defendant’s orthopedic expert opined that plaintiff should have recovered from any injuries within four months of the accident; plaintiff’s claims were exaggerated; and the length and intensity of treatment was unreasonable and unnecessary. A jury returned a $21,450 verdict for the plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Kaminski v. Kirkpatrick, 14315-2006

Jury Perceived Plaintiff as Probably Dishonest

Type of Injury: Shoulder injury-strained rotator cuff
Type of Accident: Side-impact
Award/Settlement Amount: $21,900
Case Summary: Plaintiff was operating a vehicle in a westerly direction on Route A. Defendant pulled out from a stop sign on a side street intending to make a right turn. He was unable to complete his turn due to heavy traffic, requiring him to stop across two lanes of travel. Plaintiff subsequently broadsided defendant’s vehicle. Plaintiff allegedly that defendant was negligent in failing to yield the right-of-way. Plaintiff further claimed he suffered a strained rotator cuff in shoulder. The defense contended that plaintiff was contributorily negligent in traveling at an excessive rate of speed. Jury returned a plaintiff verdict for $21,900. Per plaintiff’s counsel, plaintiff made a lost wages claim of $14,000 which was not supported by evidence. He was employed in several odd jobs which were not shown on his tax return. Jury believed plaintiff was dishonest.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: Corbett v. Miller, 2006-1549CD

At-Fault Driver Fully Liable for Victim’s Shoulder Injuries

Type of Injury: Shoulder injury-a torn left rotator cuff; Neck injury- two cervical herniated discs
Type of Accident: Side-impact
Award/Settlement Amount: $24,000
Case Summary: Plaintiff was operating a vehicle heading west toward an intersection. At the same time, defendant was eastbound in a tow truck approaching the intersection. Plaintiff alleged that both vehicles came to stop at a red light at the intersection. Plaintiff had his turn signal on and intended to turn left. When the light turned green, defendant remained idle, causing plaintiff to assume that defendant was permitting him to make the turn. Plaintiff claimed that when he made the turn, defendant accelerated and broadsided his car on the passenger’s side. Defendants denied the allegations. Defense counsel contended that plaintiff was negligent for making a left turn in front of defendant, who had the right of way. Plaintiff was diagnosed with a torn left rotator cuff and two cervical herniated discs. Jury found 100% negligence against defendant and awarded plaintiff $24,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Silva v. Thomas, 011001362, 011001697

Plaintiff Wins Verdict for Rotator Cuff Tear

Type of Injury: Shoulder injury- rotator cuff tear
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was operating his vehicle near an intersection. He claimed that Defendant 1, driving a car owned by co-defendants, rear-ended his vehicle, while stopped at the intersection. Defendant 1 then drove away from the scene of the accident, leaving plaintiff to identify the car by license plate number. As a result of the collision, plaintiff alleged that he suffered a shoulder injury that required arthroscopic surgery to repair. The matter proceeded to a jury trial. Defendants did not admit liability, but did not seriously contest it. Jury reached a verdict in favor of plaintiff, awarding him $25,000 on his claim.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Parr v. Merida, GD-07-017344

Pretrial Stipulation Hinges on Causation

Type of Injury: Neck injury-C2 disc herniation
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a passenger in a pickup truck, stopped at a red light, when the truck was rear-ended by a sports utility vehicle driven by defendant. The defendant stipulated to liability and the case was tried on the issue of causation only. The parties stipulated to the amounts to be paid, depending upon whether the jury found causation ($85,000) or not ($25,000). Four days after the accident, plaintiff presented to an emergency room, complaining of neck pain. Subsequently, plaintiff’s C2 disc was fused to his T1 disc. Defense orthopedic surgeon expert testified that plaintiff’s treatment was not due to the subject accident, but was rather a natural progression of his pre-existing treatment. Jury found that the collision was not a factual cause of plaintiff’s cervical fusion surgery. Because of the parties’ pretrial stipulation, plaintiff recovered $25,000.
Location: Erie County, Pennsylvania
Case Name and Docket Number: Burnett v. Smith, 12440-2008

Defense Argues Collision Aggravated Pre-Existing Conditions

Type of Injury: Back sprain
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped at a traffic light. While stopped, her vehicle was rear-ended by defendant’s car. Defendant stipulated to negligence and the case proceeded on the issues of proximate cause and damages. Plaintiff argued that she sustained a back sprain as a result of the crash. Plaintiff asserted that her injuries required 18 months of treatment. The defense contended the impact involved in this accident was minimal, as evidenced by the lack of property damage to plaintiff’s motor vehicle. The defense Counsel argued that plaintiff’s injuries were proximately related to preexisting conditions and to other prior and subsequent motor vehicle accidents/incidents. Jury found in favor of the plaintiff, awarding her $25,000 in damages.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Lippert v. Petruna, AR-14-001766; AR 14-001766

Defense Argues Continuing Complaints Unrelated to Crash

Type of Injury: Soft tissue low back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was driving her vehicle. She stopped at a lighted intersection and was struck in the rear-end by a vehicle driven by Defendant. The defense stipulated to liability for the accident and the case proceeded on the issue of damages only. Plaintiff claimed she suffered serious low back, soft tissue injuries which continued to cause her stiffness and pain. The defense Counsel argued that plaintiff’s injury should have resolved and that any continuing complaints were unrelated to this accident. The jury returned a $25,000 verdict for plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Wolf v. Morring, GD 10 012080

Jury Awards to Injured Driver and Passenger

Type of Injury: Plaintiff 1-Shoulder injury- rotator cuff injury; Others-hand numbness, back sprains, and shoulder sprains. Plaintiff 2-back injury- unspecified disc herniations; TMJ injury; and left meniscus dislocation
Type of Accident: Rear-end
Award/Settlement Amount: $28,000
Case Summary: Plaintiffs alleged that defendant was negligent by driving his automobile into the rear end of plaintiff’s car while the car was lawfully stopped at an exit ramp stop sign. Plaintiff 1, who was driving at the time of the collision, alleged that she suffered hand numbness, rotator cuff injuries, back sprains, and shoulder sprains. Plaintiff 2, who was a front-seat passenger at the time of the accident, suffered claimed disc herniations in her back that required surgery to correct, TMJ injury, and left meniscus dislocation. The matter went to trial. Plaintiffs presented the expert opinions of their treating physician. Defendant observed the medical documentation submitted showed plaintiff2 had a prior history of back problems from another accident. Jury found defendant liable for Plaintiffs’ injuries, awarding plaintiff2 $28,000 and plaintiff 1 $6,600.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Kempkes v. Schumaker, 03-04177

Plaintiff’s TMJ and Other Injuries Challenged

Type of Injury: Soft tissue neck injuries; Jaw injury-temporomandibular joint dysfunction (TMJ)
Type of Accident: Rear-end
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was driving her vehicle on a major highway in heavy traffic. She was rear-ended in a chain reaction accident. Defendants were other motorists involved in the collision. Plaintiff alleged that one or both drivers were responsible for the accident. Plaintiff claimed serious soft tissue neck injuries, as well as temporomandibular joint dysfunction (TMJ) which she claimed would require future surgery. Plaintiff claimed her injuries diminished her ability to work to her full capacity. Each defendant acknowledged some responsibility for the crash. However, they maintained that this was a minor accident and disputed that plaintiff was seriously injured in the crash. Specifically, they argued that plaintiff’s TMJ was unrelated to the accident. Jury found for plaintiff and awarded her $30,000. The defendants were found to be equally liable for the underlying accident.
Location: Bucks County, Pennsylvania
Case Name and Docket Number: Faust v. Profy, 97-764-09-02

Shared Fault for Collision and Plaintiff’s Injuries

Type of Injury: Soft tissue neck and back injuries; a right knee injury requiring surgery
Type of Accident: Side-impact
Award/Settlement Amount: $36,000
Case Summary: Plaintiff claimed that while he was driving his car southbound, defendant was driving northbound on that same road. According to the complaint, defendant attempted to make a left-hand turn at an intersection, failing to give plaintiff the right of way, causing a broadside collision between the vehicles. Plaintiff asserted a claim for soft tissue neck and back injuries, and a right knee injury that required surgery. According to defendant’s pretrial memorandum, liability was an issue to be litigated, with both parties claiming that the other had run a red light at the intersection. The matter proceeded to a jury trial. Jury reached a verdict in plaintiff’s favor, finding defendant to be 80 percent negligent, and awarding plaintiff $36,000 for personal injuries and an additional $3,731.54 for property damage.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Jesz v. Good, GD-08-008772

Agreement Reached at Mediated Settlement Conference

Type of Injury: Soft tissue back and neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was driving his vehicle on a highway. He was traveling at approximately 40 to 50 mph when he was sideswiped by a vehicle driven by Defendant. Plaintiff’s vehicle then veered off the roadway and flipped over after hitting a telephone box. Plaintiff alleged defendant failed to maintain his own lane of travel and failed to maintain an assured clear distance between the two vehicles. Plaintiff also alleged soft tissue neck and back injuries which were directly related to the incident. Defendant argued that plaintiff was contributorily negligent in failing to control his vehicle and disputed the extent of plaintiff’s injuries. Plaintiff agreed to accept a $45,000 settlement. The settlement was reached during a settlement conference supervised by a federal magistrate acting as mediator.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Jones v. Hill, CI-17-00541

Jury Finds Defendant Fully Liable for Plaintiff’s Injuries

Type of Injury: Neck injury-cervical strains and a C5-6 annular tear; Back injury- thoracic and lumbar strains
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving a car, when the passenger side of her vehicle was struck by a vehicle that was driven by defendant, at an intersection. Plaintiff claimed that defendant caused the collision by failing to stop at the intersection. The case proceeded to trial on alleged injuries and damages after the defendant stipulated to liability. After the accident, plaintiff drove herself to an emergency room where she was treated and released. She subsequently followed up with her family doctor who diagnosed her with cervical, thoracic and lumbar strains and a C5-6 annular tear, and put her on a three-month course of physical therapy. As a possible cause of plaintiff’s complaints, defense pointed to a prior motor-vehicle accident. Jury found that defendant was fully liable for plaintiff’s injuries and awarded $50,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Lynch v. Gallant, 2:20-cv-05641-JDW

Defense Expert Disputes Relevance of Surgery

Type of Injury: Back injury-aggravation of preexisting lumbar condition at L3-4, L4-5, L3-S1; and new disc herniations at L4-5 and L5-S1; Neck injury-degenerative disease at C5-6
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was rear-ended by defendant, who was driving a vehicle in the course and scope of his employment with co-defendant. Plaintiff was in a pickup truck stopped at a red light of an intersection. In a police report, defendant admitted that the “traffic stopped at the red light and when I looked up I couldn’t stop in time to avoid hitting the vehicle.” Defendants stipulated to liability, and the case was tried on injuries and damages. Plaintiff underwent L3-4, L4-5 laminectomy and an L3-S1 fusion with use of iliac bone graft and a posterior lumbar interbody fusion at L4-5 and L5-S1 with placement of an epidural catheter. He was also diagnosed with degenerative disease at C5-6. Defense expert neurosurgeon testified that plaintiff’s back surgery was not related to the motor vehicle accident. Jury awarded plaintiff $50,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Boggs v. Duff, GD-06-004581

Case Settles After Knee Injury Dispute

Type of Injury: Neck injury-Herniated Disc at C3-4; Others-Aggravation of preexisting torn Meniscus in knee
Type of Accident: Side-impact
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was stopped at an intersection, waiting to make a left turn when defendant ran a red light at the intersection and broadsided the driver’s side of plaintiff’s vehicle. Defendant, who claimed that the sun glare obstructed her view of the red light, stipulated to negligence and the case was tried on alleged injuries and damages. Plaintiff, who had an extensive history of left knee problems consisting of six knee surgeries since childhood, began seeing a chiropractor for complaints of neck and left knee pain. The plaintiff was then referred to an orthopedic surgeon who diagnosed him with a herniated disc at C3-4 and a torn meniscus in the left knee, requiring surgery. Defendant’s orthopedic surgeon confirmed the plaintiff’s injuries, but testified that plaintiff required no ongoing formal care or therapy. The parties subsequently settled for $60,000.
Location: Montgomery County, Pennsylvania
Case Name and Docket Number: Degirolamo v. Nocton, 2008-16269

Judge Awards Plaintiff Following Bench Trial

Type of Injury: Back injury-broad disc herniations at L3-4, L4-5 and L5-S1; Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was driving west on Avenue X crossing an intersection when defendant, heading north on Road B, drove through the stop sign and broadsided plaintiff in her vehicle’s driver side and rear door. The collision caused plaintiff’s SUV to spin 180 degrees before it came to a stop in the intersection. Plaintiff was taken via ambulance to nearby hospital and was then transferred to a Medical Center after experiencing heart palpitations. She was treated and released for soft-tissue injuries to her back and neck. Three months later, she was diagnosed with broad disc herniations at L3-4, L4-5 and L5-S1. The defense’s radiology expert, testified that plaintiff’s injuries were pre existing, prominent disc bulges, and were neither a serious impairment nor serious injury. The judge awarded plaintiff $60,000 following a bench trial.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Mingo v. Melone, 60200534

Plaintiff Verdict for Elderly Head-On Collision Victim

Type of Injury: Soft tissue injuries to her back, chest, breasts and stomach; an aggravation of a pre existing back condition
Type of Accident: Head-on
Award/Settlement Amount: $70,000
Case Summary: Plaintiff, age 80, was operating her vehicle when she was involved in a head-on collision with Defendant. The impact caused the airbags in plaintiff’s vehicle to deploy. Plaintiff alleged defendant was negligent in attempting to execute an illegal left turn across the path of her oncoming vehicle. As a direct result of the substantial impact, plaintiff maintained she sustained significant bruising to her back, chest, breasts and stomach. Also, plaintiff argued she suffered an aggravation of a pre existing back condition resulting in continuing pain and motion limitations. The defense contended plaintiff had sustained only minor soft tissue injuries. Defense asserted that plaintiff’s continuing back complaints were proximately related to preexisting compression fractures in her back and were not related to this accident. Jury returned a $70,000 verdict for plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Megan v. Cortez, GD-15-008662

Defense Blames Plaintiff’s Pregnancy for Injury Complications

Type of Injury: Neck injury-whiplash which developed into a traumatic arrhythmia (heart)
Type of Accident: Rear-end
Award/Settlement Amount: $93,702
Case Summary: Plaintiff was driving her vehicle. She stopped for traffic and was rear-ended by defendant driving his vehicle. Plaintiff’s car was forced into the vehicle which was in front of her. The defense stipulated to liability for the accident and the case proceeded to trial on the issue of damages and causation. Plaintiff alleged that she sustained serious whiplash (neck) injuries which developed into a traumatic arrhythmia (heart) that continued to trial. The defense disputed the nature and extent of plaintiff’s injury claim, contending that her pregnancy following the accident may have been the cause for her complaints. Jury found in favor of plaintiff in the amount of $93,702.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Gurten v. Crescetelli, 130902117

Defendant’s Negligence Caused Serious Body Function Impairment

Type of Injury: Back injury-lumbar disc protrusion at L5-S1 superimposed over degenerative changes, and lumbar radiculopathy
Type of Accident: Side-impact
Award/Settlement Amount: $94,972
Case Summary: Plaintiff was driving his vehicle, when defendant, driving a pickup truck, turned left out of a parking and struck the middle/rear passenger’s side of plaintiff’s vehicle. The case was tried on alleged injuries and damages, as defendant stipulated to liability. Following the accident, began treatment, ultimately undergoing 57 hours of physical therapy over six months. During that time, an MRI showed a lumbar disc protrusion at L5-S1 superimposed over degenerative changes, and an EMG revealed lumbar radiculopathy. Defense maintained that plaintiff’s injuries were soft-tissue and that he was physically able to partake in all of his pre-accident activities with little to no adverse effect. Jury found that defendant’s stipulated negligence caused plaintiff to suffer a serious impairment of a body function and awarded him $94,972.11.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Foxx v. White, 80102538

Severe Injury Case Examples

Severe crash injuries may involve traumatic brain injuries, multiple complicated fractures, internal injuries like aortic transection, and serious neck and back injuries. Many severe crash victims suffer multiple types of injuries that prevent them from returning to their pre-accident work or life activities.

Plaintiff Verdict for Fractured Ribs, Punctured Lung, Lacerations

Type of Injury: Ribs injury-four fractured ribs; Others- a punctured lung, a fractured finger, multiple lacerations and loss of feeling in three fingers
Type of Accident: Side-impact
Award/Settlement Amount: $116,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant ran a red light and broadsided plaintiff’s vehicle which was attempting to turn left with a green turn signal. The defense stipulated to admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff claimed that she suffered four fractured ribs, a punctured lung, a fractured finger, multiple lacerations and loss of feeling in three fingers as a direct result of the accident. The defense Counsel contended that plaintiff had no residual problems as a result of the fractured ribs and that plaintiff had essentially normal use of her hand. The jury returned a plaintiff verdict in the amount of $116,000
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Cloonan v. Thorpe, GD-03-016354; GD-02-004355

Jury Verdict to Plaintiff for Extensive Soft-Tissue Injuries

Type of Injury: Neck and back injuries-trauma to the cervical, thoracic, and lumbar regions, which caused misaligned vertebrae, muscle strains, ligamentous, articular and discal sprains, nerve tissue irritation and joint dysfunction, resulting in weakening to plaintiff’s neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was driving south. He decided to stop at a local convenience store, and so he turned into the designated left-turn lane, directly across from the entrance. As he turned into the market, his vehicle was struck by a northbound vehicle driven by defendant. Defendant denied negligence. She claimed that she had the right-of-way and plaintiff abruptly turned into her lane. Plaintiff was diagnosed with severe trauma to the cervical, thoracic, and lumbar regions, which caused misaligned vertebrae, muscle strains, ligamentous, articular and discal sprains, nerve tissue irritation and joint dysfunction. Doctors also found traumatically induced weakening to plaintiff’s neck and back, which would likely cause recurrent pain and tenderness. Defense contested plaintiff’s claimed injuries, arguing that the soft-tissue injury did not require surgery or orthopedic therapy. Jury found defendant 100% at fault and awarded plaintiff $150,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Carey III v. Wehmeyer, 5001766

Speeding Driver Liable for Victim’s Partial Disabilities

Type of Injury: Head injury-a head concussion, loss of consciousness, headaches, and scalp laceration; others- left fractured fingers and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $175,000
Case Summary: Plaintiff was stopped after dark at a red light at an intersection intending to make a left turn. When the left turn arrow turned green, plaintiff proceeded to the middle of the intersection. Plaintiff’s vehicle was then struck broadside by a vehicle operated by defendant at a speed of 40 m.p.h. The posted speed limit was 30 m.p.h. Plaintiff alleged that defendant was negligent in disregarding a red light and in speeding. Plaintiff further claimed he suffered a concussion, loss of consciousness, headaches, left fractured fingers, back injuries, and scalp laceration. Plaintiff’s injuries resulted in 25% permanent partial disability of left hand and 10% permanent partial disability of low back. Defendant contended that he entered the intersection on a yellow light and that plaintiff ran a red light. Jury found for plaintiff, awarding him $175,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Weisback v. Hanks, 2:09-cv-00238-RBS

Jury Award After Defendant Admits Negligence

Type of Injury: Back injury-mild degenerative changes of L5-S1 disc and a L4-5 disc bulge; Neck injury-disc bulge at C4-5 and herniations at C5-6 and C6-7
Type of Accident: Rear-end
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was stopped at a stop sign, when her vehicle was rear-ended by another driven by defendant. The defendant stipulated to negligence and the case was tried on the plaintiff’s alleged injuries and damages. Plaintiff, complaining of pain in her neck and shoulder area, consulted with an orthopedic surgeon. An MRI revealed mild degenerative changes of L5-S1 disc; a L4-5 disc bulge; disc bulge at C4-5; and herniations at C5-6 and C6-7. Defense counsel attributed the plaintiff’s alleged injuries to a previous motor-vehicle accident. Jurors found that defendant’s negligence was a factual cause of the plaintiff’s injuries. Plaintiff was awarded $200,000 in damages.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Romanick v. Krivorutskaja, 81200555

Defendant Admits Negligence, Disputes Plaintiff’s Injuries

Type of Injury: Neck injury-cervical radiculopathy at C7, herniated nucleus pulposus at C6-7, disc bulges at C5-6 and C4-5; Back injury- disc protrusion lumbar at L5-S1; Others chronic cervicothoracic strain, chronic lumbosacral strain and chronic spinal pain syndrome
Severity Rating: Severe
Type of Accident: Rear-end
Award/Settlement Amount: $207,340
Case Summary: Plaintiff claimed that defendant driver ran a red light at an intersection and broadsided her vehicle. Plaintiff suffered cervical radiculopathy at C7, herniated nucleus pulposus at C6-7, disc bulges at C5-6 and C4-5, disc protrusion lumbar at L5-S1, chronic cervicothoracic strain, chronic lumbosacral strain and chronic spinal pain syndrome. The defense admitted negligence, but contended that the plaintiff’s injuries were unrelated to this accident. The jury found for the plaintiff and awarded $207,340 in damages. Breakdown: $4,423 in medical and miscellaneous expenses, $145,000 in lost wages, $50,000 in past, current and future pain and suffering and $7,917 in delay damages.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Jones v. Lichty, 02-06000

Traumatic Brain Injury with Cognitive and Memory Loss

Type of Injury: Head injury-mild traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties
Type of Accident: Rear-end
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving her vehicle. She came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff’s vehicle was pushed forward a substantial distance as a result of the impact. Plaintiff suffered a mild traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties. The defendant did not dispute that she struck plaintiff’s vehicle, but argued that plaintiff did not suffer a closed head injury in the crash. The defense contended that plaintiff’s difficulties had nothing to do with this accident. The parties reached a $250,000 settlement prior to trial.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: DeSabetino v. Sentner, GD-12-001151

Jury Award to Injured Passenger with Disputed Injuries

Type of Injury: Neck injury-disc herniation at C5-C6 and degenerative disc disease at C6-C7.
Type of Accident: Rear-end
Award/Settlement Amount: $261,760
Case Summary: Plaintiff was a front-seat passenger in a vehicle traveling south on Route A. Plaintiff’s driver came to a stop for a red light and was rear-ended by a vehicle driven by Defendant. Plaintiff presented to the emergency room with complaints of head and neck pain. A follow-up MRI due to ongoing pain revealed a disc herniation at C5-C6 and degenerative disc disease at C6-C7. She claimed she required cervical surgery as a direct result of this accident. Defendant denied liability, but the court granted the plaintiff’s motion for a directed verdict on liability during trial. A neurosurgeon who had performed an IME testified that no further treatment was needed because plaintiff was released to return to her work as a hospital clerical worker without restrictions. The jury awarded a $261,760 verdict to the plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Sgambati v. Roethlein, GD 12-010681

Jury Determines Defendant was At Fault, Awards Damages to Plaintiff

Type of Injury: Neck injury-a cervical strain and sprain; Back injury-an aggravation of pre-existing conditions at L4-5 and L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $290,000
Case Summary: Plaintiff was a passenger in a car. While the car was stopped, its rear end was struck by a trailing vehicle. The other motorist’s insurer averted a lawsuit by agreeing to pay $24,000, from a policy that provided $25,000 of coverage. Plaintiff sought to recover the underinsured-motorist policy of $1 million from his own Insurer. Defendant stipulated to liability, and the case was tried on the issue of damages. Plaintiff was diagnosed with a cervical strain and sprain and an aggravation of pre-existing conditions at L4-5 and L5-S1. The defense’s expert in orthopedic surgery, who examined plaintiff, attributed his back pain to his documented prior lumbar injuries. Jury found that the underlying tortfeasor’s negligence was a factual cause of injury to plaintiff. Plaintiff was determined to receive $290,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Frisch v. James River Insurance Co, 180400052

Case Settled One Week Before Trial

Type of Injury: Neck injury-herniated disc at C5-6
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was operating an SUV that was stopped at an intersection, when the rear of his SUV was struck by an SUV driven by defendant. Plaintiff suffered a herniated cervical disc (C5-C6). Defendant stipulated to negligence. The case proceeded through litigation on the issues of causation and damages. Plaintiff had a five-year history of severe neck pain from a motor-vehicle accident in which he suffered a neck injury. Following the accident, he was put on a course of physical therapy and underwent a series of epidural injections. The defense’s expert in orthopedic surgery concluded in his report that plaintiff’s injuries and treatment were all related to his documented, preexisting condition of his cervical spine. The parties settled for $300,000 one week prior to trial.
Location: Montgomery County, Pennsylvania
Case Name and Docket Number: Pontarelli v. Pera, 2010-15174

Award for Bilateral Knee Injuries Requiring Surgery

Type of Injury: Knee injury-bilateral knee contusions
Type of Accident: Head-on
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was driving her car near the entrance to a Park. Plaintiff was descending a hill at the same time that a vehicle driven by defendant was ascending the hill. Plaintiff claimed that defendant appeared to be changing lanes from the left to the right as he drove up the hill. He then continued to drift across the center line and collided head-on with plaintiff’s car. Plaintiff’s knees were smashed against the dashboard. She was taken to the emergency room and diagnosed with bilateral knee contusions. She then underwent three years of pain management, surgery, acupuncture, and finally implantation of a spinal stimulator to block the pain. Defendant admitted he caused the collision, but disputed the reasonableness of plaintiff’s continued treatment. Plaintiff was awarded $300,000 after the jury deliberated approximately 2 hours.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: Andrews v. Charles, 99-7382

Ambulance Driver Liable for Traumatic Brain Injuries and Amnesia

Type of Injury: Head injury-subdural hematoma, traumatic brain injury, amnesia and cognitive brain issues
Type of Accident: Side-impact
Award/Settlement Amount: $340,000
Case Summary: Plaintiff was operating his vehicle through an intersection on a green. A private ambulance service van owned by defendant entered the same intersection and struck plaintiff’s vehicle broadside. Evidence later revealed that defendant’s driver was not on an emergency call, but was distracted either by a cell phone or another electronic device and did not notice the red light at the intersection. Plaintiff’s vehicle was totaled and the “jaws of life” had to be used to free him. He was life-flighted to a local hospital, where it was determined he had suffered a brain bleed from a subdural hematoma and was diagnosed with a traumatic brain injury. Plaintiff was further diagnosed with amnesia and cognitive brain issues. The defense stipulated to negligence, but disputed the extent of plaintiff’s alleged cognitive disabilities. An Arbitrator awarded $340,000 to plaintiff.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Rivera v. Hall, CI-16-00093

Plaintiff Settles Dominant Arm Injury Case

Type of Injury: Arm injury-exacerbation of a thoracic outlet syndrome injury to plaintiff’s right (dominant) arm
Type of Accident: Side-impact
Award/Settlement Amount: $350,000
Case Summary: Plaintiff was driving her car. While plaintiff was stopped at a red light at an intersection, a school bus, which was operated by defendant, backed up to allow for a tractor-trailer to make a turn and struck the passenger’s side of plaintiff’s car. Plaintiff’s counsel argued that the defendants were fully liable for the collision because defendant was reversing the school bus when the accident occurred. The defense argued that, while defendant had reversed his vehicle into plaintiff’s car, the impact was minor. Plaintiff’s counsel contended that the accident exacerbated a thoracic outlet syndrome injury to plaintiff’s right (dominant) arm, which plaintiff had incurred seven years earlier. Counsel asserted that the exacerbated condition forced plaintiff to miss one year of work. The parties agreed to a $350,000 settlement.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Cassidy v. Lewis, 70801158

Head-On Collison Permanent Injury Cases Settles

Type of Injury: Permanent soft tissue lower back injury
Type of Accident: Head-on
Award/Settlement Amount: $350,000
Case Summary: Plaintiff was a passenger in a vehicle driven by defendant 1. Their vehicle was traveling southbound on Road X. At the same time, a vehicle driven by defendant2 was traveling northbound on Road X. Plaintiff claimed the drivers of both vehicles crossed the centerline. As a result, defendant’s vehicle went off the road and struck a tree. Both drivers were traveling approximately 50 mph at the time of impact and both vehicles had to be towed from the scene. Plaintiff presented to the emergency room with complaints of lower back pain. He sought additional treatment for continued pain several weeks later and was referred for physical therapy. Plaintiff claimed continuing pain up to the date of trial. The court entered judgment against defendants on the issue of liability. Case subsequently settled for $350,000.
Location: Washington County, Pennsylvania
Case Name and Docket Number: McKenna v. Riston, GD-13-018548

Defense Blames Plaintiff’s Injuries on Prior Falls and Work Accident

Type of Injury: Back injury-annular tear and aggravation of a pre-existing desiccated disc at L5-S1, which was complicated by a pre-existing Schmorl’s node in the L4 vertebra
Type of Accident: Rear-end
Award/Settlement Amount: $362,500
Case Summary: Plaintiff was operating his vehicle. He was rear-ended by the car behind him, which had first been struck by Defendant’s vehicle. Plaintiff claimed he suffered annular tear and aggravation of a pre-existing desiccated disc at L5-S1, which was complicated by a pre-existing Schmorl’s node in the L4 vertebra. Plaintiff underwent lumbar fusion surgeries to repair the L5-S1 disc. The defense stipulated to liability for the accident, but contested proximate cause and the nature and extent of the plaintiff’s injuries. Specifically, defense Counsel argued that, following the subject accident, plaintiff injured his back when he fell on some ice; while he was lifting equipment at work; and when he fell from a defective display chair in a store. Jury returned a plaintiff verdict in the amount of $362,500.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Hesch v. Vendeland, GD-16-022642

Multi-Car Accident Case Settles at Mediation

Type of Injury: Neck injury-Cervical disc herniation at C4-C5; Others-bilateral Achilles tendonitis to both feet
Type of Accident: Rear-end
Award/Settlement Amount: $517,000
Case Summary: Plaintiff was driving her vehicle on Road A, consisting of one lane in each direction. Defendant1 was building a development at the end of the road and was being required to have the road paved. Defendant2 was the contractor hired by defendant1 to do the paving work. Defendant2 was supplying its truck with fill dirt at the time. As plaintiff slowed or stopped, the driver behind her rear-ended her vehicle, but was then able to veer away. This resulted in plaintiff’s vehicle being struck a second time by yet another motorist. The defense stipulated to liability for the accident. Plaintiff claimed a C4-C5 disc herniation and bilateral Achilles tendonitis to both feet as a direct result of this accident. Parties reached a $517,000 settlement at mediation.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Keeler v. Auto Paint Specialties, Inc., GD-05-020442

Plaintiff Settles with At-Fault Truck Driver at Mediation

Type of Injury: Head injury-a concussion and an abrasion to his scalp; Neck injury- ruptured disc at C4-C5
Type of Accident: Rear-end
Award/Settlement Amount: $600,000
Case Summary: Plaintiff was driving a van. As he began to slow for traffic, his van was hit from behind by a truck driven by Defendant. Plaintiff claimed that, as a result of the accident, his seat belt broke and he fell backwards and hit his head on wooden shelving in the van. Plaintiff went to the emergency room for treatment two hours after the accident. Plaintiff suffered a concussion, an abrasion to his scalp and herniated cervical disc. Plaintiff continued to suffer neck pain and numbness in his fingers for months after the accident and eventually was diagnosed with a ruptured disc at C4-C5, and underwent an anterior cervical decompression and fusion. Defense contended plaintiff’s injuries were a result of a pre existing degenerative condition of his cervical spine. The case settled for $600,000 at mediation.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Jean-Baptiste v. Jaremijczuk, 170302707

Jury Award for Injuries with Permanent Nerve Damage

Type of Injury: Neck injury requiring cervical fusion at C5-C6; others- permanent nerve damage resulting in the loss of use of two middle fingers on the left hand
Type of Accident: Rear-end
Award/Settlement Amount: $975,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop when pedestrians stepped out in front of him from the median. Defendant applied his brakes but was unable to stop, rear-ending plaintiff’s vehicle. Plaintiff alleged that he suffered neck injury requiring cervical fusion at C5-C6 and permanent nerve damage resulting in the loss of much of the use of the two middle fingers on the left hand and loss of enjoyment of life due to inability to care for his 13 hunting dogs, go raccoon hunting, garden or volunteer at church. Plaintiff was also assessed a 25% permanent partial disability. Defendant contended that he was faced with a sudden emergency and that plaintiff had a significant pre existing cervical injury. Jury awarded plaintiff $975,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Wolff v. Roberts, 2017-19630

Head-On Crash with Multiple Fractures, Transected Aorta, Herniated Stomach

Type of Injury: Hip injury-left hip joint fracture and posterior dislocated femur; Others-left tibia/fibula deformity (open), comminuted compound proximal tibia fracture, and left horizontal proximal left fibula fracture, transected aorta, ruptured hemidiaphragm and herniated stomach
Type of Accident: Head-on
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff and defendant driver were operating their respective vehicles on opposite direction. Plaintiff’s vehicle was subsequently struct head-on by defendants’ truck. The truck crossed the center line and pushed plaintiff’s vehicle off the road. Plaintiff had to be cut from the vehicle and evacuated by helicopter for emergency medical care. Plaintiff had life-threatening injuries including a transected aorta, ruptured hemidiaphragm and herniated stomach, left hip joint fracture, posterior dislocated femur, left tibia/fibula deformity (open), comminuted compound proximal tibia fracture, and left horizontal proximal left fibula fracture. He remained in the hospital for three months. The defendants offered their $1,000,000 in policy limits four months before trial. Because the defendants had no appreciable assets to satisfy a judgment exceeding $1,000,000, the plaintiff elected to accept the offer of policy limits and the case settled.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Pratt v. Fuhrer, GD-11-024389

Traumatic Brain Injury with Seizures from Head-On Collision

Type of Injury: Head injury-traumatic brain injury resulting in memory problems, severe headaches, seizures and blackouts
Type of Accident: Head-on
Award/Settlement Amount: $1,200,000
Case Summary: Plaintiff was operating a pickup truck. Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a head-on collision. The impact was significant. Plaintiff was transported by ambulance to the nearest medical facility, where she was diagnosed with a traumatic brain injury. A few days later, plaintiff began to develop memory problems and severe headaches. She then began to have seizures and blackouts. Plaintiff was prescribed anti-seizure medication that causes drowsiness. The defense stipulated to liability for the collision, but disputed proximate cause. Defense Counsel argued that plaintiff’s cognitive symptoms were unrelated to this accident. Parties ultimately agreed to settle the case for $1,200,000.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: Dutertre v. DiBacco, 2016-01604

Trucker Liable for Head Injury, Cognitive Deficits, Seizures, and More

Type of Injury: Head injury-Closed head injury, post-traumatic seizure disorder and cognitive behavioral deficits; Others- benign positional vertigo, bilateral loss of smell (hyposmia), visual deficits, sleep apnea and headaches, and orthopaedic injuries to left lower extremity with permanent severe myofascial pain dysfunction and reflex sympathic dystrophy of lower left leg
Type of Accident: Side-impact
Award/Settlement Amount: $3,475,000
Case Summary: Defendant was operating a truck owned by Defendant. Plaintiff was traveling on an intersecting street. Defendant ran a red light and broadsided plaintiff’s vehicle. Plaintiff claimed that he suffered a closed head injury and orthopaedic injuries in the collision, resulting in post-traumatic seizure disorder, cognitive behavioral deficits, benign positional vertigo, bilateral loss of smell (hyposmia), visual deficits, sleep apnea and headaches, and orthopaedic injuries to left lower extremity with permanent severe myofascial pain dysfunction and reflex sympathic dystrophy of lower left leg. The defense stipulated to admitted liability, but contended that the quality of plaintiff’s life could be improved and that plaintiff’s expert failed to calculate plaintiff’s future damages correctly. Jury awarded plaintiff $3,300,000. Defendants’ appeal was denied and the case then settled for $3.475 million.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Steele v. Barr, GD-11-007075

Methodology

We analyzed a group of actual lawsuits filed in Pennsylvania courts by injured car accident victims. All plaintiffs received a payout from a court award, arbitration award, or by settling their case out-of-court before trial.

All plaintiffs in this group received a payout. When there were two plaintiffs, the Award/Settlement Amount reflects the highest amount paid to one individual plaintiff.

Averages are calculated by adding the payouts for a group of cases, then dividing by the number of cases in the group.