How Much is Your Claim Worth?
How Much is Your Claim Worth?
See jury awards and settlements paid to real Wyoming car accident victims. Find cases similar to yours.
In one recent year, there were 2,388 injury crashes and 113 fatal crashes on Wyoming roadways.¹
The average car accident settlement in Wyoming for a moderate injury claim is $37,919. Average payouts range from $7,693 for minor injuries to $242,625 for severe injuries.
We analyzed a group of lawsuits filed in Wyoming courts by victims injured in motor vehicle crashes. This group reflects rear-end collisions, from minor fender-benders to multi-vehicle collisions. All plaintiffs received a verdict rendered in a bench or jury trial, or a settlement was reached before trial.
Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $7,693 |
| Moderate Injury | $37,919 |
| Severe Injury | $242,625 |
Payout Range by Severity of Injury |
|
| Minor Injury | $3,500 – $13,500 |
| Moderate Injury | $15,000 – $81,000 |
| Severe Injury | $100,000 – $1,125,000 |
Insurance adjusters and injury attorneys base the value of an accident claim on the scope and severity of the victim’s injuries. An easy way to estimate your claim value is the multiple method.
Start by totaling your economic damages, including medical bills, lost wages, and out-of-pocket expenses. Then add one to three times the total to account for your non-economic damages like pain and suffering.
A multiple of one is reasonable for minor injuries, like a sore back that kept you off work for a few days. A multiple of two or three is appropriate for injuries that interfered with your life for several weeks or months, like a herniated disc that required surgical repair.
Severe injury claims should be handled by an experienced injury attorney to get the maximum settlement. Your attorney will demand compensation for current medical costs and lost wages, potential future costs, loss of earning capacity, and the extreme pain and suffering arising from severe injuries.
The average settlement for a car accident lawsuit in Wyoming is $37,919. You can expect to receive a settlement that covers your medical expenses, lost wages, out-of-pocket expenses, and pain and suffering.
Wyoming has a four-year statute of limitations for most personal injury claims. Adults must settle their claim or file a lawsuit within four years of the accident date.
No. Wyoming is a traditional fault or “tort” state. You may seek compensation for your damages from the at-fault driver. You are not required to rely on your own insurance policy as in a no-fault state.
Yes. Wyoming residents who are caught driving without insurance are subject to fines ranging from $500 to $1,500 fine, license suspension, and possible jail time.
Wyoming Rules of Professional Conduct prohibit attorneys from charging unreasonable fees. Personal injury attorneys typically charge a contingency fee between 33 and 40 percent of the final compensation they recover.
Minor car accident injuries are usually soft-tissue bumps and bruises, with muscle or tendon sprains and strains. Minor injury victims might be too sore to work for a few days, but should fully recover within a month.
Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $3,500
Case Summary: Plaintiff was driving his vehicle northbound when the vehicle was rear-ended in traffic by a car driven by Defendant. Plaintiff claimed he sustained serious neck injuries as a direct result of this accident and pursued damages through this claim. Defendant admitted liability for this accident and did not dispute that plaintiff was entitled to reasonable medicals, including an emergency room visit and one follow-up visit with his treating physician. He suggested the jury award plaintiff $2,000 in damages. Defendant disputed that plaintiff had residuals from this accident and argued that any further complaints were likely the result of plaintiff’s prior or subsequent accidents. The jury awarded plaintiff $3,500 in damages.
Location: Natrona County, Wyoming
Case Name and Docket Number: Broderick v. Dairyland, S-11-0096
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction and on the same road. Plaintiff came to a stop at a red light and was rear-ended by the defendant. Plaintiff suffered soft tissue neck and back injuries which resolved with chiropractic treatment. Plaintiff claimed $3,550 in medical expenses and $745 in lost wages. Defendant admitted liability, but contented that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $4,500 in damages.
Location: Natrona County, Wyoming
Case Name and Docket Number: Lucero v. Holbrook, S-12-0062
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a yield sign waiting to merge into traffic and was rear-ended by defendant. Plaintiff, a taxi driver, alleged that defendant failed to keep a proper lookout, resulting in soft tissue neck and back injuries to the plaintiff. Defendant contended that plaintiff was contributorily negligent for the accident, but the court sustained plaintiff’s motion for partial summary judgment as to liability and the case proceeded to trial on damages only. Defendant claimed that plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $4,350 for medical expenses and $150 for pain and suffering. The plaintiff’s attorney attributed the small verdict to a lack of property damage.
Location: Laramie County, Wyoming
Case Name and Docket Number: Smith v. Paiz, 03-47
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a passenger in a vehicle. The driver of plaintiff’s vehicle slammed on her brakes to avoid an accident and was subsequently rear-ended by a vehicle driven by Defendant. Plaintiff claimed soft tissue neck and back injuries as a direct result of this accident. However, plaintiff admitted at trial to hiking and climbing vacations, and walking 40 blocks a day to and from school, all of which followed the accident. Defendant admitted liability for causing the accident, but disputed the nature and extent of plaintiff’s damages. Defendant contended that plaintiff received spotty medical treatment and exaggerated the extent of her lost wages. Defendant also claimed plaintiff did not lose time from work because of her physical therapy treatments. Jury awarded plaintiff $5,000.
Location: Natrona County, Wyoming
Case Name and Docket Number: Terry v. Sweeney, 99-327
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,401
Case Summary: Plaintiff was driving her vehicle. She stopped her vehicle at a stop sign and remained stopped due to an approaching emergency vehicle. Defendant, a teenager, was stopped in another vehicle behind plaintiff. Defendant said she was distracted by the emergency vehicle and took her foot off the brake. As a result, defendant struck the rear of plaintiff’s stopped vehicle. There was minor damage to the rear of plaintiff’s vehicle. Plaintiff alleged she sustained serious soft tissue cervical and lumbar injuries which required orthopedic treatment over the course of one year. Defendant did not admit liability, but did not seriously contest it either. Defendant noted that plaintiff had several gaps in her treatment during the year the accident. A jury awarded plaintiff $7,401 verdict.
Location: Laramie County, Wyoming
Case Name and Docket Number: Gess v. Flores, S-10-0040
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $8,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction and on the same road. At an intersection, plaintiff came to a stop and was rear-ended by defendant. There was substantial damage to both vehicles. Plaintiff alleged that the impact caused soft tissue neck and back injuries requiring chiropractic treatment and resulting in a 20% range of motion limitation in her neck and back. Liability was not seriously contested. Defendant however contended that the accident caused soft tissue muscle strains of a non-permanent nature. Defendant further contended that plaintiff suffered from preexisting degenerative disc disease. Jury returned a plaintiff verdict of $8,000.
Location: Lincoln County, Wyoming
Case Name and Docket Number: Roberts v. Randall, 00-77
Type of Injury: Neck injury-cervical spine sprain
Type of Accident: Rear-end
Award/Settlement Amount: $9,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles westbound. As plaintiff stopped for traffic, his vehicle was rear-ended by defendant’s vehicle. Defendant, who had planned to exit off-ramp, lost control and crashed into the back of plaintiff’s car. As a result of this accident, plaintiff claimed a cervical spine sprain. Defendant disputed the extent of plaintiff’s damages, but agreed to settle the case prior to trial for $9,000.
Location: Laramie County, Wyoming
Case Name and Docket Number: Cathcart v. Meyer, 04-34
Type of Injury: Neck injury- Cervical strain causing neck pain and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving his car. He stopped for a traffic light at an intersection and was struck from behind by a vehicle driven by Defendant. Defendant was intoxicated at the time of this accident with a blood alcohol level of 0.17. Plaintiff alleged defendant was negligent in operating a motor vehicle while intoxicated. He claimed he sustained a cervical strain causing neck pain and headaches as a result of the collision. Plaintiff also sought punitive damages because of defendant’s intoxication. Defendant admitted liability for causing the accident, but disputed the amount of plaintiff’s damages. However, case settled for $10,000 prior to trial.
Location: Laramie County, Wyoming
Case Name and Docket Number: Reynolds v. Bonar, S-13-0100
Type of Injury: Soft tissue back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $11,524
Case Summary: Plaintiff and Defendant were driving westbound on the same road. Plaintiff came to a stop at an intersection. While stopped, his car was rear-ended by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to keep a proper lookout and maintain an assured clear distance ahead. Plaintiff claimed he sustained soft tissue back injuries as a direct result of this accident. Defendant denied negligence and disputed the nature and extent of plaintiff’s injury. Jury returned a plaintiff verdict of $11,524 in past medicals and lost wages.
Location: Goshen County, Wyoming
Case Name and Docket Number: Reichert v. Phipps, 02-159
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $13,500
Case Summary: Plaintiff was driving her vehicle at less than 20 mph. She slowed her vehicle in traffic. Two drivers behind her were able to change lanes and avoid a collision. However, defendant motorist was unable to stop in time and struck the rear of plaintiff’s car. Defendant admitted liability for the accident. Plaintiff suffered soft tissue neck and back injuries. She treated for six weeks and claimed future treatment might be required. She argued that her continuing complaints were a direct result of this accident and there were no other intervening events. Defendant contended this accident could not have caused plaintiff’s complaints. He argued that plaintiff recovered following initial treatment and any lingering complaints were unrelated to the crash. The Court awarded plaintiff $13,500 in a bench trial.
Location: Sheridan County, Wyoming
Case Name and Docket Number: Mendenhall v. West, S-11-0189
Moderate rear-end car accident injuries may include more extensive soft-tissue sprains and strains like whiplash neck injuries, as well as simple fractures, and slipped or herniated discs. Moderate injuries might keep the victim from work for several weeks or months, and victims may be left with some residual impairment.
Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles in the same direction on an exit ramp. Plaintiff came to a stop and was rear-ended by defendant. Plaintiff sought medical attention for a sore neck two days later at an urgent care facility. She was given prescription medication. When her neck failed to improve, she was referred to a neurosurgeon who recommended a MRI to rule out any disc involvement. The MRI was negative. Plaintiff then ceased any further medical care and her neck injury eventually resolved. Plaintiff alleged that she suffered a soft tissue neck injury and that all of her treatment was medically necessary. Defendant admitted liability but contended that plaintiff’s medical treatment, specifically the MRI, was unnecessary. Jury awarded plaintiff $15,000.
Location: Sublette County, Wyoming
Case Name and Docket Number: Grove v. Pfisher, 04–121
Type of Injury: Soft tissue neck and back injuries; shoulder sprain
Type of Accident: Rear-end
Award/Settlement Amount: $20,500
Case Summary: Plaintiff and Defendant were driving their respective vehicles. Plaintiff stopped her vehicle to avoid an accident ahead and was rear-ended by a company vehicle driven by defendant 1. Just moments before, Defendant2 was changing lanes and crashed his vehicle into Defendant1s’ automobile, causing her car to go into a spin. Plaintiff asserted that Defendants contributed to her rear-end collision. Plaintiff claimed she suffered soft tissue neck and back injuries and a shoulder sprain as a result of this accident. Defendant1 contended an unknown driver hit his vehicle and forced it into plaintiff’s vehicle. The other defendants admitted liability, but blamed each other for their accident. Plaintiff accepted a $20,500 settlement prior to trial.
Location: Laramie County, Wyoming
Case Name and Docket Number: Greenwalt v. Ram Rest. Corp., 01-103
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $22,500
Case Summary: Plaintiff was operating his vehicle. He came to a stop in traffic and was subsequently rear-ended by the vehicle directly behind him. The accident occurred when Defendant, who was four vehicles behind plaintiff, struck the vehicle in front of him, setting off a chain reaction. The drivers in the other vehicles were originally named as defendants but were dismissed by the court prior to trial. Plaintiff claimed he suffered soft tissue neck and back injuries. Defendant contended that plaintiff had no proof which driver was responsible for the accident. Defendant also disputed plaintiff’s injuries. A jury awarded plaintiff $22,500.
Location: Big Horn County, Wyoming
Case Name and Docket Number: Baessler v. Freier, S–10–0212
Type of Injury: Plaintiff 1-soft tissue neck, back and shoulder injuries; Plaintiff 2-soft tissue neck, back and leg injuries
Type of Accident: Rear-end
Award/Settlement Amount: $22,500
Case Summary: Plaintiff 1 was operating a motor vehicle with Plaintiff 2 as a passenger. They were traveling eastbound. Defendant, who was operating his own vehicle, rear-ended plaintiffs’ car. The impact pushed plaintiffs into the car ahead of them. Plaintiffs’ vehicle sustained significant property damage. Both plaintiffs alleged negligence on the part of the defendant, citing his failure to keep a proper lookout and traveling too fast for conditions in stop and go traffic. Plaintiff driver claimed soft tissue neck, back and shoulder injuries. Plaintiff passenger claimed soft tissue neck, back and leg injuries. Defendant admitted negligence. He also admitted he was traveling about 45 mph to 55 mph when he hit plaintiffs’ vehicle. However, he disputed plaintiffs’ damages. Jury awarded plaintiffs a total of $45,000.
Location: Weston County, Wyoming
Case Name and Docket Number: Shafer v. TNT Well Service, Inc., S–11–0258
Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $32,000
Case Summary: Plaintiff was driving his vehicle. He was struck in the rear by a van driven by Defendant. This was a moderate speed accident which occurred as plaintiff was approaching a yield sign. Plaintiff alleged that defendant failed to properly observe traffic and was driving too close behind him. Plaintiff claimed soft tissue neck and back injuries as a direct result of this accident. Defendant argued that plaintiff came to a sudden stop for no apparent reason before reaching the intersection. Defendant maintained that plaintiff contributed to and/or caused this accident. Defendant also disputed the nature and extent of plaintiff’s injury claims. The jury found for the plaintiff and awarded a $32,000 verdict.
Location: Laramie County, Wyoming
Case Name and Docket Number: Werner v. Brophy, S-08-0271, S-08-0272
Type of Injury: Back injury-aggravation of preexisting lumbar condition
Type of Accident: Rear-end
Award/Settlement Amount: $33,000
Case Summary: Plaintiff was driving her vehicle in a line of traffic when she was rear-ended by Defendant. The accident occurred when plaintiff stopped behind another driver who stopped suddenly. The force of the impact pushed plaintiff’s vehicle into the rear of the car ahead of her. Plaintiff claimed she suffered a serious aggravation of preexisting lumbar condition as a direct result of this accident. Defendant contended that he struck plaintiff after plaintiff had already struck the vehicle ahead of her. Defendant argued that he reacted appropriately to the traffic situation, but was unable to stop in time when plaintiff stopped suddenly in front of him. Defendant maintained that plaintiff had no objective evidence of injury and had preexisting spinal problems that were unrelated to this accident. Jury found for plaintiff, awarding her $33,000.
Location: Teton County, Wyoming
Case Name and Docket Number: Hincks v. Walton, 06-111
Type of Injury: Back injury-exacerbation of a preexisting low back condition
Type of Accident: Rear-end
Award/Settlement Amount: $37,690
Case Summary: Plaintiff was driving. She stopped at an intersection controlled by a traffic light. While stopped, her auto was struck in the rear by a vehicle driven by Defendant, who was driving a pickup truck. There was extensive damage to the front of defendant’s vehicle. Plaintiff alleged defendant was responsible for this accident and her injuries. She claimed she suffered exacerbation of a low back condition which required extensive treatment. She eventually recovered to her pre-accident status, but sought medicals, lost wages and damages for pain and suffering. Defendant admitted liability for causing the accident. However, he disputed the extent of injuries claimed by plaintiff. He argued that it was not possible to distinguish between pre- and post-accident complaints. The jury awarded plaintiff $37,690 after 1.5 hours of deliberation.
Location: Laramie County, Wyoming
Case Name and Docket Number: Smith v. Lewis, S–10–0267
Type of Injury: Soft tissue neck and back injuries; exacerbation of prior injuries in same areas
Type of Accident: Rear-end
Award/Settlement Amount: $40,000
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. Plaintiff slowed due to traffic and was rear-ended by defendant. Plaintiff claimed soft tissue neck and back injuries necessitating continuing chiropractic treatment. She argued that her prior back problems had resolved and the neck and back injuries from this accident caused exacerbation and re injury of prior areas. Plaintiff’s chiropractic expert testified that plaintiff’s continuing physical problems were due to this accident. Defendant admitted liability, but disputed that plaintiff’s continuing problems were related to the collision. Defendant’s chiropractic expert testified that plaintiff’s injuries from this accident should have resolved within six weeks, plaintiff had returned to her pre-accident status and all future treatment was related to her pre existing problems. Jury found for plaintiff and awarded her $40,000.
Location: Natrona County, Wyoming
Case Name and Docket Number: Miller v. Beyer, S-13-0204, S-13-0205
Type of Injury: Neck injury-herniated disc at C5-C7
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving her car. She slowed at an intersection and was subsequently rear-ended by a vehicle driven by Defendant. Plaintiff claimed she suffered chronic neck pain and was diagnosed with a herniated cervical discs. Plaintiff eventually underwent fusion surgery on her cervical spine at C5-C7. Plaintiff’s treating surgeon testified that plaintiff’s injuries were sustained in the auto accident. Defendant admitted liability for causing the accident, but contended that plaintiff’s condition was preexisting and was not related this collision. Defendant’s expert testified that plaintiff’s surgery was necessary only because of degenerative conditions in her spine. Case settled for $75,000.
Location: Uinta County, Wyoming
Case Name and Docket Number: McGuire v. Solis, 04–253
Type of Injury: Neck and upper back injuries; chronic pain syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $81,000
Case Summary: Plaintiff was rear-ended by Defendant, who failed to stop for a red light. The impact speed was 25 to 30 mph. Plaintiff reported to a Medical Center’s emergency room within three hours of the accident. She was treated and released for follow-up with her family physician. Plaintiff claimed she sustained permanent injuries as a result of defendant’s negligence. Plaintiff claimed she had a chronic neck problem that involved musculature in her neck and upper back with intermittent pain based on level of activity. Plaintiff’s treating physicians testified that plaintiff suffered from chronic pain syndrome as a result of this accident. Defendant contended that plaintiff was involved in a subsequent car crash and that the intervening accident was the cause of plaintiff’s continuing problems. A jury awarded plaintiff $81,000, including $70,616 for pain and suffering.
Location: Park County, Wyoming
Case Name and Docket Number: Wageman v. Harrell, S-20-0067
Serious accident victims often sustain more than one type of severe injury, such as traumatic brain injuries, complicated fractures, and disabling neck and back injuries. Severe injuries may prevent the victim from returning to their pre-accident employment and activities.
Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff stopped his vehicle for a red light. His automobile was rear-ended by a vehicle driven by Defendant. Following the accident, defendant was discovered to have a blood alcohol content of .18. She later pled guilty to driving while intoxicated. Plaintiff suffered soft tissue back injury necessitating emergency room treatment, orthopedic care, physical therapy and three epidural injections. As a result of his injury, plaintiff claimed he could no longer work as a carpenter and took a job as a security guard. Plaintiff claimed loss of income, loss of health benefits and loss of pension benefits in excess of $500,000. Defendant’s medical expert stated that plaintiff’s injury should have resolved within a few months without any job change. Parties however reached settlement of $100,000 policy limits.
Location: Laramie County, Wyoming
Case Name and Docket Number: Ryel v. Anderies, 99-52
Type of Injury: Neck, back and shoulder injuries; aggravation of pre existing neck condition
Type of Accident: Rear-end
Award/Settlement Amount: $128,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff stopped in traffic behind a car making a left turn and was rear-ended by defendant. The force of the collision pushed plaintiff’s car into the rear of the vehicle in front of her. Plaintiff claimed neck, back and shoulder injuries as a direct result of this accident. Plaintiff had previously undergone a two level cervical fusion four years before the collision. She argued this accident aggravated her pre existing cervical injury. Defendant contended that traffic ahead of him stopped unexpectedly. He also disputed causation and the extent of plaintiff’s injuries. However, a $128,000 settlement was reached in this dispute.
Location: Teton County, Wyoming
Case Name and Docket Number: Steven v. Potvin, S–10–0125
Type of Injury: Neck injury-herniated disc
Type of Accident: Rear-end
Award/Settlement Amount: $135,000
Case Summary: Plaintiff was driving his vehicle during morning rush hour traffic onto the entrance a ramp. He claimed he slowed for traffic ahead of him and was rear-ended by a vehicle driven by Defendant, who was traveling directly behind plaintiff. Plaintiff claimed he sustained serious neck injuries, resulting in the need for a laminectomy and fusion surgery. Defendant contended that this was a low speed accident for which he was not responsible. He argued that he was driving with reasonable care and caution, but was unable to stop in time to avoid this accident when plaintiff made a sudden stop in front of him. The jury returned a verdict for plaintiff in the amount of $135,000.
Location: Laramie County, Wyoming
Case Name and Docket Number: Serda v. Dennis, 04–50
Type of Injury: Soft tissue neck and back injuries; neck injury-four herniated cervical discs; chronic pain radiating into the shoulder and arms
Type of Accident: Rear-end
Award/Settlement Amount: $145,000
Case Summary: Plaintiff was operating her vehicle. She came to a stop to allow a truck to pull out of a construction site. Defendant, who was operating his own vehicle in the same direction as the plaintiff, rounded a curve and was unable to stop in time to avoid striking plaintiff’s car from the rear. Plaintiff was taken to the emergency room from the scene of the accident. Plaintiff alleged she sustained soft tissue injuries and four herniated cervical discs with chronic pain radiating into the shoulder and arms, as a direct result of this accident. Defendant disputed the extent of plaintiff’s injuries and contended that some or all of plaintiff’s injuries were pre existing. However, parties reached a $145,000 settlement prior to trial.
Location: Uinta County, Wyoming
Case Name and Docket Number: Bogdanski v. Budzik, S-17-0049, S-17-0050
Type of Injury: Neck injury-Herniated discs at C5-C6; Back injury-Herniated discs L3-L4, L4-L5 and L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $175,000
Case Summary: Plaintiff and Defendant were driving their respective autos on the same road and in the same direction. Plaintiff came to a stop or slowed in traffic when her car was struck from behind by defendant. Defendant admitted liability, but contested plaintiff’s personal injury claim. Plaintiff was diagnosed herniated discs at C5-C6, L3-L4, L4-L5 and L5-S1. The lumbar disc herniations were identified approximately one year later. Plaintiff alleged all four herniated discs were a direct result of the rear impact collision, supported by Expert testimony from an internist and an orthopedic surgeon. Defendant contended that plaintiff had been released from physical therapy for almost a full year prior to the diagnosis of the herniated lumbar discs and that plaintiff’s condition was the result of preexisting degenerative disc disease. Plaintiff was awarded $175,000.
Location: Laramie County, Wyoming
Case Name and Docket Number: Lovato v. Tim Case, S-22-0053
Type of Injury: Fractured pelvis, ribs, clavicle and elbows, extensive soft tissue injuries
Type of Accident: Rear-end
Award/Settlement Amount: $200,000
Case Summary: Plaintiff, who was operating his vehicle, came to a stop preparing to make a left turn and was rear-ended by defendant motorist. The force of the collision pushed plaintiff’s vehicle into oncoming traffic. Plaintiff’s truck was totaled when it was struck by an oncoming pickup truck. Defendant’s estimated speed at the time of impact was 40 mph. Defendant, who was 15 years old at the time of the accident, was unlicensed. Plaintiff sustained multiple fractures including pelvis, ribs, clavicle and elbows. He was wheelchair bound for several weeks. Defendant did not contest liability but disputed the nature and extent of plaintiff’s injuries and his claim for loss of earnings. The case was settled for Defendant’s policy limits of $200,000.
Location: Albany County, Wyoming
Case Name and Docket Number: Tucker v. Jewkes, S–10–0006
Type of Injury: Back injury-aggravation of a pre existing lumbar herniation
Type of Accident: Rear-end
Award/Settlement Amount: $408,000
Case Summary: Plaintiff was driving his vehicle. He stopped at an intersection controlled by a traffic light and was rear-ended by a vehicle driven by Defendant. Defendant admitted that she struck plaintiff’s vehicle, but argued that plaintiff was contributorily negligent. The court granted plaintiff’s motion to strike that argument and the case proceeded to the jury on causation and damages. Plaintiff alleged that he suffered aggravation of a pre existing lumbar herniation that resulted in the need for a multilevel fusion surgery. He argued that he was not a candidate for surgery until after the automobile accident. Defendant claimed this accident did not materially affect plaintiff’s lumbar condition and that his surgery was the result of plaintiff’s pre existing condition. Jury awarded a verdict of $408,000 in favor of plaintiff.
Location: Laramie County, Wyoming
Case Name and Docket Number: Daniels v. Carpenter, 01–224
Type of Injury: Low back injury-L5-S1 disc protrusion; right knee pain; radiating right leg pain
Type of Accident: Rear-end
Award/Settlement Amount: $650,000
Case Summary: Plaintiff was operating his car when he was rear-ended at about 20 mph by an auto driven by Defendant. Plaintiff presented to his primary care with complaints of right knee and low back pain. Within two weeks, plaintiff began to experience radiating right leg pain. Plaintiff was referred to a neurosurgeon. An MRI revealed an L5-S1 disc protrusion, for which plaintiff underwent a microdiscectomy and posterior lumbar interbody fusion, with installation of hardware and laminectomy. Plaintiff then underwent a physical therapy regimen and a weight loss program, but continued to experience low back pain. He was treated with epidural injections for the pain, but his treating physicians concluded he would need a spinal cord stimulator. Defendant admitted liability. The case settled for $650,000 two days before trial.
Location: Laramie County, Wyoming
Case Name and Docket Number: James v. Voigt, S–11–0158
Type of Injury: Back injuries-disc herniations at L1-L5, L5-S1, T10-T12 and T12-L1
Type of Accident: Rear-end
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was traveling in front of a tow truck owned by Defendant. Plaintiff stopped his vehicle for traffic just as defendant’s driver attempted a lane change. The tow truck struck the rear of plaintiff’s vehicle. Plaintiff had an extensive preexisting history of disabling back pain, but maintained that the motor vehicle collision caused new pain and injury requiring multiple surgeries to repair, including anterior lumbar fusions at L3-L4, L4-L5, L5-S1; anterior lumbar partial discectomy and fusion at L3-L4 and L4-L5; placement of an intervertebral prosthetic device at L5-S1; a posterior thoracic fusion at T10-T11, T11-T12 and T12-L1; lumbar fusion at L1-L2; and posterolateral lumbar fusion at L2-L3, L3-L4, L4-L5, L5-S1. Defendant admitted liability, but disputed the proximate cause of plaintiff’s lumbar condition. Plaintiff settled his claim with defendant for policy limits of $1,000,000 prior to trial.
Location: Teton County, Wyoming
Case Name and Docket Number: Killian v. Caza Drilling, Inc., 05–37
Type of Injury: Neck and back injuries; aggravation of preexisting low back condition, traumatic brain injury
Type of Accident: Rear-end
Award/Settlement Amount: $1,125,000
Case Summary: Plaintiff was operating her vehicle, and came to a stop. Defendant motorist struck the vehicle behind plaintiff, causing that car to hit the rear of plaintiff’s vehicle. Plaintiff sought emergency room treatment for neck and back injuries. Defendant did not dispute that he caused the accident and estimated his speed at 5 to 15 mph at the time of impact. Plaintiff claimed the impact was sufficient to cause a traumatic brain injury and aggravate her preexisting low back condition, resulting in the need for fusion surgery following the accident. She returned to work for several weeks, but was unable to perform her work duties because of her spinal injury. Defendant contended that this minor accident did not cause plaintiff’s brain injury. The parties settled for $1,250,000 prior to trial.
Location: Goshen County, Wyoming
Case Name and Docket Number: Reichert v. Phipps, 02–159
We analyzed a group of personal injury lawsuits filed in Wyoming courts by car accident victims. All the plaintiffs in our sample group received a payout from a court verdict or by settling their case before trial.
Plaintiffs in the group include injured drivers and passengers. In cases with more than one plaintiff, the Award amount reflects the highest payout made to a single individual.
Averages are calculated by adding the payouts for a group of cases, then dividing by the number of cases in the group. Million-dollar payouts are uncommon, and not included in the calculations to avoid artificially inflating the averages.
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