A local woman was sitting in the driver’s seat of her family Toyota Sequoia, stopped for a red light at an intersection near the University of Oregon campus. She was rear-ended by a Cadillac driven by an underinsured motorist. It was a modest speed impact, but she immediately started to experience headaches.
The headaches continued, and worsened. She developed problems with her memory. She experienced a loss of energy, became more fatigued, and eventually had regular exhaustion. She developed problems with weakness, dizziness, and loss of balance. She began to experience abnormal sensations in the skin, including numbness, tingling, prickling, and burning or cutting pain.
The insurance company for the negligent Cadillac driver settled, and then we asked our client’s own insurance company to pay the balance of her losses. Her family had paid for a $1,000,000 underinsured motorist insurance policy. The insurance company refused to pay anything for her losses, and refused to submit the matter to arbitration, instead forcing her into a jury trial. At trial, the insurance company asked the jury to give no benefits under the insurance policy. Instead, the jury returned a verdict in her favor, in the amount of $1,020,000.