Miami-Dade County Jury Rejects Permanent Injury Claim and Awards No Future Medical Damages

CSK Defense Team
Miami Partner Samuel Basch
Miami Associate Isabella Maury

Case Summary
This case arose from an at-fault automobile accident in which Plaintiff’s counsel sought a verdict in excess of the applicable insurance policy limits in what was considered a “rejected tender” case. The primary dispute at trial centered on the nature and extent of the Plaintiff’s claimed injuries and resulting damages.

Following the collision, the Plaintiff underwent medical treatment and claimed to have sustained a permanent injury requiring future care. The Plaintiff sought more than $287,000 in past and future medical expenses, in addition to damages for pain and suffering. Before trial, the Defendant tendered the available insurance policy limits, which the Plaintiff rejected, and the case proceeded to trial on damages.

Defense Strategy
The CSK Defense Team challenged whether the medical evidence supported the injuries and treatment claimed by the Plaintiff. The Team focused on the course and timing of the Plaintiff’s treatment, including the decision to begin chiropractic care before diagnostic imaging was obtained.

CSK’s medical expert acknowledged that some of the treatment was reasonable but maintained that it was not medically necessary given the timeline and course of treatment. The Team used this distinction to challenge the claimed medical expenses and highlight the litigious nature of the treating facility.

Outcome
After approximately two hours of deliberation, the jury found that the Plaintiff did not sustain a permanent injury related to the accident and awarded no future medical damages. The medical expense award represented approximately 0.5% of the more than $287,000 sought by the Plaintiff.

The verdict underscores the importance of closely examining medical evidence, treatment history, and the claimed need for future care when evaluating injury and damages claims.