JZ helps (a Florida injury law firm)

Call Now! (888) 594-3577Get a Free Consultation - 24 / 7
Se habla Español
Call Now! (888) 594-3577
Get a Free Consultation - 24 / 7
Se habla Español


  • Home
  • Videos
  • Blog
  • Settlements
    • Injury Settlements
    • Car Accident Settlements
    • Slip, Trip & Fall Settlements
    • GEICO Car Accident Settlements
    • Rear End Car Accident Settlements
    • Motorcycle Accidents Settlements
    • Truck Accident Settlements
    • State Farm Settlements
    • Uber Accidents
    • Progressive Insurance Settlements
    • Bike Accident Settlements
    • Pedestrian Hit By Car Settlements
    • Uninsured Motorist Insurance Settlements
  • About Us
    • About Us
    • See Inside
    • Types of Injuries We’ve Dealt With
    • List of Cities Where We’ve Settled Cases
    • Press Room
  • Fees
    • Our Fees
    • Referral Fees
  • Cases We Handle
    • All personal injury cases
    • Car Accidents
    • Truck Accidents
    • Uber Accidents
    • Slip and Falls and Injuries on Property
    • Cruise Accidents
    • Florida Motorcycle Accidents
    • Pedestrian Accidents
    • Accidents at a Store
    • DUI Accidents
    • Accidental or Wrongful Death
    • Florida Condo and Apartment Accidents
    • Hotel Accidents
  • Get a Free Case Review
  • Reviews
You are here: Home / Auto Accident Claims / $300,000 Verdict for Lower Back Surgery From Walgreens Truck Accident

May 27, 2013 By Justin Ziegler, Lawyer Leave a Comment

$300,000 Verdict for Lower Back Surgery From Walgreens Truck Accident

Walgreens Accident Settlement Truck Crash Herniated Disc Surgery

Updated: 10/19/15

Actual case (Not my case): $300,000 verdict for pain and suffering component alone for a 46-year-old woman who had surgery to her lower back.  A Walgreen’s tractor trailer truck hit her in Palm Beach County, Florida. She claimed a herniated disc and an annular tear after she was hit (t-boned) by a Walgreen’s truck.

$150,000 was awarded for past pain and suffering, and $150,000 was awarded for future pain and suffering.  A Walgreen’s employee was driving a tractor-trailer (18 wheeler truck) and he tried to make a right hand turn as seen in the diagram that I created.

The woman claimed that she had a green light and the Walgreens truck hit the side of her car. She said that the Walgreen’s truck ran a red light. The Walgreen’s truck driver said that he was making a turn on a green light.

She had a herniated disc in her lower back (L5-S1) and an annular tear at L4-L5. She had surgery (laser discectomy) on both of these levels. Walgreens argued that the woman had the herniated disc and annular tear before the accident.

The woman was found to have 50% comparative fault (at fault).  Walgreens was 50% at fault. The verdict was in 2004. The case is Anderson v. Walgreen Co.

My thoughts: The woman was awarded $150,000 for her pain and suffering from the time of the accident through trial (which was 1 ½ years later). I assume that the woman was expected to live another 30 years or so.

If this is the case, then she was awarded $5,000 per year for future pain and suffering for the rest of her life.

The woman was found to be 50% at fault, so the amount of pain and suffering that she will get will be ½ of the total damages (medical bills, lost wages and pain and suffering) awarded. That means that she will get ½ of $300,000, which is $150,000.

If the jury found that Walgreen’s negligence caused the accident, and Walgreens was 30% at fault, then she would have been able to get 30% of her economic damages (that weren’t paid by PIP) and 30% of her non-economic damages (e.g. pain, suffering, etc.).

In Florida, even if the woman was 51% at fault, she could still get 49% of her total damages. Some other states do not let you get any money if you are more than 50% at fault in an accident.

Walgreens argued that the woman had the herniated disc and annular tear before the accident. This is a very common argument that Walgreens may make when you have a back injury such as a herniated disc or annular tear and you are in your 30’s or older.

This is because many people who are in their 30’s or older may have a herniated disc even if they do not know it.

Walgreens will generally hire an orthopedic doctor or neurologist who will state that your herniated disc was a pre-existing injury (existed before the accident).

Tip:  It is important to know how to find a florida orthopedic doctor for your injury case.  The same is true when looking for a Florida neurologist.

You want someone who will go to bat for you.  You can be sure that Walgreens (or any defendant) will choose an orthopedic doctor who will give favorable testimony (within ethical bounds) for Walgreens.

If you are in your teens or twenties, Walgreen’s will have a much more difficult time arguing that your herniated disc pre-existed the accident.

Even if you had your back injury before the accident, you may still get damages (pain and suffering, medical bills and lost wages) against Walgreens if your injury was worsened (aggravated) from the accident.

I am not sure whether Walgreens argued that the woman’s injuries were not permanent. If Walgreens argued that the woman’s injuries were not permanent and the jury believed Walgreens, then the woman would not have been entitled to money for pain and suffering.

This is because in most, but not all, cases if you’re hit by a truck while your in a car in Florida, you are not entitled to get non-economic damages (e.g. pain, suffering, etc.) if you cannot prove that your injury is permanent.

So if her injury was not permanent, she would not have received any money for non-economic damages.  Believe it or not, some juries have found that back surgery is not a permanent injury is some cases.

But if a truck hits you while you’re in a car in Florida, even if you don’t have a permanent injury, you can still get economic damages (e.g. medical bills [past and future] and lost wages [past and future], etc.).  You would also be entitled to economic damages if you were in a truck, on a bicycle or walking as a pedestrian.

In the case above, if the woman was covered by Florida PIP auto insurance at the time of the accident, PIP would have paid benefits. You can learn more about how to get your medical bills paid if you are in a car accident in Florida.

Learn about Walgreens slip and fall injury claims in Florida.

You can check out some settlements for herniated discs in Florida accident claims.

Call Me Now!

Call me now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year. 

No Fees or Costs if I Do Not Get You Money

No Fees or Costs if We don't get you money.

We speak Spanish. I invite you to learn more about us.

Related

Filed Under: Auto Accident Claims, Herniated Disc Claims, Truck Accident Claims

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Serving Florida

Get a Free Consultation. JZ helps (a Florida injury law firm)

Get a Free Consult Now

Complete this form to see if I can represent you. We usually respond fast.

"*" indicates required fields

Name*
MM slash DD slash YYYY
We only represent people for injury or death that happened in Florida (or on a cruise). However, if you live in Florida and the incident happened in another state, we may be able to represent you.
If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you.
Select your most serious injury.
For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc.
Drop files here or
Max. file size: 50 MB.
    By submitting this form I agree to the Terms of Use.

    We’re Open!

    No Fees or Costs if No Recovery

    Florida Injury Lawyer

    Personal injury lawyer Justin "JZ" Ziegler has recovered over $15 Million in settlements for people seriously hurt in accidents in Florida (or on a cruise).

    We want to represent you. Our office is in Coral Gables (Miami-Dade County), Florida. However, we can meet you anywhere in Florida. Call (888) 594-3577 for a Free Consultation Now!

    Search

    Florida Injury Case Types

    • Auto Accident Claims
    • Cruise Accident Claims
    • Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP)
    • Foot and Ankle Injury Claims
    • Hand & Wrist Injury Claims
    • Herniated Disc Claims
    • Lyft accidents
    • Personal Injury
    • Premises Liability
    • Shoulder Injury Claims
    • Slip, Trip and Fall
    • Spinal Injuries
    • Truck Accident Claims
    • Uber Accidents
    • Uninsured Motorist Claims
    • Wrongful Death Claims

    Connect With Us

    • Facebook
    • YouTube

    2010

    Super Lawyers

    2005 & 2006 Up & Coming 

    Interviewed by:

    WSVN 7 Miami

    Miami Herald

    NBC6

    CNNwall street journalQuoted in:
    Miami New TimesTBO - Tampa Tribune

    Telegraph

    Member of:Florida Justice Association

    Florida Justice Association, and Florida Bar

    Subscribe to Blog via Email

    Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    We Handle:

    Car accidents, slip and falls, motorcycle accidents, Uber accidents and more.

    We’ve settled many cases with GEICO, State Farm, Progressive, USAA and others.

    We’ve settled cases for people who’ve injured their shoulder, hand, broken a leg, arm, foot and much more.

    Disclaimers

    Follow Us

    • Facebook
    • YouTube

    Attorney Justin “JZ” Ziegler

    Get a Free Consultation Now!

    We’ve had over $16 million in injury settlements for accidents in Miami, Homestead, Hialeah and throughout Florida.

    We’ve settled many personal injury claims in Miami.  However, we’ve also settled cases throughout the entire state of Florida.  This includes several settlements for over $195,000 for accidents that happened in Fort Lauderdale, the Orlando area, Clearwater, Pensacola and other cities.

    Contact Us

    JZ helps (a Florida injury law firm)
    1450 Madruga Ave., Suite 306B
    Coral Gables, Florida 33146

    Our office is near the University of Miami.  Serving all of Florida.

    1-888-JZ-Helps (1-888-594-3577) or 305-661-9977

    24 hours / 7 days a week

    En Español

    We’re also proud of our results in other parts of the state (as well as the Miami area).  Therefore, I call myself a Miami injury lawyer who serves all of Florida.

    Copyright © 2023 · JZ helps (a Florida injury law firm)