Carbon v. Allstate Ins. Co.

Summary

Carbon v. Allstate Ins. Co., 701 So.2d 462 (1st Circuit) , LA ,   1997,   Report Type: N/A

Appellate Panel :

N/A

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

N/A

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

attorney fees

Tissue :

N/A

Did Plaintiff Have Surgery? :

n/a

Treatment Length :

N/A

Pre-existing Conditions :

N/A

Award change on appeal:

increased

Damages

General Damages :

$445,000

Past Medicals :

$282,927

Future Medicals :

$750,000

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$202,500

Total :

$1,680,427

Case Details

Suit Reason :

Woman involved in a car accident sustained personal injuries.

Award Reason :

Jury awarded $445,000 in general damages, $750,000 in permanent disability and future medical expenses, $200,000 in loss of earnings and earning capacity and $282,927 in past medical expenses. The jury note the insurance company was arbitrary and capricious in failing to make reasonable and timely offers to the plaintiff after receiving proof of loss. Appellate court agreed with all awards and awarded an additional $2,500 in attorney’s fees after considering the complexity and circumstances.