When a “Small” Case Isn’t Small at All

Not every case we try makes headlines, but to our clients, the outcome can be life-changing. One recent rear-end crash in St. Louis County proves just that.

The defense tried to argue that my client “appeared out of nowhere” or must have stopped suddenly. But even their driver admitted she wasn’t paying attention. The evidence didn’t help them either—her phone records showed video messages coming in about 20 minutes before the crash. Liability was admitted at trial, but not before they tried to blame my client.

My client is a 61-year-old single mom of three grown kids. She bought her home nearly 30 years ago and earned both a BA and MA while working. She’s tough, independent, and was a compelling witness. Her brother and boyfriend testified, too, about how the wreck changed her life—physically and mentally.

She suffered a concussion, soft-tissue injuries to her neck, back, and shoulder, and went through an ambulance ride, ER visit, follow-ups with her doctor, and about 16 physical therapy sessions. Her bills totaled around $18,000. The defense tried to minimize her pain because she didn’t want surgery. Her doctor, however, confirmed the injuries could be permanent.

At mediation, we offered to settle for $28,000. The insurance adjuster dug in at $20,000 and even called me later to see if I’d changed my mind. I told her I had—that’s why I deposed the treating doctor for trial. When she said she didn’t see how the case could be worth more than $20,000, I let her know that twelve jurors would decide which one of us was right. I was looking forward to it.

The defense attorney was professional and personable, which always tests my ability to keep my snark in check. He suggested $10–20,000 to the jury. I asked for $45,000.

The jury came back with $50,000. That’s the first time I can remember a jury awarding more than I requested.

The trial had its share of drama. The defendant’s husband muttered out loud during testimony, even shouting at one point, until the judge finally removed him from the courtroom. The jury, a conservative but diverse St. Louis County panel, stayed focused on the evidence.

The judge was fantastic and presided fairly and efficiently, making the process easier for everyone involved. For the first time in my career, she even allowed jurors to submit questions, though none were asked.

We didn’t submit the medical bills into evidence, which baffled the defense. Instead, I reminded the jury that medical treatment costs both time and money—and that my client had already paid dearly.

This case was a reminder of three things:

  1. Insurance companies often give their adjusters too much control, and too little to their lawyers.
  2. A jury of everyday people is still the great equalizer.
  3. The most powerful thing in the courtroom is always a credible, likable client.

For my client, it wasn’t a “small” case at all. It was justice.