June 2009 Archives

Rotator Cuff Settlements and Verdicts

By Ronald V. Miller, Jr on June 18, 2009 1:34 PM | No Comments
As we have written before, many rotator cuff car accident cases - particularly surgery cases - are appealing in front of juries and have good settlement value. But jury trials are crap shoots even in good venues.  This is an article/post in a New York case where the defendant offered $65,000 and the case went to trial and the jury awarded $5,000 in pain and suffering.  The appellate court did what a Maryland court would not do - raised the pain and suffering award to $50,000.  

The article indicates that the average rotator cuff case in New York falls into the $150,000 to $300,000 range.  I have written elsewhere on rotator cuff settlement values nationally and rotator cuff settlements in Maryland. 

Average Neck and Back Injury Settlement Data

By Ronald V. Miller, Jr on June 18, 2009 12:04 PM | No Comments

This from the Georgia Personal Injury Report that I found yesterday in my research on average back injury settlements. 

"Just received this month's Georgia Trial Reporter.  This is a monthly report that publishes settlement and jury verdicts from around Georgia.  It is what attorneys use to research the value of your case.  Your attorney, if they have a subscription to the report, can go online and query for facts similar to yours to figure out how much your case is worth.

This month's publication reports the average value (settlement & verdicts) of a case involving a lumbar (i.e. lower back) disc injury with surgery is $115,000.  The average value of a cervical (neck) disc injury with surgery is $125,000.  Keep in mind these are only averages.  Most of the cases we see that involve back surgery usually also involve a herniated disc that is pushing on a nerve.  So why the $10,000 difference in the two types of injuries?  First, a ten thousand dollar difference represents less than a 10% gap.  If I had to guess what is behind the numbers I would have to say that many people (i.e. jurors) suffer from lower back pain so they tend to diminish the value of such a problem because they have all felt the pain themselves.  Versus most of us instinctively protect our necks which would lead jurors to take such an injury more seriously, not that every spinal injury is not serious."

Again, this is Georgia, not Maryland or any other jurisdiction where the value of neck and back injury cases may differ.   But certainly it is interesting data.

Back Injury Settlements

By Ronald V. Miller, Jr on June 17, 2009 9:40 AM | No Comments
The Accident and Injury Lawyer Blog has a post on some interesting data on median back injury verdicts. Missouri Lawyers Weekly ("MLW") verdicts and settlements database found that the median plaintiff's verdict award for motor vehicle cases that involved back injuries is $212,500. For all car, truck and motorcycle accident injury cases in MLW's database that earned a plaintiff's verdict, the median award is $300,000. These are median numbers; the average back injury settlement/verdict is almost invariably higher than the median.

What do these numbers say to Maryland back injury from a car accident victims? Not much. But it is still interesting data.

If you have suffered a serious back injury in a Maryland auto accident, call one of our Maryland car accident lawyers at 800-553-8082 or click here for a free consultation.

Maryland Seat Belt Law

By Ronald V. Miller, Jr on June 1, 2009 1:16 PM | No Comments
Kansas.com links to a post from Lawrence Journal-World about Kansas' seat belt law. Drivers who are not wearing seat belts can get a ticket only if they are involved in a auto accident pulled over for some other reason.

Maryland's seat belt law does allow for primary enforcement.  Maryland police can give a ticket solely for failing to wear a seat belt (it did not start out that way).  But the fine is only $25.  Another good law that needs a little more teeth.

Two other notes of interest about Maryland seat belt law.  First, Maryland auto accident lawyers should know that it is not contributory negligence to not wear your seat belt even though it is a misdemeanor crime.  Second, which is purely an interesting, historical vehicles are exempt for seat belt laws.  So if you are going old school, feel free to take your life in your own (or the driver across the double yellow lines) hands. 
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