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. 

Value of Ear Injury Auto Accident Lawsuits

By Ronald V. Miller, Jr on May 27, 2009 9:18 AM | No Comments
John Bratt's Baltimore Accident Lawyer Blog has a post discussing the value of ear accident cases and an auto accident case in Prince George's County.  

The majority of auto accident cases our lawyers handle in Maryland are cases where the liability is clear.  The battlefield is typically not whether there is value to an auto accident case (although that is in dispute certainly in some cases).  The question is how much is the accident claim worth?   The real value - the true value - is what the amount a judge or jury would place on the case.  So for a jury trial, the true expert in a sense is how much your neighbor would put on the case (if he/she did not know you, of course).  On one of our Maryland accident websites, we have a page that discusses the settlement value of auto accident claims.  If you are looking for the exact value of your claim on this page, you are invariably going to come up short.  Still, I think it provides a great deal of useful information to understanding the range of value of your case.  At the bottom of the page, it also provides some statistical data in Maryland and nationally on specific types of injuries.  Again, you have to be careful about putting too much reliance on this kind of data.  The value of auto accident claims vary widely even for the same injury because there are so many factors at play.  On of the jobs of a qualified Maryland car accident lawyer is to go through these variables to come up with the fair settlement range for your case - and then try to get you more. 

Auto Accident Verdict in Faulty Transmission Case

By Ronald V. Miller, Jr on May 1, 2009 10:41 AM | No Comments
A Georgia woman who filed a product liability lawsuit alleging an auto accident as the result of a a transmission defect in her Ford Explorer led to her paralysis was awarded $40 million in damages by a Georgia jury. The award includes $30 million in punitive damages, $9 million in compensatory damages to her and $1 million to her husband.

Under Maryland accident law, there would be no punitive damages in this case because punitive damages are not available in auto accident or other personal injury cases unless there is actual malice. To find actual malice, there must be "actual malice is "evil motive, intent to injure, ill will or fraud." Setting the bar even higher for Maryland auto accident lawyers bring unitive damages claims, a lawsuit alleging actual malice increases the burden of proof to "clear and convincing evidence" instead of the usual preponderance of the evidence.  Tough standard.  Arguably, the standard should be different in drunk driving cases.  

In my opinion, punitive damages are necessary in Maryland in cases like this one when the jury finds the corporation showed no regard for the safety of the consumer and to discourage drunk driving.  I think it would safe lives in Maryland. But this is a settled issue in Maryland: there are no punitive damages in car accident cases except in unique cases (road rage is the perfect example).

You can find the Atlanta Journal-Constitution article on this accident case here.
One thing to keep in mind in road rage cases in Maryland: although the other party's insurance company will deny liability, there is likely uninsured motorist coverage to pay for any injuries and - potentially - punitive damages that would have been awarded against the other driver. 

Related Posts

Bay Bridge Accident Lawsuit

By Ronald V. Miller, Jr on April 27, 2009 9:16 PM | No Comments
The victims and families of the victims in a car accident on the Bay Bridge have filed a lawsuit against the the state of Maryland and several other drivers. The lawsuit alleges the Maryland Transit Administration was negligent because it knew that similar accidents had happened before on the Bay Bridge but failed to address the safety risks.

Under Maryland law, this claim is capped at $200,000 per person.  Think about that: if the state of Maryland kills someone, their obligation is $200,000.  It is an old and outdated law and the Maryland Tort Claims Act should be changed. 

You can read the Baltimore Sun article here.

Settlement with State Farm: How to Get Best Settlement Offer

By Ronald V. Miller, Jr on April 27, 2009 12:04 PM | No Comments
Settling cases with State Farm in Maryland is difficult because State Farm is certain reticent to offer fair value in Maryland auto accident cases.  The lawyers at Miller & Zois offer advice on the nuances of trying to settle a car accident claim with State Farm.  

Related Links

What is the Value of My Maryland Accident Case? (information on how the value of
accident claims is determined by State Farm and other car insurance companies)

Drafting a Demand Letter (sample demand letter to settle car accident claim in Baltimore, Maryland)

MAIF Lawsuits: Dealing with the Maryland Automobile Insurance Fund

By Ronald V. Miller, Jr on April 17, 2009 11:55 AM | No Comments

As virtually everyone Maryland auto accident lawyer will tell you, it is almost invariably impossible to settle a case with the Maryland Automobile Insurance Fund for fair value.  MAIF claims adjusters simply do not offer fair value on cases before a lawsuit is filed.

While MAIF is Maryland's eighth-largest auto insurance carrier, with 3.1% of the market share, it carries insurance for some of the worst drivers in Maryland.  Accordingly, MAIF drivers are at-fault in a large number of accidents.

If you have a MAIF insurance claim, call 800-553-8082 or click here for a free consultation with a lawyer to review your MAIF accident claim.

Can Lawyers Charge a Contingency Fee for Recovery of PIP?

By Ronald V. Miller, Jr on April 15, 2009 11:04 AM | No Comments

There is confusion among Maryland auto accident lawyers as to whether it is permissible for accident lawyers in Maryland to charge a contingent fee for collecting a claim against his client's own auto insurance carrier under the Personal Injury Protection ("PIP") coverage when the accident lawyer has been engaged to a contingent fee basis to handle the client's accident claim.  

In spite of the confusion, the answer is clear.  Contingent fees are permissible only when they are reasonable under all the circumstances, including such relevant factors as the "risk and uncertainty,"  according to the Maryland State Bar Association Committee on Ethics.

I agree with the outcome but disagree with the logic.  As any lawyer in Florida whether the collection of no-fault insurance is a slam dunk.  There is risk and uncertainty as to whether PIP is recoverable.  

But our approach and our auto accident lawyers think is the better approach, is not charging a fee for PIP of any kind. The Committee on Ethics says accident attorneys handling personal injury matters may charge for PIP on an hourly basis.  But smart auto accident lawyers in Maryland do not nickel and dime their clients by charging them to handle their PIP claim.   

Miller & Zois does not charge clients any fee or expense for process their PIP claim.  We do it free of charge as a service to our clients.

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