My firm handles birth injury malpractice cases. We have cases all over the country. Cerebral palsy is one of the most serious types of injuries we see in these cases. If you are a birth injury lawyer and you do not get emotionally invested in cerebral palsy cases, you do not have a pulse. Even defense lawyers who would shoot a puppy to get some minuscule evidentiary advantage at trial, usually have great empathy for the child and the family even if we disagree about why the injury occurred.
Cerebral palsy is a permanent physical and often cognitive disability in which the brain cannot control parts of the body. Cerebral palsy is not a disease. It is a static injury to the brain that occurs during childbirth or pregnancy. It is a non-progressive motor impairment that does not get better or worse over time. (Although some children who are diagnosed with cerebral palsy have seen that diagnosis change before age 5.)
The first case I tried for Miller & Zois 18 years ago was a herniated disc injury. I remember it like it was yesterday. It was a car/light truck crash. We got a $300,000 verdict in a case with a $15,000 settlement offer. The defense lawyer thought it was a nuisance case because there was no visible property damage. The jury set him straight.
Since then, our lawyers have handled hundreds of disc injury accident claims for victims. If another plaintiffs’ law firm has handled more herniated disc injury lawsuits in Maryland, I’d like to know who that is. Our lawyers have spent a lot of time fine-tuning the science and the arguments to make at trial in these spinal injury cases.
I have always been particularly interested in verdict statistics in disc injury claims. Yesterday, I found some interesting data that looks at the median value of herniated disc injury claims based on the type of vehicle crash. The data provides two things: the median result and a probability range of verdict.
Of the two, I think the most interesting is the probability range. In this Jury Verdict Research Study, the probability range is defined as the middle 50 percent of all awards arranged in ascending order in a sampling, 25% above and 25% below the median. In other words, it provides the 25th percentile and the 75th percentile of verdicts. I believe that for plaintiffs with a good law firm who knows how to prepare and try a disc injury lawsuit, I think the 75th percentile is probably the median.
The first thing that really stands out is the gap in the range, which is particularly pronounced as you might expect in truck accident crashes. I’m also surprised at how relatively low the statistics are for intersection accidents.
They are all motor vehicle accidents. What surprises me is how much more the value of herniated disc injuries explodes when taken outside of the motor tort context. Look at these payouts by type of tort claim:
There are a variety of motivations that impact the victim’s decision to settle or go to trial.
The victim’s decision. It is worth underscoring: it is the victim’s decision. It is not a choice for the attorneys or the family. The victim has to choose the path that is best for them.
There are certainly some Maryland injury attorneys who do not see it that way. It really is tempting — I’ve felt it — to think you know what is best for your client. I’ve settled cases where I was convinced the offer would double in a matter of weeks. But as a lawyer, your job really is to give your client the information to make an informed choice.
Here are the three key factors victims need to consider: risk, time, and emotional strain.
Our lawyers are now investigating Zantac cancer lawsuits. The evidence is building that Zantac is causing many different types of cancer. As of February 2020, we now have a consolidated class action for all Zantac cases that are filed in federal court.
There is a widespread belief amount mass tort attorneys that these MDL class action claims could be worth billions of dollars. In fact, these lawsuits are likely to be consolidated into a class action later this month. This is great news, as I explain below, if you are a victim.
Zantac is a hugely popular drug that is used by millions of people in the U.S. to treat heartburn, acid reflux and similar conditions. In September 2019, the Food and Drug Administration (FDA) announcing that dangerously high levels of a human carcinogen called NDMA have been found in Zantac.
Our injury lawyers are handling duel-ended 3M combat arms earplug cases around the country. If you have a claim anywhere in the country, we will evaluate your case at no cost to you and tell you your legal options. You really want to get your defective product claim started today. And it is easy to do.
Our law firm has represented many wonderful people over the years. As a class, these are the best plaintiffs you could ever find. These are the people who put their lives on the line to protect us. Our lawyers think we owe them great thanks. We also think 3M owes them a great deal of money for the injuries they have suffered.
This page provides a March 2020 update to the CAEv2 3M Combat Arms earplug litigation that already has thousands of suits around the country. These MDL class action suits allege that our soldiers were falsely promised the Combat Arms earplugs would protect their ears from dangerous impulse noises. That is bad enough. But the lawsuits go further. They alleged that internal testing that revealed these promises were simply not true. Yet they buried this information that put the users’ ears at risk. As a result, too many of our active duty soldiers suffered significant hearing loss and tinnitus.
Jury Verdict Research published a new Maryland specific study on the median compensation awards for car, truck and motorcycle accidents.
In cases that go to trial, the median recovery was $11,328. Only in 1% of the cases did the jury award more than $500,000. Plaintiffs prevailed and received a recovery in 74% of the motor vehicle accident cases that went to trial in Maryland. I suspect a lot of that 26 % were just awful cases that never should have been filed.
I can’t say I’m a fan of any car insurance companies in Maryland. Some are worst than others. Here is my top 5 worst auto insurance companies to deal with list in personal injury cases.
GEICO has the largest market share in Maryland. We see GEICO regularly. So that familiarity breeds contempt.
Why They Are Awful:
GEICO makes the worst pre-suit offers of any of the big six insurance companies (State Farm, Allstate, Nationwide, USAA, Erie). So there’s that.
GEICO’s new generation of adjusters are increasingly condescending, laughing at demands and other histrionics that are very grating. You would never see the old school GEICO adjusters who are almost invariably professional and likable, even when I disagree with them (I’m Facebook friends with GEICO adjusters who I used to fight with in the old days.)
GEICO almost always put more money on a case when suit has been filed. By then, the claim is switched over to a litigation adjuster who is more likely to be a seasoned adjuster who can really value the case. So the original adjuster never has to put his or her tail between his legs and increase the offer they once thought was hysterical. Instead, these pre-suit adjusters are already on the phone telling another attorney or victim how silly their claim is. These neophyte adjusters are firmly ensconced in their bubble and are never forced to face reality. Continue reading
If you are considering bringing a wrongful death lawsuit, one question may have is what is the most you can sue for in a wrongful death case?
The better question is how much money can a jury award you. Because in a wrongful death case in Maryland, you no longer ask for a specific amount of money in the Complaint. Assuming the plaintiff’s lawyer understands Maryland law, the days of the Baltimore Sun publishing a story about a $100 million wrongful death lawsuit are over. Today, we do not sue for a specific amount, but we ask for what a judge or jury deems just.
A wrongful death claim is a statutory cause of action governed by the specific rules of Maryland law. It bears repeating that actions for wrongful death in Maryland must be commenced within three years of the death of the injured person. To date, the Maryland General Assembly has only enacted exceptions for deaths caused by occupational disease and criminal homicide.
Our law firm has successfully handled scores of serious knee injury cases. Most recently, we won a $5.2 million verdict in a knee injury case. We fight for our clients. Call 800-553-8082 or get a free online consultation.
According to a recent Jury Verdict Research study on knee injuries:
the average verdict in a severe knee injury case is $359,149
the median knee injury verdict is $114,299
8% of knee injury verdicts were over $1,000,000.
How do you define severe? JVR defines it as knee dislocation, fractures, replacements, and aggravation of a preexisting knee injury. I certainly understand the first three categories; aggravation of a preexisting knee injury more subjective and a little harder to define — and brings the average verdict lower.
Half of these cases are car accident lawsuits, and the other half includes every personal injury case under the sun. In Maryland, I’ll bet it is probably approaching 75% of the cases because we have fewer premises liability cases because of contributory negligence. It is the most frequent injury in premises liability cases, most from slip and falls. So it is hard to extract much meaning from this average serious knee injury verdict. But there are a lot of numbers in the report that breaks it down a little further.
JVR does not provide the average accident knee injury verdict in motor vehicle collision cases. I wish they did because the average verdict always gets you more pumped up. But the median is probably more illustrative. The median knee injury verdict in a car accident case is $94,406. More interesting is the middle 50% – the 25th to the 75th percentile – ranges from $26,255-$216,726. Obviously, that is a big range, and I would suggest that bottom quartile is not severe injury cases.
The last knee injury case we took to trial led to a $5.2 million verdict. That was a severe injury case where the client required a below-the-knee amputation.
Here are some more knee injury verdict statistics of interest, at least, to me:
Intersection collision accidents have a median of $70,748. The middle 50% range is $28,250-$237,500
Pedestrian accidents have a median of $150,000. The middle 50% range is $80,071-$240,000
Turning collision car accidents have a median of $90,203. The middle 50% range is $34,750-$192,038
Motorcycle accident knee injuries involve, as you would expect, more serious injuries. The median verdict is $191,884. The middle 50% range is $83,300-$287,500. Keep in mind, this is a survey of plaintiffs’ verdicts. The hard part in motorcycle accident cases is getting the verdict in the first place. It is amazing how many motorcycle accident lawsuits involve contested liability. Motorcycle cases get fought like World War III on liability in cases where the defendant’s lawyer would stipulate to liability under the same facts if the plaintiff were driving a car. It never ceases to amaze me. But I’ll admit there is a method to the madness: juries don’t like motorcyclists. Is this unfair? Of course it is. Can good counsel overcome it? Often, yes.
Rear end accident knee injuries have a median verdict of woeful $9,095. The middle 50% range is $1,624-$41,098. These statistics make sense. There are just not a lot of knee injuries in rear-end accidents. So many of the claims are those with preexisting injuries, which are the toughest cases to bring. There are not a lot of serious “knee injuries only” in rear-end car accidents. If you hurt your knee badly in the accident, chances are you have a more serious injury than just your knee.
Keep in mind that all of these stats are third-party insurance claims. Workers comp cases have an entirely different — and lower — formula to calculate the value of knee injury cases at work.
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Hiring a lawyer to fight for you
If you have a knee injury claim in Maryland or Washington, D.C., call us today at 800-553-8082 so we can discuss your options. You can also fill out this free claim evaluation form, and we can talk about your case online. We have recovered millions for our client in knee injury cases, and we may be able to help you.