Articles Posted in Personal Injury Verdicts

Our lawyers have handled scores of lawsuits where the primary injury was head injuries and headaches.  This page is about projecting settlement amounts and jury payouts in head injury and headache lawsuits

Mostly Subjective Injuries

I don’t get many headaches, a blessing I attribute to good hydration and genetic good fortune.  I’ve never had a traumatic head injury and have only had two concussions.  On the rare occasion that I do get headaches, they are debilitating. It is hard to enjoy life when you have anything north of a mild headache.

Our law firm has handled a lot of vertebrae fractures in car, motorcycle, and truck accident cases over the last 20 years.  A vertebrae fracture can be a serious, significant, and permanent injury to the musculoskeletal system. You wouldn’t wish this fracture on anyone.

What is the Settlement Value of a Vertebrae Fracture Case?

One study found that the national median award at trial in personal injury cases for a vertebra fracture is $112,537.  The median award for multiple vertebrae fractures is almost double the single vertebra amount, $207,000.

vertebrae fracture cases
This is far lower than our law firm’s average settlement in vertebrae fracture cases. Why? There could be some jurisdictional differences. Because this is not Maryland data, but national data. The pool for these statistics may also include hairline fractures. When I’m talking vertebrae fracture claims, I’m not talking about hairline fractures.

I think I have a good handle on the settlement value of ankle fracture cases.  My law firm has handled many foot and ankle injury cases over the years.  My first foot and ankle case was 17 years ago when I sued the New England Patriots and their team doctors that ultimately settled. I probably met with a half dozen of the best foot and ankle surgeons in the country in connection with that case.

Since then, Miller & Zois has handled scores of foot and ankle injury cases and procured millions of dollars for our clients in these cases. My last ankle injury verdict was in Prince George’s County was the 6th biggest verdict that year, according to Washingtonian Magazine.  (Here is a video providing the story of that case.)   

I’m not trying to brag. My point is we know the science of these cases. We know how to maximize the settlement and trial value of these claims.

What Is the Average Compensation for an Average Ankle Injury Settlement?

What kind of success are other lawyers having in fracture ankle cases? Apparently, they are having very little success. The median settlement values for ankle fracture injuries are:

District of Columbia $66,000
Virginia $21,700
Maryland $88,000
Our law firm has successfully handled scores of foot and ankle serious injury accident cases. If you want someone to fight for you, lawyers that know these cases, call 800-553-8082 or get a free Internet consultation.

It is amazing how low these are.  These are from a few years ago. But I think the number has not changed in 2021.  Sure, some ankle fractures can be treated with conservative care if the fracture displacement is two millimeters or fewer or if there is no talar shift.  But I can’t imagine getting less than six figures in the vast majority of these cases.  I don’t know how much insurance policy limits came into play in these cases. 

Either way, these compensation payout numbers are just way too low. The loss of enjoyment of life and emotional distress from these injuries are often extreme even before we talk about how painful they are. One problem is not distinguishing between a good result and a good outcome for the patient.  

A good result for an orthopedic surgeon is a good-looking x-ray.  The fracture is healed, mobility is good and the ankle joint is where it’s supposed to be. But you can have a good x-ray and still have a permanent injury, particularly when there is hardware is keeping the broken ankle together. 

How Much Should I Settle for a Broken Ankle with Surgery?

I know I wrote the question. But I hate the question. There are so many variables – that I lay out below – that drive settlement compensation payouts. There is no way to put a settlement amount on a case with such a vague description.

Value of ankle injuries

Two Take-Homes from These Ankle Settlement Statistics

Two more points of interest in this data. First, don’t get a broken ankle fracture in Virginia. It is amazing to me how low these Virginia verdicts are. I have to think this data is screwed up in some way.

Second, it is interesting that Maryland ankle fracture verdicts are 33% higher than Washington, D.C. verdicts, given that the Maryland median was much less than Washington, D.C. for both fractured shoulder and rotator cuff verdicts. ankle fracture valueThe Federal Tort Claims Act News wrote an article about how Jury Verdict Research Case Evaluation Software was predicting the value of claims in a particular slip and fall case with an ankle fracture. In this case, the jury predicted a probable verdict of $117,600 with only a 33% chance of success on liability (maybe a tough slip and fall case on liability).  

I just struggle to see how a case with a good fracture could be valued so low. As a point of comparison, it provided the following JVR nationwide analysis of ankle injuries:

Award Median $91,925
Probability Range $40,000 – $248,223
Award Range $1 – $5,250,804

  One more point: median settlement values are the midpoint of the data, not the average. So included in the math are many awful cases that probably never should have been filed in the first place. So why not just quote the average? Well, the high range of these ankle verdicts is $5,250,804. That also distorts the statistics. The take-home message: settlement and verdict statistics are invariably misleading.

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What is the settlement value of a personal injury claim where you have lost your vision in either one eye or both?

Metro Verdicts Monthly has a graph that reflects the median verdicts and settlements when the injury victim loses vision in one eye in Washington, D.C., Maryland, and Virginia. [

sc_fs_faq html=”true” headline=”h2″ img=”” question=”What Is the Average Settlement Compensation for Loss of Sight in One Eye?” img_alt=”” css_class=””] The median for compensation for losing vision in one eye in Maryland is $231,000. You could drive a truck through the gap between Washington, D.C., and Virginia’s median settlements and verdicts with loss of vision in one eye cases: Washington, D.C.’s median is $162,500; Virginia’s is $320,000. [/sc_fs_faq] These numbers are a bit misleading.   I think because most loss of vision cases are product liability cases. Many product liability cases have questionable liability which decreases the average and median eye injury settlement amounts. If liability is not an issue, the compensation ayouts in loss of sight in one eye cases are much higher. eye loss verdicts

What Kind of Money Can I Expect for an Eye Injury at Work?

Workers’ compensation laws work differently than claims against other third parties. So if the claim is against your employer, a different set of laws apply. You can typically expect less in an eye injury settlement in a workers’ comp case against your employer than you would for the same injury when there was a third party responsible.

Our lawyers have handled scores of car accident and product liability cases where the injury is an amputation or serious injury to the victim’s toe or toes.

This page is about the settlement compensation payouts in toe injury and amputation cases and the issues that are presented in these injury claims.  This page was last updated on August 18, 2021.

How much is a toe worth?

A recent Jury Verdict Research analysis of jury verdicts found that the overall median award for the amputation of one toe is $119,008. The median award for foot nerve damage or tarsal tunnel syndrome accident cases was $143,265. Underscoring the difficulties of the healing process in the complex structures that are our feet, the median award for foot injuries is $98,583.

The average premises liability verdict is $643,099, according to Jury Verdict Research’s review of premises lawsuits around the country. premise liability casesThe median verdict in these cases is $98,160. Claims against recreational facilities were higher. The average verdict is $1,007,704 and the median verdict is $125,000. JVR defines these cases as a lawsuit that is brought against an individual, business, landlord, or organization responsible for the maintenance and safety of a property or structure.

Average v. Median Verdicts

When possible, I try to include the average and median data. Average verdict data includes large, often uncollectable verdicts that distort the reality. While both the silly case that never should have been filed and the $58,000,000 verdict don’t really apply to the valuation of your case, the former distorts the result more than the latter. Then again, all verdict data undifferentiated by specifics of the case ultimately should be filed away under “interesting but ultimately useless.” It is also worth noting that this is a study of successful premise liability verdicts where the plaintiff prevails. Factoring in the losses, the average award is much lower. Most lawyers who handle premises cases regularly handle only serious injury or death cases. The bar in terms of the severity of injury required for a good lawyer to accept the case is higher in these cases than in auto accident cases where the path to proving liability is more clear and certain.

The original post was about an interesting verdict in New York in a “calling fore” golf course injury case.  The case is still interesting. But it is 11 years-old.  So I’m updating the post in 2020 by including sample settlements and verdicts in golf course injury lawsuits.

Golf Course Injury Verdicts and Settlements

  • 2020, Texas: $125,000 Settlement. A minor girl suffered a traumatic brain injury after falling from a golf cart that was operated by a minor.  Look at the infographic we have on this page.  These injuries are unbelievably common.  The injury left her with permanent impairments. Her family sued the driver for recklessly operating the vehicle and failing to properly brake. They also sued the cart’s owner for negligently entrusting it to an incompetent operator. The case settled for $125,000. Obviously, there was a real problem for the victim’s lawyer in establishing fault because a case like this should be worth millions at trial if successful.

wrist injury cases

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Over the last 18 years, our car accident lawyers have handled a large number of wrist fracture cases.  We have seen wrist fracture cases with very high values, very low values, and everything in between. Our firm has a history of maximizing the value of wrist injury cases. 

What Is the Settlement Value of the Average Wrist Fracture Claim?

The settlement value of a wrist fracture claim will vary wildly with the severity of the fracture. Some time ago, Metro Verdicts Monthly provided the median verdict and settlement value of wrist fracture cases over the last 22 years. The average settlement/verdict in Washington D.C. is $105,000. Maryland is less than half that: $50,000. The average settlement/verdict in a wrist fracture case in Virginia is $52,583.

Metro Verdicts Monthly’s cover graph is failure to diagnose breast cancer settlements and verdicts in Maryland, Washington, D.C., and Virginia. breast cancer misdiagnosis casesBy some estimates, between 8% and 12% of cancer cases are initially misdiagnosed.

It is hard to call one type of cancer misdiagnosis case more tragic than another. Every misdiagnosis is going to decrease the chance of treating and defeating the cancer.

But many cancer misdiagnosis cases are not medical malpractice cases because the cancer is so aggressive, but breast cancer misdiagnosis cases are fueled by tragedy because breast cancer is often extremely manageable when caught early, and often fatal when missed. Continue reading

Arthritis is such a serious injury because it is permanent.  Our clients who suffer from arthritis do not get better over time.  They get worse.

How much are arthritis cases worth?

Jury Verdict Research reports that the median jury award over the past 10 years, in personal injury cases involving arthritis injuries, is $38,867.00. This study involved personal injury verdicts where the victim’s primary injury involved inflammation, pain, and/or weakness to their joints or muscles. The study underscored what personal injury lawyers around the country have long known about fibromyalgia cases: juries struggle with them. This is borne out by the numbers – the median jury award of what we would call “pure” arthritis cases is $121,538.00; the median fibromyalgia jury award is approximately $23,000.00.

median arthritis verdicts
Insurance adjusters love to ignore Maryland law that provides recovery for exacerbations of preexisting injuries.  When they are not ignoring that law, they are bundling all the injury victim’s problems and drop them on the doorstep of the original injury.

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