Metro Verdicts Monthly came out today with a new statistic on the trial and settlement value (they are lumped together) of fractured hip cases. The median settlement values for fractured hip cases are:
Maryland: $160,000
Metro Verdicts Monthly came out today with a new statistic on the trial and settlement value (they are lumped together) of fractured hip cases. The median settlement values for fractured hip cases are:
Maryland: $160,000
Arthritis is such a severe injury because it is permanent. Our clients who suffer from arthritis do not get better over time. They get worse.
This page looks at the settlement compensation you can generally expect in personal injury claims where arthritis is a significant component of the victim’s injuries.
Jury Verdict Research looked at plaintiffs’ jury awards to get an idea of the value of different types of business negligence injury.
The most frequent injury claim involved disc injuries, which made up 12% of the total cases. Interestingly, emotional distress was the next most frequently reported injury at 10%. No, I don’t know exactly what this means, either, but let’s go with it. Back strains, I’m thinking mostly soft tissue injury, was 7 percent. Bad faith, death, and spinal nerve cases each comprised 6 percent of the total plaintiff awards. Brain injury cases accounted for 5 percent, while head injuries, knee injuries, leg injuries, and shoulder injuries each accounted for 4 percent of the cases. All other injuries each made up 3 percent or less of the total number of plaintiff awards.
Injury | Award Median | Probability Range |
Disc Damage | $ 141,475 | $ 45,000 – $ 502,161 |
Emotional Distress | $ 100,000 | $ 16,900 – $ 477,283 |
Back Strains | $ 13,139 | $ 5,591 – $ 34,661 |
Bad Faith | $ 103,000 | $ 42,361 – $ 537,511 |
Death | $ 1,160,000 | $ 383,278 – $ 3,500,000 |
Spinal Nerve Injuries | $ 141,821 | $ 40,179 – $ 750,646 |
Brain Damage | $ 577,000 | $ 123,237 – $ 3,108,000 |
Head Injuries | $ 50,000 | $ 19,000 – $ 163,562 |
Knee Injuries | $ 140,000 | $ 50,000 – $ 412,501 |
Leg Injuries | $ 374,000 | $ 120,000 – $ 1,452,635 |
Shoulder Injuries | $ 117,000 | $ 51,039 – $ 384,250 |
Overall Injuries | $ 150,000 | $ 37,500 – $ 736,875 |
(Again, probability range is the 25th to 75th percentile of verdicts.)
The average business liability claim is worth a lot more than the average personal injury claim. Why?
The first, and most obvious, businesses typically have deeper pockets because they have better insurance coverage and assets to stand behind verdicts than most car accident cases. We have handled many car accident wrongful death cases where the recovery is $100,000 or less because there is no coverage. Serious injury and death business liability cases are also getting higher value because these injuries do not discriminate as much based on age. Many malpractice cases involve older patients – they are getting more treatment than younger people – so they get less in terms of future economic damages and their life spans are just not as long.
The most stunning gap between the probability ranges is in brain injury cases. According to this data, 25% of brain injury cases involve an award of less than $123,000. Ask yourself how they defined brain injury for the study. I can’t ever remember seeing a brain injury case come in for less than $123,000 but these statistics suggest that 1 in 4 cases comes in below that number. I would assume they are using head and brain injury interchangeably, but they are not: head injury is a separate category in the data.
You should not expect to see verdicts this high in Maryland business negligence injury cases. The reason is contributory negligence. Theoretically, if you are looking at jury verdicts as opposed to settlements, it should make no difference. If there is a verdict, ostensibly the jury found the defendant 100% responsible. But it really does not work that way. If a jury is making a tough call on liability, they will often compromise the damage verdict accordingly. Some of this is subconscious and some of it is actually the result of a compromise in the jury room. But average verdicts in Maryland are not quite what these verdicts would suggest.
To establish a claim of business negligence, several essential elements must be present:
The legal standards for business negligence cases can vary depending on jurisdiction and the specific circumstances of the case. However, there are some common standards and principles that guide these cases:
Several landmark cases have significantly influenced business negligence law and set important legal precedents. Here are a few notable examples:
In today’s business landscape, business negligence law remains a critical legal framework that holds corporations and business entities accountable for their actions. Its significance can be observed in several key areas:
Negligent security is a specialized subset of business negligence law that pertains to the duty of businesses to provide adequate security measures to protect individuals on their premises. This aspect of the law recognizes that businesses have a responsibility to ensure the safety of their customers, employees, and visitors. Negligent security cases often arise in situations such as assaults, robberies, or other criminal activities that occur on business premises. Our Maryland injury lawyers are very interested in these cases.
Businesses can be held liable for negligent security when they fail to take reasonable precautions to prevent foreseeable criminal acts. This may include inadequate lighting, lack of security personnel, malfunctioning security systems, or failure to conduct background checks on employees who have access to sensitive areas.
Negligent security cases are particularly relevant for various industries, including hotels, shopping malls, apartment complexes, and entertainment venues, where the safety of patrons and guests is a paramount concern. The outcome of these cases can result in substantial liability for businesses if it is determined that they did not meet their duty to provide adequate security measures.
In recent years, negligent security cases have gained prominence as society places an increasing emphasis on safety and security in public spaces. Big verdicts have also got a lot of attention. These cases remind businesses of the importance of not only providing a welcoming environment but also taking reasonable steps to protect those who enter their premises from foreseeable harm.
According to a recent Jury Verdict Research report, plaintiffs on motorcycles receive higher awards for collisions than bicycle plaintiffs. Makes sense. They are driving much faster and frequently roads where speed is more of an issue.
Their analysis, based on plaintiffs’ verdicts rendered from October 1999 to October 2006, examines motorcycle and bicycle categories involving collisions with other vehicles, objects, and pedestrians. The study found that the award median for motorcycle accidents was $73,700 compared to $40,912 for bicycle plaintiffs.
I assume they base the difference in the fact that motorcycles generate greater speeds that lead to more serious accidents. Interestingly, Jury Verdict Research provided average verdicts> with this data, which it rarely does. To underscore the difference between median and average, the average motorcycle accident case was $561,065 and the average bike accident case was $500,353.
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 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: What Is the Average Compensation for an Average Ankle Injury Settlement?
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.
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.
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. The 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.
Jury Verdict Research published data on verdicts in severe leg injury cases over the 10 years prior to October 2010. By severe, I mean severe: crush injuries and amputations. For injuries to one or both legs, and leg injuries resulting in varying degrees of leg amputations, the statistics are:
INJURY | AVERAGE | MEDIAN |
One or Both Legs | $4,000,000 | $2,400,000 |
The average verdict in these cases is approximately $4,000,000 and the median verdict is $2,400,000 for injuries to one or both legs, and leg injuries resulting in varying degrees of leg amputations.
The leg amputation categories include both traumatic and surgical amputations. The relatively insignificant difference surprised me between above the knee and below the knee amputations:
INJURY | AVERAGE | MEDIAN |
Above the knee | $3,958,003 | $2,588,649 |
Below the knee | $4,930,186 | $3,727,500 |
Bilateral Amputation | $13,392,589 | $5,012,500 |
As you can see, the median for bilateral amputations is a statistically insignificant difference from a single above the knee amputation.
This is interesting data and useful to use in negotiating your case. But asking the numbers to make sense is asking too much.
Below are summaries of cases resulting in verdicts or settlements where the primary injury was a serious leg injury,
Smith v. Elseroad (Baltimore City 2023) $425,000: The plaintiff was standing between two parked cars when the defendant motorist smashed his vehicle into the rear of one of the cars, pushing it forward into the plaintiff and crushing the plaintiff between the parked cars. The plaintiff suffered a bilateral leg crush injury resulting in permanent injuries, a right fibular head fracture, a permanent concave deformity on his calf, and permanent scarring on his lower body.
Hupp v. United States (D. Md. 2021) $729,000: Plaintiff suffered multiple fractures to his left ankle, requiring fusion and resulting in loss of motion and pain, as well as aggravation of preexisting condition, when the motorcycle he was operating was struck by a USPS mail truck that backed up from a parked position without warning, causing his left leg to be pinned under the motorcycle.
Johnson v. Bautista (Baltimore County 2021) $2,458,000: plaintiff suffered crush injuries to his right leg, including fractures to his right femur and tibia and nerve damage requiring surgery followed by physical therapy, and resulting in the permanent loss of feeling in his right foot and a combined right leg/lower extremity impairment rating of 46 percent. Jury awarded $208,000 in economic damages and $2.2 million for pain and suffering.
Thomas v. MTA (Baltimore City 2019) $1,200,000: plaintiff, a water taxi deckhand, suffered multiple fractures to her left leg and an open fracture of her left ankle, both of which required extensive surgeries, including placement of rods and screws and skin grafting, and resulted in extensive scarring on her leg. Case settled for $1.2 million.
Turner v. Brown (Baltimore City 2018) $390,394: plaintiff suffered a left leg hairline fracture, a left knee meniscus tear that required surgery when he was struck by a commercial vehicle driven by the defendant.
Patton v. Ruiz (P.G. County 2017) $1,584,296: plaintiff suffered right leg compound fractures, including a right knee fracture, resulting in persistent leg and knee pain and weakness and permanent radicular symptoms related to his leg and knee, when defendant allegedly made a left turn at an intersection on a steady red light and struck the plaintiff’s vehicle as it was proceeding through the intersection on a green light.
Koger v. Mabato (Baltimore City 2017) $1,203,013: Plaintiff was hit by a mobility bus in an intersection and suffered a fractured right distal femur, which required open reduction and internal fixation surgery and resulted in permanent impairment, as well as a fractured scapula, resulting in difficulty walking, standing, sitting and using stairs, continuing pain and permanent impairment of his right knee/leg.
Back in March, I reported data I found in Metro Verdicts Monthly research that I thought would interest personal injury lawyers in Maryland on the value of fractured shoulder injuries. Yesterday I received the recent issue of Metro Verdicts Monthly that provided the median settlement value for rotator cuff injuries in Maryland, Virginia, and the District of Columbia:
Washington D.C. | $136,200 |
Virginia | $26,250 |
Maryland | $45,000 |
It is hard to comment on these numbers. I can’t believe they are accurate. That a rotator cuff injury in D.C. is worth three times as much money as the same case in Maryland… I don’t buy it. I’m not sure how they get their data, but the difference in these jurisdictions is not all that pronounced. Arguably, Maryland is a better place for plaintiffs. Baltimore City and Prince George’s County are far superior jurisdictions. While we have never calculated our average or median verdict and settlement statistics in these cases, I can tell you it is a lot more than $45,000.
The rotator cuff is a composite of four major muscles and tendon fibers that blend with the upper half of the capsule of the shoulder joint. In the experience of our lawyers, most rotator cuff injuries in car and truck accidents occur in side collisions or “T-Bone” accidents.
Our law firm has handled scores of rotator cuff cases. Our clients struggle with these injuries. These painful and debilitating injuries make everyday tasks impossible. It is amazing how often you lift your arm up throughout your life, as these victims quickly figure out.
Rotator cuff injury is a relative term with varying degrees of severity, from strains of the rotator cuff that result in minor limitation in the shoulder’s motion to severe ruptures of multiple muscles or tendons. Millions of people are diagnosed with a torn rotator cuff injury every year. But if you are getting a tear — often a full-thickness — from a motor vehicle accident, you are unlikely to see an injury that easily resolves. Many of these clients require an open repair or a mini-open repair that is invasive by 2014 standards.
Interestingly, older data for rotator cuff injury cases that went to trial showed that the median final demand was $85,000 and the median final offer was $25,000. This is a wide range perhaps underscoring the difference of opinions as to the severity of the rotator cuff injury. The study also found that the median award was $50,000, which leads one to believe that both the Plaintiff’s and Defendant’s lawyers were often way off the mark on the actual settlement value of the case.
You can get more information on the value of rotator cuff injuries by looking both at statistics and sample jury verdicts and out-of-court settlements here.
$90,000 Verdict (2022 Oregon): the plaintiff was driving on a highway when she suddenly had to slow down and was rear-ended by the defendant. The plaintiff claimed that she suffered a torn left rotator cuff which required surgery. The verdict included $13k in medical expenses and $23k in lost wages.
$538,124 Verdict (2021 Geogria): the plaintiff, employed as a truck driver, reportedly sustained a left rotator cuff tear requiring surgery and leaving him with a permanent impairment, limiting his ability to work and forcing him to change his profession, when the tractor-trailer he operated in a rail yard was struck from the rear by a truck owned by defendant.
$8,865 Verdict (2021 Oregon): the plaintiff was rear-ended by the defendant at a stop sign and the accident allegedly resulted in a complete tear of his left rotator cuff.
$5,500 Verdict (2021 Texas): claimed to suffer a left shoulder, requiring surgery, as well as pain, numbness and tingling in her fingers and hand when, while dining at a restaurant operated by the defendant a tray of dirty dishes was dropped by an employee and struck her left shoulder and arm.
$35,275 Verdict (2019 Washington): the plaintiff, a 20-year-old female, was sideswiped by the defendant and claimed that she suffered a torn rotator cuff and back and neck sprains. She was awarded $8,375 in medical expenses and $25,000 for pain and suffering.
$24,887 Verdict (2018 Florida): the plaintiff was rear-ended by the defendant and claimed injuries including a torn rotator cuff and damage to his acromioclavicular joint which he alleged were permanent. Case went to trial on damages and the jury found that the injuries were not permanent.
If have suffered a torn rotator cuff or another type of shoulder injury in a accident, contact the personal injury lawyers at Miller & Zois today at 800-553-8082 to find out how much your case could be worth.
Metro Verdicts Monthly’s cover graph is failure to diagnose breast cancer settlements and verdicts in Maryland, Washington, D.C., and Virginia. By 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
This page is about head injuries and their settlement compensation in personal injury lawsuits.
Our lawyers see a lot of head injuries in our practice. Head injuries to automobile occupants have been shown to be a major cause of death and permanent brain injury. We see head injuries that range from headaches that resolve quickly to brain damage that destroys a life.
When it comes to determining appropriate settlement payout, head injuries might be the hardest personal injury claim to evaluate. Head injuries are a common occurrence in personal injury cases and they are often difficult to assess. The head is a complex part of the body with delicate and vital structures. The effects of an injury to these structures may be subtle, slow to appear, and difficult to diagnose. Head injuries can also affect a person’s posture, appearance, and sensory organs, which can have a significant emotional impact on the person suffering the injury.
The average premises liability verdict is $643,099, according to Jury Verdict Research’s review of premises lawsuits around the country. The 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.
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.