Ron Miller is an attorney who focuses on serious injury and wrongful death cases involving motor vehicle collisions, medical malpractice, and products and premises liability. If you are looking for a Maryland personal injury attorney for your case, call him today at 800-553-8082.
On this page, we will look at medical malpractice cases involving misdiagnosis or delay in diagnosis of bowel cancer. We will examine the typical allegations of medical negligence in these cases and what their average settlement compensation value is.
About Bowel Cancer
Bowel cancer is a general term for cancer that originates in the large bowel. The large bowel (large intestine) includes both the colon and rectum which together form the last part of the human digestive system. The bowel plays a key role in final waste removal from the body by turning liquified food waste from the small intestine into solid waste. It is basically like the body’s trash compactor.
Medical malpractice lawsuits are high-stakes personal injury cases that routinely result in multi-million-dollar settlements and verdicts. These cases come in various types (such as misdiagnosis and surgical error) and each category of malpractice tends to occupy its own place on the average settlement value spectrum. For instance, surgical malpractice cases have a higher average value compared to cancer misdiagnosis or nursing home malpractice cases.
Birth injury cases have the highest average value of any type of medical malpractice case. Nationally, the average settlement and/or verdict in a birth injury case is roughly 20-30% higher than the average payout in all other types of medical malpractice cases. In Maryland, this gap is even bigger with birth injury cases having an average value close to 50% higher than other malpractice cases.
In this post, we will explain the driving factors that give birth injury cases such high values. We will also look at sample settlements and verdicts from actual birth injury cases around the country to illustrate how these factors actually work.
Miller & Zois has never advertised on television or even thought about it.
I’m not on a high horse. I’ve never looked down personal injury lawyers who advertise on television. I’ve always found it annoying when people do. Everyone is doing their own thing. It is pretty amazing how many different paths personal injury lawyers can take to make a living. There is no one way to do this thing.
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
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 anklefractures 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.
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. 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:
$40,000 – $248,223
$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.
What Are the 21 Factors That Impact Your Ankle Injury Settlement?
These are 21 factors that drive the trial and settlement value of your ankle fracture case:
All these factors lead to the question of how is the ankle injury permanent and, if so, how severe is the permanency. The types of cases that do not do as well are preexisting ankle injury cases and soft tissue injury cases where there is no objective finding on a diagnostic test.
Click to enlarge
Are There Sample Verdicts and Settlements in Ankle Injury Cases to Compare My Case?
Below is another path to look at the settlement value of ankle injury cases: sample verdicts and settlements. I think these are helpful.
But please remember that no two cases are alike and you cannot figure out the value of your case just by comparing your case with a similar case. No two cases are the same and someone’s verdict is just a poor predictor of what the outcome in your case will be. Certainly, along with other tools, it sheds light on the settlement value of your case. No question. But you just cannot put too much into it.
Also, remember these are not workers’ compensation cases but third-party ankle injury cases. The average payout for a workers’ comp ankle injury claim will be less.
YEAR / STATE
CASE / INJURY SUMMARY
2021 – Louisiana
A 58-year-old man walked with his bike. He was struck by a truck that ran over his ankle. The man suffered an ankle fracture. Two months later, he underwent an ankle repair that included the placement of screws. The man alleged negligence against the truck driver. He claimed he negligently drove against traffic. Following a bench trial, the jury awarded the man a $50,000 verdict.
$50,000 – Bench Verdict
2021 – Missouri
A woman tripped on concrete rebar in her apartment’s parking lot. She suffered a right ankle fracture. The woman underwent ankle surgery. She developed complex regional pain syndrome. The woman alleged negligence against the apartment owners. She claimed they failed to inspect for dangerous conditions and properly maintain the premises. This case settled for $615,000.
$615,000 – Settlement
2021 – New York
A man tripped on a sidewalk. He sustained a dislocated ankle fracture. Nine days later, the man underwent an open reduction internal fixation procedure. He subsequently underwent physical therapy for 12 months. The man now used a cane for prolonged walking. He alleged negligence against the City of New York. The man claimed it failed to maintain safe premises and address the defective sidewalk. This case settled for $925,000.
$925,000 – Settlement
2021 – Connecticut
A 61-year-old man casino patron walked along a concourse. He slipped and fell. The man fractured his left ankle and tore his right meniscus. He also suffered the aggravation of his pre-existing lumbar, thoracic, and left ankle injuries. The man underwent an open reduction internal fixation procedure. He also underwent physical therapy. The man experienced residual pain. He also found it difficult to walk and stand for extended periods. The man could no longer work as a dentist. He alleged negligence against the casino. He claimed it failed to clean up a liquid substance and warn patrons of the dangerous condition. This case settled for $1,325,000.
$1,325,000 – Settlement
2021 – Virginia
An 18-year-old passenger was ejected from a vehicle that struck an embankment. He suffered right ankle and thoracic fractures. The man alleged negligence against his driver. He claimed he excessively sped and failed to control his vehicle. This case settled for $437,500.
$437,500 – Settlement
2021 – Missouri
A woman was sideswiped. She suffered ankle, wrist, and rib fractures and head, elbow, and knee lacerations. The woman alleged negligence against the at-fault driver. She claimed he made a negligently left turn and failed to maintain an appropriate lookout. This case settled for $775,000.
$775,000 – Settlement
2020 – Missouri
A woman broke her ankle after slipping and falling on an icy patch in a department store’s parking lot. A sub-contractor plowed around the parking lot but piled snow around the front of the store. The temperatures were chilly enough for icy patches to appear. Doctors performed open reduction and fixation surgery on the woman’s broken ankle. The case settled for $225,000.
$225,000 – Settlement
2020 – Washington
A 29-year-old petroleum inspector was gauging a barge at a refinery. After doing so, he crossed a gangway and fell to the hard surface below. He suffered a herniated disc and ankle, foot, and neck injuries. The man sued the barge’s owner for negligence. He also claimed that he lost his job because of his injuries. The jury awarded him $266,500.
$266,500 – Verdict
2020 – Florida
The 56-year-old bank manager fell as she exited a mixed-use building. She suffered an ankle fracture. The woman underwent multiple surgical procedures and months of physical therapy to treat her injuries. She sued the premise’s owner for negligently creating dangerous conditions. The jury assigned 90 percent liability to the premise’s owner and 10 percent liability to the woman. They determined that the damages totaled $720,000, but the woman could only recover $648,000 based on comparative negligence.
$720,000 – Verdict
2020 – Virginia
A passenger was injured after the vehicle they were in went off-road and struck an illegally parked tractor-trailer. They suffered fractures to their sternum, ribs, and ankle. The passenger sued both their driver and the trucker. They received a $1,980,000 settlement.
$1,980,000 – Settlement
2019 – Pennsylvania
Our lawyers see a lot of ankle injuries in nursing homes. Here, a woman’s foot became wedged under the bed, causing a fracture that required an ankle fusion. She went through all of this while in the nursing home because she was recovering from a stroke.
$475,000 – Verdict
2018 – New York
A 69-year-old woman contended that her landlord would not fix her shower, requiring her to leave a drain uncovered. She fell on the drain and suffered a bimalleolar ankle fracture, which is a tough ankle injury that often causes the victim permanent problems. An angry jury awarded $2.4 million.
$2,400,000 – Verdict
2014 – Maryland
The plaintiff was driving on a two-lane road when another car hit him head-on. He suffered a comminuted ankle fracture because of the crash. The plaintiff had to have two screws permanently implanted in his leg and developed a permanent limp because of his injuries. The jury awarded him $96,789. This is one of those cases I’m talking about, right? A permanent limp is only worth $96,000?
$96,789 – Verdict
2014 – Pennslyvania
As the plaintiff was exiting her apartment when she slipped and fell on icy steps. She sued the property owner, claiming that they negligently maintained the steps by failing to remove snow and freezing rain. The plaintiff alleged that the defendants failed to inspect the property over the previous night, which led to the hazardous condition. She suffered an ankle fracture, which required the implementation of screws in her ankle, leading to arthritis. She also alleged that her ability to stand was compromised.
$847,362 – Verdict
2014 – Pennslyvania
The plaintiff was crossing a street at a crosswalk when she stepped in an uneven asphalt patch. This caused her ankle to roll, leading to a fracture. She sued the city, alleging that they failed to maintain a dangerous condition. She had to receive surgery, where two screws were implanted in her ankle. The plaintiff had to undergo physical therapy and claimed that she suffers pain and swelling during prolonged periods of standing. The defense claimed that the alleged injuries were fully healed. Still, the parties reached a pretrial settlement.
$225,000 – Settlement
2014 – Virginia
The plaintiff was a 59-year-old shipyard worker who slipped and fell on a patch of black ice while taking his car in for service. He sued the dealership, alleging that they failed to maintain a lesser-used sidewalk and that they knew that it commonly iced over. He suffered an ankle fracture and claimed that the injury aggravated a pre-existing back injury. He had to receive surgery to repair his ankle and additional surgery to alleviate back pain. The defendants claimed that he had previously inquired about the back surgery prior to the fall. The jury awarded him $2,000,000.
$2,000,000 – Verdict
2013 – Maryland
When the plaintiff was inside a Taco Bell restaurant, a fight ensued, and the plaintiff was struck in the face by an employee. He fell backward in the fight, which caused his ankle to become fractured. He had to receive two surgeries to fix his ankle and developed an infection. Additionally, he claimed that he had limited mobility in his ankle. The insurance company contended that he provoked the fight. The jury awarded him $260,506.
$260,506 – Verdict
2010 – North Carolina
The plaintiff was interested in purchasing a new boat. While on a demonstration with a boat salesman, the boat hit choppy waters causing the plaintiff to be thrown up and down in the boat. He fractured both ankles, one of which required surgery. The plaintiff claimed that the defendant was operating the boat at unsafe speeds given the choppiness of the water. He sued the boat operator and the marina and received a $10,397,291 judgment. This case underscores the impact on the amount of the verdict a good lost wage claim can make. This man was a urologist and most of the damage award accounted for his past and future earnings.
$10,397,291 – Verdict
2010 – North Carolina
In this motor vehicle accident case, a woman was struck by the at-fault driver trying to enter the roadway from a cross-street. She suffered an ankle fracture from the car accident. The parties eventually settled for $80,000.
$80,000 – Settlement
Does the Lawyer Make a Difference in the Outcome?
Obviously, the quality of your lawyer makes a big difference at trial. But it also makes a huge difference at the settlement table, particularly in ankle injury cases.
Why? Because the settlement value of the EXACT SAME ankle injury will vary wildly depending on who your lawyer is. Too many accident attorneys do not understand the real value of these lawsuits. The result is a settlement below the true value of the case that fully compensates the victim for all the harm that has been done.
Ankle Injury Medical Literature
Cunningham, B, et al: 2021: Immediate Weightbearing After Operative Treatment of Bimalleolar and Trimalleolar Ankle Fractures: Faster Return to Work for Patients with Nonsedentary Occupations. J Foot Ankle Surg. Jan-Feb 2021;60(1):11-16. Bimalleolar fractures are breaks of the lateral malleolus and the medial malleolus. This article suggests that putting weight on these fractures earlier helps the long-term recovery process and gets patients back to work more quickly. Bimalleolar fractures are probably the most common open fractures in traumatic injury cases. Our attorneys’ experience with these cases is that even if surgery improves the patient’s outcome, a common result is permanent stiffness weakness that will likely get worse over time.
Coles, C, et. al: (2019): Orthopaedic Trauma Association Members and Evidence-Based Treatment Recommendations. Journal of Orthopaedic Trauma: September 2019 – Volume 33 – Issue 9 – p e318-e324. This article underscores how the treatment of ankle surgery is sometimes more art than science which leads to a great deal of disagreement in the literature on how to treat these fractures (and the lack of consensus can drive patients to frustration).
Xing, W., et al: 2018: The application of intraoperative ankle dislocation approach in the treatment of the unstable trimalleolar fractures involving posterior ankle comminuted fracture: a retrospective cohort study. BMC Surg 18, 23 (2018). This study looks at the different treatment options for trimalleolar fractures. Our lawyers have seen a good number of trimalleolar fracture cases. These are tough injuries and you have to bake into the average settlement payout calculus the likelihood of post-traumatic arthritis that may develop. We have had clients who needed physical therapy, bracing, intra-articular injections, or even further surgery long after the original injury.
Getting a Lawyer for Your Ankle Injury Case
If you have an ankle fracture case in Maryland or Washington, D.C., call me at 800-553-8082 or fill out this claim form online. We can help you bring your personal injury claim and get compensation. If you are outside of the Baltimore-D.C. area and you have a serious ankle fracture, call me or find my bio and email me. I can (probably) help you find the right personal injury lawyer to maximize the value of your ankle fracture claim.
How much money can you get for pain and suffering when someone negligently or intentionally kills your dog? Is it $1.25 million, which is what a jury awarded, or $7,500?
In Anne Arundel County v. Reeves, No. 68 Sept. Term, 2019 (Md. June 7, 2021) the Court of Appeals weighed in on a sad case in which a police officer pointlessly shot and killed a beloved family dog in the front yard of its owners’ house. The dog’s family sued the police officer and the circuit court jury found that the officer was grossly negligent and awarded $1.25 million in damages. The COA vacated that verdict and held that under the applicable statute, pain & suffering damages for the tortious injury of a pet are not allowed. The most the family could recover for the killing of their dog was $7,500 in compensatory damages.
Many nursing home patients die of sepsis. Often, this does not result in a nursing home lawsuit because the infection occurred in the absence of negligence from a nursing home. But, too often, sepsis is the result of a bedsore or other preventable condition because of nursing home negligence or neglect. With nursing home sepsis, there are often signs that show an infection if the nursing home staff is paying attention.
Our lawyers handle nursing home sepsis lawsuits where a death occurs because the patient was not properly diagnosed and treated. This page talks about sepsis and the settlement value of sepsis wrongful death nursing home lawsuits.
The most common question I get from friends and acquaintances is whether you can sue if you are not injured in a car accident? The answer is yes, but with caveats.
Most auto accidents do not result in any physical injuries (75% according to the NHTSA). Even when your vehicle is the only thing that is damaged, you can still file a lawsuit after an auto accident if you were not at fault. This is what is known as a “property damage” auto accident lawsuit. If you file a property damage auto tort case, you can get compensation for the full cost of any damage to your vehicle.
Can I Still Sue If I'm Not Insured in the Auto Accident?
Let’s set aside the property damage because I address that below. The question here is do you have pain and suffering in a car accident where you either had no physical injuries or did not seek medical treatment?
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.
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.
In a personal injury lawsuit, the amount of money you receive for your injuries is determined by calculating your damages. The idea behind damages in a personal injury case is to make the victim “whole” or restore them to the position they were in before the accident.
The legal concept of damages is broad and it includes costs and expenses that have already been incurred (e.g., medical bills from last month) as well as costs and expenses that will be incurred in the future (e.g., the cost of surgery you will need in three months). These two types of damages are often referred to as “past” and “future” damages.
Past damages, such as prior medical expenses and lost wages, are usually very simple to calculate. Future damages, however, can be much more complicated. Future damages must be supported by opinions from qualified experts, and they often get disputed by the defense. In this post, we will look at the process of estimating and supporting claims for future damages in personal injury cases.