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Personal Injury Law

Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

Article in Trial

Posted on December 02, 2009
The article that John Bratt and I wrote for Trial that offers advice to plaintiffs' personal injury lawyers on the mediation of catastrophic injury cases is is now available online for American Association of Justice members. If you get the magazine, you should be getting it any day now...

Single Car Accident Opinion from Maryland Court of Special Appeals

Posted on December 01, 2009
The Maryland Court of Special Appeals decided Romero v. Brenes yesterday. This case involved a single car accident that killed both passenger and driver. A Montgomery County trial court granted the Defendant's attorney's motion for judgment at the close of the passenger's wrongful death case because the trial judge found that the evidence was insufficient to establish that the negligence of the driver was a proximate cause of the fatal crash...

Blink: Should I Take This Personal Injury Case?

Posted on November 30, 2009
I?m now joining the rest of America in finally reading Malcolm Gladwell?s ?Blink.? Gladwell?s theory is essentially that in some cases, split second decisions are more accurate than drawn out analysis with lots of different variables to consider. Of course, I wondered how this best relates to personal injury lawyers...

Colossus and Bad Faith Insurance Claims in Maryland

Posted on November 20, 2009
The Maryland Insurance Administration has now given its stamp of approval on Allstate's use of "Colossus 7.0.2+ Assessment for General Damages" and "Decision Point Medical Expert", software programs as tools to "honestly and accurately" asses the value of first party insurance claims...

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Rolexes and Introductions

Posted on November 16, 2009
Whenever I prepare for giving an opening statement, as I am today, my head is filled with more advice that I have heard or read over the years than expletives Bill Belichick threw out last night. I am writing today about two issues: what you should wear to trial and how you begin your opening...

Negotiating a Settlement with Car Insurance Companies

Posted on November 11, 2009
Accident lawyers attempting to negotiate settlements with insurance companies tend to view insurance companies as monolithic, i.e., "Insurance Company A is difficult' or "Insurance Company B is easy to deal with on claims." It is an oversimplification...

University of Maryland Medical Systems v. Waldt

Posted on November 10, 2009
The Maryland Court of Appeals republished University of Maryland Medical Systems v. Waldt today. One of our lawyers, John Cord, has created a document comparing the two opinions. This PDF document highlights the differences between the October 20, 2009 opinion and the November 10, 2009 opinion...

Personal Injury Statistics

Posted on November 10, 2009
While not as fun as, say, baseball statistics in the pre-steroids era, I really do enjoy looking at statistics on personal injury lawsuits. The Department of Justice just released a new report on personal injury lawsuit statistics (which I found via TortsProfBlog)...

How to Talk to a Judge

Posted on November 09, 2009
John Bratt reports in his Baltimore Injury Lawyer Blog on his appellate argument before the Maryland Court of Special Appeals on Friday. John asked the court to affirm a jury verdict his client obtained last year in a truck accident case in Charles County, Maryland...

Maryland Drunk Driving Laws: Change We Need

Posted on November 05, 2009
The Baltimore Sun has written another story about the tragic death of a young woman who was a junior at Johns Hopkins and was killed by a drunk driver who has had nine previous drunk driving convictions. I've avoiding writing about this topic because I really could not think of anything meaningful to add...

Subsequent Remedial Measures: New Opinion from Ohio

Posted on November 04, 2009
Sean Wajert's MassTort Defense Blog (c/o Torts Prof Blog) has an interesting post on a new opinion by the Iowa Supreme Court on the question of whether you can admit subsequent remedial measures in cases that sound both in negligence and strict liability...

Aluminum Bat Lawsuit: $850,000 Verdict

Posted on October 29, 2009
The New York Times reports that a Montana jury found on Wednesday that the maker of Louisville Slugger baseball bats failed to adequately warn about the dangers that aluminum bat can pose, awarding $850,000 for the tragic death of an 18 year-old boy hit by a ball while pitching in a American Legion baseball game...

Malpractice Editorial Version 2.0

Posted on October 28, 2009
Medical malpractice lawyers, victims? advocacy groups, doctors (and their lobbyists) and insurance companies have produced a heretofore unprecedented spate of editorials on medical malpractice reform in the last few months. Even I?m bored with it. But this editorial in Salon is a little different because the message ? that medical malpractice tort reform is not the answer ? comes from a pediatrician...

University of Maryland Medical Systems v. Waldt

Posted on October 28, 2009
This morning I blogged about University of Maryland Medical Systems v. Waldt in one of the longest posts in Maryland Injury Lawyer Blog history. Apparently, in light of my blog post and the criticisms contained in the post, the Maryland Court of Appeals withdrew the opinion...

Trial Article

Posted on September 30, 2009
I'm pleased to report that an article that John Bratt and I wrote has been accepted for publication in December in Trial, the flagship publication for the American Association of Justice. The article is about mediations in catastrophic personal injury cases...

Aspirin MDL

Posted on September 25, 2009
Sean Wajert's MassTortDefense blog reports that Bayer moved last week to dismiss the master complaint in the federal MDL involving combination aspirin products pending in New York. Plaintiff's' lawyers in this MDL allege Bayer marketed combination aspirin and dietary supplement products without approval from the FDA and deceived the plaintiffs and putative class members with respect to the safety and efficacy of the products...

The Recession and Accident Jury Verdicts

Posted on September 24, 2009
I have been interested for a while in how the recession is impacting jury verdicts. Back in June, I wrote about a few articles that drew differing conclusions and I pointed out that neither had any meaningful statistical evidence that supported their claims...

Are American Doctors Overpaid? My Vote

Posted on September 21, 2009
An article in Slate raises an interesting question: are doctors overpaid? Unquestionably, the article points out, doctors in the United States make a lot of money relative to doctors in other countries. American doctors make four times what French doctors earn...

"I'm Sorry" May Have No Impact on Medical Malpractice Lawsuits

Posted on September 16, 2009
The new popular wisdom that gained currency last year is that doctors who apologize for their mistakes are less likely to face a medical malpractice lawsuit than doctors who refuse to come clean. This supports what medical malpractice lawyers have long claimed: patients are often most angered by concealment of the malpractice and the concern that it will happen again to another patient...

Cross Examination of Truck Accident Lawyer

Posted on September 14, 2009
I have put on-line Laura Zois' cross examination of the defendant driver in a Baltimore City truck accident case tried last month in which the Plaintiff received a verdict of over $1 million. The case has since settled. This truck driver cross examination underscores that truck accident lawyers need to know the applicable trucking regulations inside and out...

Insurance Defense Lawyers: Are You Toxic?

Posted on September 11, 2009
Above the Law has a post of discussing a thread of comments to another blog post about being an insurance defense lawyer. Basically the question is whether the "low-end of insurance defense" is "toxic." I'm not entirely sure what is meant by "low-end," but I'm pretty sure I've been the plaintiffs' lawyer in cases that would fit this commentator's definition...

Dr. George Hossfeld Comes After Medical Malpractice Lawyers... and My Family

Posted on September 11, 2009
I had a great morning this morning. I arrived excited and ready to attack the day. This was the email in my in-box: name: George Hossfeld email: EmrgncyMD@[withheld] phone: ___________________ Interested In: You obviously do not have a clue re the mind of a doctor...

Obama to Discuss Medical Malpractice Tonight

Posted on September 09, 2009
"The president will talk about meaningful malpractice reform tonight. What I hope that does is cause Republicans to understand that we're close to getting something truly significant done for the American people, truly significant for those struggling with the high cost of health insurance," White House spokesman Robert Gibbs said this morning on "Fox Morning News...

Personal Injury Links: Post Holiday Blues Edition

Posted on September 09, 2009
One of my post Labor Day resolutions is to blog more often to continue to grow the Maryland Injury Lawyer Blog readership. But I'm still trying to get trying to get back into the flow of things today, so instead of a substance post, I'll just leech off the work of others: Missouri medical malpractice claims reach an all-time low...

Yaz/Yasmin/Ocella Lawsuits

Posted on September 09, 2009
For more information on the Yazmin/Ocella/Yaz lawsuits, visit our Yaz attorney claim information center which provides a general overview the Yaz lawsuits, an update on what plaintiffs' Yaz lawyers are doing in these cases, an explanation of the how the Yaz lawsuits will proceed, the latest medical research on Yaz, and medical journal information on the potential association between Yaz and gallbladder injuries...

Obama Speech on Medical Malpractice Tort Reform

Posted on September 09, 2009
President Obama laid out the specifics of what he thinks about medical malpractice tort reform tonight. Well, not really. Let's just say President Obama is keeping his options open. The trial balloon Obama he floated was to test out ?a range of ideas? to bring down the cost of medical malpractice insurance for doctors...

Robo Calls and Unwanted Faxes

Posted on September 03, 2009
LawyerUSA reports on a $24 million settlement between a Florida company and the Federal Trade Commission over allegations that it made illegal, pre-recorded "robo-calls," selling what the feds say was questionable coverage. I'm fine with the federal government policing this stuff, and, in principle, I'm fine with lawyers bringing claims that help the government enforce our rules...

Father Sues Stepfather Over Child's Suicide

Posted on September 01, 2009
Tragic and bizarre lawsuit in Baltimore City where a father sued his son's stepfather for leaving a loaded gun in the house, which the boy used to commit suicide. Incredibly, the father won a $50,000 verdict. Agree or disagree with him, the father certainly was willing to go to great lengths to make his point that I largely support: guns are dangerous and you cannot leave a gun and bullets out for minor children - or anyone else - to grab...

Maryland Motorcycle Accident Verdict Overturned

Posted on September 01, 2009
On Friday, the Maryland Court of Special Appeals reversed a $3 million jury verdict in Cecil County v. Dorman. That statement overmagnifies what happened. The jury verdict of $3 million is misleading because Maryland?s Local Government Tort Claim Act limited the actual verdict to $200,000...

When to Serve Interrogatories?

Posted on August 28, 2009
There is a split of opinion among personal injury lawyers as to whether plaintiffs should propound interrogatories before or after taking depositions, particularly in a case where there is a significant dispute as to liability. When looking at this question, it is important to acknowledge that defense lawyers in personal injury cases are like actors: there a lot of Jack Nicholsons and Meryl Streeps and there are also a lot of folks who call themselves actors but their acting skills do not rise to even Skinamax quality...

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