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Personal Injury Law

Maryland Injury Lawyer Blog 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

Recent Entries: 508

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Obama's Next Step on Medical Malpractice

Posted on January 28, 2011
Health and Human Services Secretary Kathleen Sebelius said this morning that she would submit President Obama's "parameters" for medical malpractice reform. I think this is all probably much ado about nothing. I overreacted to all of this in 2009 and I'm not going to do it again...


Personal Injury News Roundup

Posted on January 25, 2011
Eric Turkewitz has a good guest post from a judge with advice for trial lawyers. John Bratt writes on the Baltimore Injury Lawyer Blog about representing the hearing impaired. Brooks Schuelke writes about the law of unintended consequences: how Texas' budget crisis might lead to less car wrecks (Austin Personal Injury Lawyer Blog)...


New Maryland Speeding Ticket Law

Posted on January 20, 2011
There is a new law for traffic/speeding tickets in Maryland that no longer gives accused offenders a chance to wait until the day of trial to decide whether to pay the ticket. Under the old law, motorists were assigned a trial date automatically and were expected to appear at trial if they did not pay the fine...


Today's Stories

Posted on January 19, 2011
Study Finds Trend Toward Jury Trials Yielding Larger Patent Verdicts. I read this title with interest until I realized it said "patent" not "patient". Little different. The Drug and Device Law Blog suggests that campaign contributions might sway a Pennsylvania intermediate appeals court...


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Maryland Citizens Against Lawsuit Abuse Editorial

Posted on January 14, 2011
Todd Lamb, executive director of Maryland Citizens Against Lawsuit Abuse, and Ellen Valentino write an editorial in the Maryland Daily Record on the apocalypse that would occur if Maryland joined 90% of states in this country and adopted a comparative negligence standard...


Today's Stories and Links

Posted on January 13, 2011
Paul Luvera deposes the CEO of Medtronic and gives thoughts on how he approached it. Defendants hit with $3 million verdict claim judge allowed 'zombie-like' evidence; Seek new trial (Madison County Record). From Defendants' motion: "This court dismissed the plaintiffs' spoliation claims pre-trial in light of the plaintiffs' request for the application of Missouri law, and then let the plaintiff raise the issue zombie-like as if reincarnated, during trial...


Putting the Conversation with the Defense Lawyer in Writing

Posted on January 12, 2011
It seems like Lawyer 101 advice: if you are making an agreement with the opposing lawyer, get it in writing. Few lawyers do it. There are two reasons for this. The first is laziness. If this is your problem, this blog post will not help. But I think another reason personal injury lawyers sometimes do not send letters memorializing agreements is that they feel like it is almost a breach of the trust between counsel...


Today's Stories

Posted on January 10, 2011
Top 5 Stories of the Week (Maryland Daily Record) Editorial: Judges shouldn't be able to toss out verdicts on a whim. The writer is talking about the criminal case involving the death of Anna Nicole Smith... I am sorry... former Playboy model Anna Nicole Smith...


Res Ipsa and Medical Malpractice?

Posted on January 06, 2011
Los Angeles County has settled a medical malpractice lawsuit with a patient at Harbor-UCLA Medical Center who claimed that one of her blood vessels was punctured by a catheter tip during a medical procedure. The woman suffered further complications from the injury but was released a few days later...


Today's Links

Posted on January 05, 2011
Quick set of links today: U.S. District Court Judge Roger W. Titus awarded - I guess on summary judgment - $3.8 million to former University of Maryland linebacker Shawne Merriman. The defendants in this case were former Duke basketball players Christian Laettner and Brian Davis and their company, BD Ventures...


Insurance Bad Faith Average Verdicts

Posted on January 05, 2011
A punitive damage award for an insurance company's bad faith? It is a foreign concept for Maryland lawyers. But not for much of the rest of the country. A recent Jury Verdict Research study found that over the last twelve years, 32% of bad faith verdicts throughout the country led to a punitive damage award...


New Blog Resolution

Posted on January 04, 2011
I spend way too much time reading personal injury related blogs and news. My first resolution this year should probably be to do this less. But it's actually productive in that I see new law and new developments and I'm pretty sure it makes me a better lawyer...


New Expert Designations Opinion

Posted on January 03, 2011
Last week, the Maryland Court of Special Appeals decided Logan v. LSP Marketing, a lead paint case in Baltimore City. In this case, Plaintiff did not answer discovery. Defense lawyers, who I believe were the Leder Law Group in D.C., filed a motion to compel...


Darvocet Lawsuit Predictions

Posted on December 29, 2010
The Maryland Daily Record has an article today by Lawyers USA writer Sylvia Hsieh on the expected wave of lawsuits involving Darvocet and Darvon. The gist of the article is that this is the next big thing: "Plaintiffs? personal injury attorneys are gearing up to initiate an onslaught of litigation against makers of the popular painkillers Darvon and Darvocet...


Cross Examining Experts

Posted on December 28, 2010
Paul Luvera writes a blog post about cross examining experts based on a presentation he heard in New Orleans from a Florida lawyer named Dorothy Clay Sims. The post is worth reading if you are a personal injury lawyer cross examining an expert. I also like the whole idea of this post...


Ignition Interlock in Maryland

Posted on December 21, 2010
In March, I wrote a post about failed efforts in Maryland to require DWI offenders to install an ignition interlock system in their vehicles. Specifically, the bill before the legislature this year would have required people convicted of alcohol related offenses to only drive cars equipped with an ignition interlock system for some period of time...


Value of Femur Fractures

Posted on December 20, 2010
In the past, I have written on the value of fractured and broken legs. Now, in a relentless, unyielding effort to cover the settlement and trial value of every single bone in the human anatomy, let's thin slice broken legs a little thinner: femur fractures in Maryland, the District of Columbia, and Virginia...


McDonald's Happy Meal Lawsuit

Posted on December 16, 2010
A lawsuit has been filed by the Center for Science in the Public Interest - fancy name - against McDonald?s in the liberal bastion of San Francisco. The lawsuit alleges that the McDonald's practice of including toys with its Happy Meals is deceptive advertising...


What to Wear for Trial?

Posted on December 15, 2010
I mentioned as an aside in a blog post last week that I monitored the conviction of the at-fault driver in a wrongful death car accident case that I have. The case was in District Court in Essex. Judge Martha Russell presided over the case. She's a new judge and a good one who was obviously very experienced in dealing with criminal cases...


Avvo Top Blogs

Posted on December 15, 2010
The Maryland Injury Lawyer Blog is now ranked #61 on the Avvo Top Legal Blogs. Okay. This is an honor that will be hard to put on a t-shirt. For lots of reasons. But if you look at the 60 blogs ahead of us, there are few personal injury related blogs...


Refer Your Personal Injury Cases to Us. Seriously.

Posted on December 09, 2010
The Insurance Journal reports a rise in legal malpractice claims. Incredibly, there has been no hand wringing about increased malpractice rates for lawyers or fears that lawyers will no longer be able to keep their practices open as their insurance rates rise...


Personal Injury News Roundup

Posted on December 07, 2010
The Baltimore Injury Lawyer Blog on the difference between how accident lawyers handle truck accident claims and how they handle car accident claims The New York Personal Injury Law Blog writes about infamous Stella Liebeck of McDonald's coffee spill fame...


New CSA Venue Decision

Posted on December 02, 2010
The Maryland Court of Special Appeals decided on Thompson v. State Farm, a bad faith claim against State Farm that arose out of a car accident in Millersville, Maryland in Anne Arundel County. At issue is a common battleground in Maryland car accident cases: venue...


Eliot Spitzer is a Professional Lawyer

Posted on December 02, 2010
One of the highest praises you can give to a baseball player is to call him a "professional hitter." Tony Gwynn was a professional hitter. It is another way of saying, "That guy is a pro." I was watching an old CNN rerun of Parker-Spitzer this morning on the treadmill...


Maryland FELA Appellate Decision

Posted on December 01, 2010
The Maryland Court of Appeals reinstated a wrongful death accident lawsuit today, finding in a 6-1 opinion that a Baltimore City trial judge erred in failing to give an instruction on the inapplicability of assumption of the risk in FELA cases. The case involved a man who was killed when the mounted roof of his work vehicle came into contact with an energized wire...


Paralyzed Child's Claim Against Montgomery County

Posted on November 30, 2010
Jonathan Turley writes a good post about the insanity of the cap on liability provided by the Maryland Local Government Tort Claims Act. The case involves a car accident that resulted from a Montgomery County, Maryland police officer doing what a noticeable minority of police officers do in police cars: drive at excessive speeds...


Medical Malpractice and the National Debt?

Posted on November 29, 2010
I'm squinting my eyes but I still cannot get the correlation between the national debt and limiting medical malpractice lawsuits. This Huffington Post commentary points out the insanity of including medical malpractice reform on our "to do" list to tackle the national debt...


Truck Accident Trials and Jury Credibility

Posted on November 29, 2010
An Illinois court awarded $2.5 million in a lawsuit against a truck driver who admittedly (1) crossed the median strip and hit the Plaintiff and (2) had been driving for 19 hours that day. Obviously, and the result underscores this point, this is a tough case to defend on liability...


Four Loco Lawsuit

Posted on November 23, 2010
A woman injured in a car accident has filed a lawsuit against Four Loco, the makers of the controversial drink that combines alcohol and caffeine. The lawsuit against Four Loco claims that the driver of the car the woman was in had drank Four Loco before the car accident that injured the Plaintiff...


Maryland Comparative Negligence on the Way?

Posted on November 19, 2010
Certainly, the title is a little hyperbolic. But at the Maryland Court of Appeals Rules Committee meeting this morning, a memorandum was issued from Chief Judge Robert M. Bell requesting a study of how other jurisdictions have dealt with the comparative negligence doctrine...


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