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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

Seat Belt Lawsuit Likely to End in Draw

Posted on November 19, 2010
The U.S. Supreme Court will likely deadlock 4-4 in a seat belt design defect wrongful death lawsuit against where Mazda is arguing that Plaintiff's claim is preempted by federal law. The seat belt at issue is a lap-only seat belt, which I think sounds defective on its face by most of us...

Facebook Discovery News

Posted on November 17, 2010
The Drug and Device Law Blog writes a good post on a recent Facebook discovery opinion, arguing in favor of making Facebook posts, ostensibly intended only for your "friends", discoverable: We might have responded: C?mon, Dude, everyone knows that what you tell or write your friends may come out some day...

Joint and Several Liability: A Law and Economics Defense

Posted on November 16, 2010
Contributory negligence is about as dead of an idea as communism. Maryland is one of five jurisdictions in the United States (along with Virginia, Washington D.C., Alabama, and North Carolina) that have maintained this antiquated notion that being 1% at fault for your own injuries should be a bar to your claim...

Medical Malpractice Expert Witnesses

Posted on November 16, 2010
You are a lawyer looking for an expert in a medical malpractice case in Maryland. You find one you think is perfect. She has strong opinions, a great reputation, and will be able to communicate well with the jury. You have just one problem. Although your expert is intimately familiar with the care/procedure at issue, she is board certified in a different practice area...

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What Do I Get for My Own Wrongful Death?

Posted on November 15, 2010
When you die in a fatal accident in Maryland, two claims arise: a wrongful death action and a survival action. Wrongful death claims are for the suffering and economic loss for surviving family members on their own behalf. The survival action is brought by the estate, which means it is actually the only claim the person who died really brings for themselves, in their own name for their own loss of life...

Police Reports: Why They Are Often Wrong

Posted on November 12, 2010
After a car accident, police do an investigation, talk to the witnesses, and file a police report. Although the police report is generally inadmissible at trial in Maryland, the facts contained in the report and the conclusion of the police officer as to who was at fault colors - sometimes permanently -how the insurance companies view the merits of accident claims...

The Sports Guy and Torts

Posted on November 10, 2010
In his ESPN column that I regularly read, Bill Simmons, a.k.a. the "Sports Guy" writes about the controversy that ensued when a basketball player, Charles Villanueva, claimed that another basketball player, Kevin Garnett, called him a "cancer patient" while trash talking during an NBA game...

Misdiagnosis Lawsuits: Verdict Data

Posted on November 08, 2010
Jury Verdict Research published a study this month that found that medical malpractice plaintiffs receive an average of $983,769 for being "incorrectly diagnosed with a serious illness resulting in fear or unnecessary treatment." For once, the median is not far behind the average...

Maryland Bar Exam Results for 2010 on the Way

Posted on November 05, 2010
The results for the July 2010 Maryland Bar Examination will be posted here at 4:30 p.m. today. Good luck to everyone taking the exam. Maryland Bar Examiners Website Last July's Results (read these, they will pump you up a little bit) Advice While You Wait Another Few Hours

Sample Depositions

Posted on November 05, 2010
On our website, we have sample depositions in car and truck accident, medical malpractice and product liability cases. As a young lawyer, I learned how to take a deposition like a young quarterback with a clipboard, second chairing depositions where I had the opportunity to watch some of the best plaintiff and defense lawyers in the country...

Ah, Good Morning Judge Asti

Posted on November 04, 2010
Good morning, Judge Asti. My name is Joe Smith. I represent the Plaintiff in this case. I'm here seeking that this Honorable Court use its discretion to.....Oh, you remember me, Judge? Yes, I was big into Judge Jarashow's campaign. Yes, you might recall, I said some awful things about you...

Anne Arundel Judicial Election

Posted on November 03, 2010
Alison Asti circulated flyers today that encourage voters to vote for her and Circuit Court Judge Laura S. Kiessling. The flyers look similar to those put out by Judge Kiessling and Judge Ronald Jarashow, who have campaigned together. Judge Jarashow, according to the Capital Gazette, did not mince words, calling Alison Asti?s flyers "despicable," and said they showed her "lack of integrity...

Maryland Jury Trial Threshold Increased

Posted on November 03, 2010
As expected, Maryland voters overwhelmingly rubber stamped approved by a two-to-one margin a constitutional amendment to increase the damages threshold for civil jury lawsuits from $10,000 to $15,000. What does this mean? Currently, any case pled in District Court in Maryland for more than $10,000 can be "bumped up" to a jury trial...

Pain and Suffering

Posted on November 02, 2010
Sometimes, I think personal injury lawyers - myself included - subconsciously tend to think we know better than the client in terms of what damages they have that really matter to a jury. But we often get it wrong. More often than not, what is in the client's heart is also going to be what has the most impact on a jury...

Maryland Election: Court of Special Appeals Judges

Posted on November 02, 2010
One thing I really don't do is rubberneck traffic accidents. When I am king, rubbernecking will be a felony. Except for traffic accidents, I am a rubbernecker. My worst rubbernecking comes in comment sections of articles and blog posts. I found this one this morning talking about the election of Maryland Court of Special Appeals judges...

New CSA Opinion on Discovery

Posted on October 29, 2010
In addition to Kearney v. Berger, there was another interesting opinion that came down from Maryland's appellate courts yesterday. The Maryland Court of Special Appeals ruled on an interesting discovery issue in a landlord-tenant case that has implications for Maryland personal injury lawyers...

New Maryland Medical Malpractice Opinion: Walzer Revisited

Posted on October 28, 2010
The Maryland Court of Appeals affirmed the dismissal of a medical malpractice lawsuit against a doctor for procedural reasons in a 4-3 opinion issued this morning. Filed in Anne Arundel County, this wrongful death malpractice claim alleged that a dermatologist failed to perform a timely biopsy of a mole that later proved to be melanoma and caused a man's death...

Average Premises Liability Verdicts

Posted on October 27, 2010
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 premises liability cases is $98,160. Premises liability claims against recreational facilities were higher...

Alcohol and Walking Home

Posted on October 26, 2010
Last week, I wrote one of my most read Maryland Injury Lawyer Blog posts in the last four years, thanks to a Twitter link from the authors of Freakonomics. I love Freakonomics and Superfreakonomics to the point where I would put the Twitter link on my bio if it would not make me so obviously pathetic...

Cell Phones in Maryland Courthouses

Posted on October 26, 2010
The Maryland Court of Appeals has signed off on some modifications to the Maryland Rules. Of particular interest to both lawyers and clients is new Maryland Rule 16-110. This new rule addresses the crucial issue of our day of whether you can bring a cell phone into court in Maryland...

Calling Back Retired Judges

Posted on October 21, 2010
Earlier this month, I wrote a blog post about Vermont Senator Patrick Leahys' proposal to allow retired Supreme Court justices to hear cases to avoid 4-4 splits in conflict situations, a issue that is getting attention because of the conflicts that Justice Kagan has for many pending cases...

When to Get Your Experts Lined Up?

Posted on October 20, 2010
It is amazing how many plaintiffs' accident lawyers file suit, name experts, and then give a key expert like a treating doctor a call to find out the expert's opinion on the case. It is equally amazing how often insurance company lawyers wait until after the discovery deadline passes before having a substantive conversation with their experts about the case...

State Farm's End Run Around Subrogation Waiver

Posted on October 20, 2010
In Maryland, if an uninsured motorist insurer waives subrogation against the at-fault driver in an underinsured motorist case, it also waives its liability defenses. Depending upon who you ask, this has either always been the law in Maryland (as Maryland high court tells us in Maurer v...

Men and Women in Law School

Posted on October 20, 2010
Concurring Opinions has a blog post today on how women are less likely to speak up in class than men in law school. I have been teaching law students at the University of Baltimore School of Law for 13 years, teaching three semesters a year - spring, summer and fall - for the last 8 years...

Drunk Pedestrian Accidents

Posted on October 20, 2010
ESPN is running a story about an NFL player who was arrested last night for public intoxication. I think if public intoxication was a regularly enforced crime, we would need to start building more jails. But I was interested in something the player reportedly said to police: "I know I am drunk, but does that mean I cannot walk home?" I think the first reaction to this report is that we are all glad that he made the choice to walk and not get behind the wheel...

Allstate Colossus Settlement

Posted on October 19, 2010
Allstate has agreed to pay New York $1.2 million as part of a $10 million regulatory settlement involving Colossus, its infamous computer software that values personal injury auto accident claims. Under attack was Allstate's use of Colossus, a software program Allstate and many other insurance companies use to value the value of injuries in auto accident claims...

Proof of the Litigation Explosion

Posted on October 15, 2010
Lester Brickman writes a guest blog for the TortsLawProf on the stealth litigation explosion in this country. Even though tort cases only make up 5% to 10% of the filed lawsuits in this country, Professor Brickman argues this number is artificially low because of class actions and cases filed with more than one Plaintiff...

Are Doctors Better Than Lawyers?

Posted on October 13, 2010
You really should read Colin Son's guest blog on KevinMD yesterday. Dr. Son uses two quotes to make a point I really don't know that he needed to make: doctors are more important than lawyers. The first quote is by a lawyer suggesting a lawyer is America's most important job...

Medicare Liens Ruling

Posted on October 11, 2010
Medicare liens are the bane of personal injury lawyers trying to reach a settlement. Settlements don't and can't parse out pain and suffering damages for medical bills. What goes to the wrongful death claim? What goes to the survival action? If you get a verdict at trial, this all gets resolved...

Listen Up Clients: One Law Firm's Approach

Posted on October 08, 2010
Above the Law provides an interesting link from a South Carolina family law firm that I can bet you is experiencing a real spike in web traffic. The firm lays down the law to its clients on its website, warning them to wait patiently for return calls (they are busy), not to call on weekends, stop by unannounced, or even to expect that they won't make mistakes...

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