Maryland Injury Law Center

March 2, 2025

Foot Injury Lawsuits: Settlements and Verdicts

What Is an Open Reduction Internal Fixation Surgical Repair?

An open reduction, internal fixation surgical repair of foot fractures using plates and screws means that the bones and joints are put back into pre-injury position and stabilized. The hope is that repair position will hold for proper healing of the fractures and alignment of joints in anatomical alignment. (The circular fixation method is also an option that has been explored more by foot and ankle surgeons in recent years.

Would You Expect a Discreet Fracture to Have a High Settlement Value?

A discreet fracture can still cause great symptoms to the victim. But, generally, a discreet fracture will have a lower settlement value than other foot fracture cases.

What is the #1 Thing That Drives the Settlement Value of Foot Injury Cases?

The most important thing that drives the settlement value of foot injuries is whether the victim has permanent restrictions on high demand activities such as walking, running, or standing for long periods of time. If the injuries are permanent, the value shoots up dramatically in most cases.

Laundry List of Foot Injury Fracture Our Lawyers See

There are several different types of foot fractures that can occur from trauma, including:

Stress Fractures: These are small cracks in the bone that occur from repetitive stress or overuse. They can also occur from a sudden increase in physical activity. This is the injury we see the least in personal injury car accident claims becaus because there are few stress fractures in the foot from acute trauma.
Avulsion Fractures: This occurs when a small piece of bone is pulled off due to the force of a ligament or tendon. You see this injury in high impact collisions and settlement amount tend to be high for this injury.
Compression Fractures: This occurs when the bones in the foot are crushed, often as a result of a fall or impact. Normally a foot fracture has a higher settlement payout when the victim is young. But older people sometimes get higher compensation for a compression fracture because they heal so poorly compared to younger victims.
Displaced Fractures: This occurs when the bone breaks and is no longer aligned correctly. This type of fracture often requires surgery to realign the bone. Surgery always increase average settlement compensation.
Non-Displaced Fractures: This is when the bone is broken, but remains aligned correctly. These types of fractures often heal with immobilization or casting. Values are less for non-displaced fractures generally although we have seen cases where the long term consequence are more severe.
Open Fractures: This is when the bone breaks through the skin, increasing the risk of infection. These types of fractures require immediate medical attention. High payouts on these cases in no small part because the pictures are usually awful looking.
Closed Fractures: This is when the bone breaks but does not break through the skin. These types of fractures may require immobilization or surgery depending on the severity of the injury.

Our Law Firm Has Handles Scores of Foot Fracture Claims

Our lawyers at Miller & Zois handle a wide variety of food fracture claims. We have gotten big settlements and verdicts in these cases. Call us today at 800-553-8082 or reach out to us online.

Obviously, there are a lot of vexing injuries that occur in car and truck accidents. Foot and ankle injuries rank high on this list of hard to solve accident injuries. There are so many bones in the foot — one-fourth of all of your bones — and the bones are so small. Just too many things can go wrong.

What Is the Average Settlement Value of a Foot Injury Accident Claim?

According to a Jury Verdict Research study, the overall median jury award for foot injuries is approximately $100,000 (maybe slightly less in Maryland). More serious foot injuries see a corresponding rise in value. Multiple fractures to a foot increase the median verdict to $144,000. In foot injury cases where both feet are fractured, the median rises to $296,940. For plaintiffs’ lawyers repeating the “scope property damage does not matter” credo, it is hard to ignore the conclusion that if you have suffered fractures to both of your feet, you were most likely in a serious accident. Another Jury Verdict Research study found that 39% of the foot injury cases that went to verdict were suffered in motor vehicle collisions. A remarkable 11% of serious foot injury cases were in motorcycle accident cases. This stat underscores how dangerous motorcycles are compared to cars or trucks.

January 21, 2025

Average Verdicts in Motorcycle and Bicycle Accident Cases

by Ronald V. Miller, Jr.

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.

January 15, 2025

Maryland Nursing Home Settlements and Verdicts

by Ronald V. Miller, Jr.

Jury Verdict Research did a study that found that nursing home plaintiffs get a median award of $329,000. Defense lawyers are not eager to try these cases for a reason: plaintiffs win at trial a stunning 63 percent of nursing home jury trials. Even that figure is probably misleading. When a nursing home lets a case go to trial, it is usually because it is a case that cannot be lost. Good nursing home lawsuits settle almost every time.

So, statistically, you are more likely to win at trial a nursing home case than a rear-end accident case. Crazy, right? Why more lawyers are not pushing for nursing home cases is beyond me. They are not as lucrative as they once were because of damage caps but they are still good cases that also, not for nothing, really help protect nursing home patients.

Which Maryland nursing homes are getting sued? A look at lawsuits, ratings, and reviews of Maryland nursing homes

January 13, 2025

Allstate Claims in Maryland

by Ronald V. Miller, Jr.

If you polled Maryland personal injury lawyers who handle car accident cases, most would choose Allstate as the “worst of the worst” among insurance companies to deal with on accident claims.

Personally, while I would not put Allstate at the top of my list of insurance companies I want to draw, I would not put them last, either. Don’t get me wrong. They are awful, and I hate them. Our lawyers sue them and their insureds all the time. But we are speaking in relative terms? Who are the worst three insurance companies to deal with in Maryland? Allstate is not on my list.

This post gives practical thoughts about Allstate claims in Maryland and includes a plug of why you should – in serious injury cases, anyway – hire a lawyer for your Allstate injury claim.

January 9, 2025

Ankle Fracture Settlement Amounts

by Ronald V. Miller, Jr.

On this page, I will look at the average settlement payout value for ankle injuries in accident cases.

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. Continue reading

January 2, 2025

New School Bus Camera Law in Maryland

by Ronald V. Miller, Jr.

Local municipalities may now use cameras to catch motorists speeding past stopped school buses. Violators will get a ticket with a penalty of up to a $250 fine but no points on their driving records. Montgomery County has had cameras in a place for a while. But they were just giving out warning tickets. This bill has some teeth, albeit little baby teeth, with no points attached.

This Law in Action in PG County in 2021
Anne Arundel in 2022
Ron DeSantis signs school bus camera law in 2023
Baltimore County puts in new school bus cameras in 2024

History of School Bus Cameras

School bus cameras have been around for several decades. In the early 1990s, a school district in San Antonio, Texas, introduced a pilot program that installed video cameras on the exterior of school buses to capture motorists who passed stopped buses. The program was successful, and other districts began to follow suit.

By the mid-2000s, school bus camera systems had become more advanced, with cameras installed inside buses to capture footage of student behavior and to aid in investigations of accidents or incidents on buses. Today, school bus camera systems are standard in many districts across the United States, including Maryland. There are privacy concerns, sure. But no one doubts that they have improved safety for students and bus drivers.

History of School Bus Cameras in Maryland

In 2011, the Maryland General Assembly passed a law allowing local jurisdictions to install automated cameras on school buses to capture images of drivers who illegally pass stopped school buses. The goal of the law was to protect school children who are often endangered by drivers who fail to stop for the flashing lights and extended stop arm of school buses.

The cameras are mounted on the outside of the bus and activate when the bus comes to a stop, and the red lights begin flashing. They capture images of the license plates of cars that pass the bus illegally, and the drivers of those cars are issued citations.

Maryland’s first school bus camera program was launched in Montgomery County, and other counties soon followed suit. Since then, the use of school bus cameras has expanded throughout the state and has been credited with improving safety for school children.

In 2019, the Maryland General Assembly passed a law that increased the fines for drivers who illegally pass stopped school buses. Under the new law, drivers caught on camera passing a stopped school bus can be fined up to $500 for a first offense and up to $1,000 for a second offense. The law also allows local jurisdictions to impose additional fines and penalties for repeat offenders.

Maryland School Bus Camera Timeline

2025: Maryland establishes the “Workgroup to Study School Bus Safety” with HB200, tasked with enhancing school bus safety by identifying issues related to the behavior and safety of students and bus drivers. The group is directed to provide a detailed report with findings and recommendations to local and state governing bodies by June 30, 2026.
2024: The Maryland State Department of Education begins releasing quarterly reports on the school bus camera program data, enhancing transparency and providing stakeholders with more frequent updates. These reports show a significant decrease in violations, indicating the effectiveness of the surveillance measures.
2023: Maryland advances its school bus safety program by integrating artificial intelligence (AI) technology into the bus cameras, allowing for automatic detection of traffic violations and improving the accuracy of citations. Additional funding is allocated to support technological upgrades and the expansion of this initiative.
2022: After overcoming initial resistance, Anne Arundel County begins to actively cite vehicles that illegally pass public school buses, marking a significant enforcement step within the region.
2020: Maryland Governor Larry Hogan signs legislation that increases fines for drivers who pass stopped school buses illegally. The new law mandates that school bus cameras capture clear images of the vehicle’s license plate, and allows for the reinvestment of collected fines into school bus safety programs.
2019: The Maryland General Assembly responds to ongoing safety concerns by significantly increasing fines for drivers who illegally pass stopped school buses. The new legislation sets fines up to $500 for a first offense and up to $1,000 for subsequent offenses, with local jurisdictions empowered to impose additional penalties on repeat offenders.
2018: The Maryland State Department of Education distributes $3.6 million in grants to local school systems to facilitate the installation and operation of school bus camera programs, significantly bolstering the state’s commitment to student safety.
2017: An annual report released by the Maryland State Department of Education confirms the efficacy of school bus cameras in enhancing student safety, helping to build public confidence in the technology.
2016: The Maryland State Police initiate a pilot program utilizing body cameras to capture images of drivers who illegally pass stopped school buses. This program aims to complement the existing external bus camera system.
2015: Comprehensive guidelines for the operation of school bus camera programs are issued by the Maryland State Department of Education, covering aspects such as motorist notification, video review, analysis, and data reporting procedures.
2014: Statewide operation of school bus camera programs is authorized through new legislation, which requires adherence to specific operational guidelines set by the Maryland State Department of Education.
2012: Montgomery County becomes the first in Maryland to implement a school bus camera program, using external cameras mounted on buses to capture images of vehicles illegally passing stopped school buses.
2011: Maryland enacts initial legislation permitting local school boards to install and operate automated cameras on school buses, aimed at capturing images of vehicles that illegally pass stopped buses, laying the groundwork for subsequent enhancements in student transportation safety.

Drivers Ignore Buses

This bill was precipitated partly by a Maryland State Department of Education study that found that thousands of drivers are passing school buses with their stop arms extended and red lights flashing. A total of 7,028 violations were recorded on a single day last month, with most drivers ignoring school bus stop signs.

Nearly 4,000 (3,997) of those motorists were oncoming drivers who ignored the stop arm, 2,665 drivers moved past a stopped bus on the bus driver’s side of the vehicle, and 366 drivers passed a stopped bus on the door side, right where you would expect a child to be walking. Baltimore County drivers are the worst offenders, followed by Montgomery County, Baltimore City, Anne Arundel, and Prince George’s.

(Now keep in mind, all of this data comes from school bus drivers who, as a breed, think we are all idiots and don’t belong on the road. So let’s say they are exaggerating by a factor of 10. It is still a staggering number.)

Updated Statistics

According to data from NASDPTS, there are an estimated 17 million stop-arm violations each school year in the United States. Good golly. In Maryland, school bus drivers recorded 3,194 violations in a single day in 2019. Every time a driver illegally passes a stopped school bus, they put a child at risk.

December 17, 2024

Depo-Provera Lawsuits

by Ronald V. Miller, Jr.

Depo-Provera is a contraceptive injection, often referred to as the “birth control shot,” that has been available for many years. Recent scientific research has linked Depo-Provera to an increased risk of brain tumors.

Women who used Depo-Provera and later developed a brain tumor may be eligible to file product liability lawsuits and seek financial compensation from the drug’s manufacturer, Pfizer. This new evidence is expected to trigger a surge in Depo-Provera lawsuits nationwide.

This page will discuss the Depo-Provera brain tumor lawsuits, including information on potential settlement values.

December 9, 2024

How to Admit Photographs Into Evidence

by Ronald V. Miller, Jr.

Pictures often become pivotal pieces of evidence in personal injury cases, especially in car and truck accident litigation. But how those photos are used—and whether they can be tied to the plaintiff’s injuries—can significantly sway a case.

This page is a guide to admitting photos into evidence. Our focus here is admitting property damage photographs into evidence. But you lay the foundation the same way for any photographs.

Admitting a photograph may seem straightforward, but the foundation must be carefully laid. Questions must confirm the photograph’s authenticity and accuracy, as well as rule out alterations or misleading representations. From the initial, “Are you familiar with this photograph?” to the final request to admit the image as evidence, this process is all about laying the proper foundation and ensuring the jury can trust what they see.

December 8, 2024

Truck Wreck Settlement Value Statistics

by Ronald V. Miller, Jr.

On this page, we will look at the settlement payout value of truck accident personal injury cases.

Truck Accident Settlement Statistics

A recent Jury Verdict Research study of trucking accidents found that truck accident victims recover damages in 60% of personal injury trials and receive a median compensatory award of $90,000. I find the 60% number a surprise. With all the weapons plaintiffs’ lawyers have now to prove a case — and figure out if we have one in the first place — it is hard to fathom how we can lose 40% of these cases.

December 8, 2024

Liposuction Malpractice Verdict and Appellate Opinion

by Ronald V. Miller, Jr.

In a new unreported Maryland Appellate Court opinion, the court reversed the trial court’s reduction of damages in a liposuction medical malpractice lawsuit. We will also look at recent liposuction settlements and verdicts.

Facts of Blackston v. Doctor’s Weight Loss Centers

This is a somewhat rare case where malpractice occurs in one state and the doctor is sued in another The claim involves a patient who underwent a liposuction procedure in Alexandria, Virginia, and subsequently suffered permanent physical and emotional injuries.