Let me start off by saying I’m generally skeptical of the benefits of an accident reconstructionist as an expert witness in most car accident cases.

Why?  Generally, I think in most liability dispute cases, jurors feel like they have all the information to make the call. Jurors think they understand basic physics and who is telling the truth and rarely look for help from an accident reconstructionist.  We had a young lawyer trying his first case against a big law firm in a liability dispute case. The defendants hired one of the best accident reconstructionists in Maryland. Our client barely spoke English. We did not bring an expert. But we won because the jury heard the facts and believed our client.

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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.

In this post, we will look at personal injury cases in which the plaintiff is seeking compensation for an injury requiring spinal fusion surgery. Spinal fusion is a common treatment method for certain types of back injuries. When a plaintiff with a back injury undergoes spinal fusion surgery, it can greatly increase the compensation payout in their lawsuit.

Back Injuries in Personal Injury Lawsuits

Injuries to the back are exceedingly common in personal injury lawsuits, especially auto accident cases. Back injuries in tort cases can be grouped into 3 categories or levels based on the general severity of the injury.

LEVEL 1	Level 1 back injuries are the least serious and generally involve soft tissue damage with no permanent impairment. The most common Level 1 back injuries in auto accident cases are whiplash and back sprains.
LEVEL 2	Level 2 back injuries are more serious and usually require more extensive medical treatment. Common Level 2 back injuries include things like disc herniation and pinched nerves. Level 2 injuries can sometimes involve permanent impairment.
LEVEL 3	Level 3 back injuries are the most severe and can often result in permanent impairment or disability. Spinal fractures and dislocated vertebrae are examples of Level 3 back injuries. These usually only occur in high-speed accidents.

 

Settlement Payouts in Back Injury Cases

The settlement payout for a back injury in an auto accident case is largely dependent on the level of injury and the level of medical treatment it requires. The more extensive the plaintiff’s medical treatment for a back injury, the more financial compensation they will be entitled to in a lawsuit. Just like back injuries fall into levels of severity, treatment options for back injuries can also be grouped into 3 levels.

LEVEL 1: Medication & Therapy	The first level of treatment for almost any back injury is always some type of anti-inflammatory medication for pain management combined with physical therapy.
LEVEL 2: Steroid Injections	When pain medication and therapy do not eliminate the chronic pain of a back injury, the next level of medical treatment is epidural steroid injections. The injection of steroids into the epidural space of the spine can reduce inflammation and thereby alleviate pain.
LEVEL 3: Spinal Fusion Surgery	If the first 2 levels of treatment are not successful, the third and final level of treatment for chronic pain related to a back injury is spinal fusion surgery.

What is Spinal Fusion Surgery?

Spinal fusion is a type of back surgery that is utilized in the treatment of chronic pain from back injuries or degenerative conditions. In spinal fusion, vertebrae bones in the spine are surgically fused or joined together to form a single bone. Fusion of the vertebrae bones helps to reduce back pain by preventing the bones from moving independently.

Fusing the bones together is highly effective at eliminating back pain because it eliminates movement and pinching of adjacent nerves that are the source of the pain. The independent motion of the vertebrae bones is usually the primary source of pain related to back injuries. Fusion surgery seeks to eliminate this by immobilizing the bones.

Spinal fusion surgery is only an option when pain is being caused by the movement of the vertebrae bones and the source of the pain is known. Common accident-related back injuries that can be treated with spinal fusion include pinched nerves, herniated discs, spinal stenosis, and others.

Impact of Spinal Fusion Surgery on Compensation Payout

Reimbursement for medical expenses is always a major component of money damages in a personal injury case. This means that the more medical treatment and procedures a plaintiff undergoes, the more damages they will be entitled to. Whenever a plaintiff undergoes surgery it will significantly increase the amount of their medical damages because surgical procedures are very expensive. This is particularly true in back injury cases involving spinal fusion surgery.

When a plaintiff in a back injury case undergoes spinal fusion surgery as part of their treatment, it will usually double or triple the potential settlement payout value of their case. Spinal fusion surgery is expensive, so it will significantly increase the amount of medical expenses in the case.

The other reason spinal fusion surgery can boost the settlement value of a back injury case is that undergoing a surgical procedure automatically tends to validate the validity of the plaintiff’s pain & suffering claims. When the plaintiff only undergoes Level 1 or Level 2 treatment for a back injury, insurance adjusters and jurors tend to be more dismissive of pain & suffering allegations. When a plaintiff’s injury requires fusion surgery, however, the injury and resulting pain are viewed much differently and given more credit.

Verdicts & Settlements: Spinal Fusion Cases

Below are summaries of verdicts and reported settlements in recent cases in which the plaintiff received compensation after undergoing spinal fusion surgery.

• $43,131 Verdict (Pennsylvania 2022): vehicle accident caused plaintiff to suffer cervical disc injury which eventually required vertebra fusion surgery to treat.
• $580,923 Verdict (Wisconsin 2022): left turn accident involving a postal truck alleged caused C5-C6 disc damage which required discetomy and spinal fusion surgery with placement of a titanium plant and screws.
• $695,000 Settlement (Washington 2021): in addition to knee injury, plaintiff suffered back injury from collision which was initially treated with steroid injections and eventually with two-level spinal fusion surgery
• $100,000 Settlement (New York 2021): 14-year-old plaintiff suffered numerous injuries including back injuries that required spinal fusion surgery.
• $1,135,346 Verdict (Washington 2020): middle-aged woman received $1.1 for back injuries requiring spinal fusion surgery and for traumatic brain injury in a multi-car accident on the highway.
• $700,000 Settlement (California 2020): side-impact collision resulted in rib fractures, disc herniations, and spinal stenosis required spinal injections and eventually fusion surgery.
• $1,250,000 Settlement (California 2020): sternum fracture, lumbar herniation, cervical herniation, and shoulder impingements required injections and double spinal fusion surgery.
• $1,051,800 Verdict (Georgia 2020): mid-level injuries to the neck and back from rear-end accident required cervical discectomy and spinal fusion surgery.
• $2,300,000 Settlement (Florida 2019): 52-year old man underwent cervical and lumbar spinal fusion surgery to treat injuries to his lower back and neck which left him unable to work.
• $270,000 Settlement (Wisconsin 2019): middle-aged female suffered herniated discs in cervical spine and underwent extensive treatment including two-level cervical spinal fusion surgery.

How much money can you get from a spinal fusion surgery lawsuit settlement?

The average settlement money for a spinal fusion surgery lawsuit is between $150,000 and $200,000. The actual value of many cases may be limited the limits of the defendant’s liability insurance.

Will spinal fusion surgery increase my settlement?

Yes. Surgery will always increase the amount of a personal injury settlement because medical expenses are a main component of damages. In back injury cases, spinal fusion also adds validity to pain and suffering claims.

Is spinal fusion surgery effective?

Spinal fusion surgery is highly effective for certain types of back injuries, but it may be less effective for other types of injuries or conditions.

How long is the recovery time after spinal fusion surgery?

Spinal fusion surgery has a relatively long post-surgical recovery period. It can take anywhere from 4-6 weeks before normal movement and function is possible.

Can you mess up a spinal fusion?

Yes. The fusion between vertebrae bones can be broken or damaged after the surgery. This can result from another injury or from chronic conditions and other things.

In Berry v. Queen the Maryland Court of Appeals held that the cost of getting a rental car must be covered under the uninsured motorist component of auto insurance policies. This is a significant decision that will impact any Maryland drivers who get in an accident with an uninsured driver.  For the first time, we have a clear ruling that uninsured motorist coverage requires the insurance company to provide a rental car.

What Were the Facts in Berry v. Queen?

This was actually two cases involving the same issue that were consolidated for purposes of the opinion on appeal. The underlying facts of the cases had no real impact on the court’s analysis or decision, but they are worth a brief overview.  They both involve State Farm. We have had to battle State Farm many times to get our clients’ a rental car. So it is fitting these are State Farm cases.

Case 1

Do you want to make a pain and suffering claim without a lawyer?  I believe car crash injury victims are always better off hiring a lawyer for many reasons not worth fully exploring here (but I do here) even in soft tissue muscle, tendon, and ligament injury cases.

Why You May Not Want a Car Accident Attorney

But attorneys’ fees are a lot of money, usually taking one-third of your recovery. If there is any claim where an injured person can justify proceeding without a personal injury attorney, it is in the classic neck or back soft tissue/whiplash injury traffic collision case with pain and suffering but clearly no permanency. My belief has always been that the benefit of an experienced Maryland car accident attorney can bring to a case is proportionate to the severity of the injury. If you have a permanent injury, you are foolish if you don’t hire a lawyer. (I wouldn’t handle my own case, either. Because that is also an awful idea.)

A quality car crash attorney in serious injury and death cases will statistically get the injured party a lot more money.  I’m talking about the money that put in your pocket.  The same is probably true in tendon strain neck/back injury cases, too. But car accident lawyers cannot run from the fact that the difference is much less significant in smaller cases. 

Some people just prefer the path where lawyers are not taking money away from their settlement. So be it. As long as you understand you run a risk just like you run a risk when you try to install your own bathroom floor, just typically with a lot more money at stake. Continue reading

Becoming the victim of an auto accident can have a profound effect on your life. Even though an accident can happen in the span of a few seconds, it can cause death or injuries and hardships that last months, years, or a lifetime. With that in mind, victims of auto accidents should seek an attorney to ensure that they are compensated for their injuries and/or losses. However, not every attorney is qualified to handle every case. Clients should ensure that they receive the representation that they deserve.

Here are five things to consider when hiring a Maryland car accident attorney:

History of Results

Knee dislocations are relatively rare in automobile accidents.  But we have seen several of them recently, so I’m writing today about these injuries and to give you some idea of the potential settlement value of these claims.  If you are trying to find the general settlement value of knee injury cases, we provide statistics and verdicts for you elsewhere.

Knee Dislocations in Car Accidents

Knee dislocations are technically a dislocation of the patella. Our lawyers have seen a lot of these cases.  Our knees are in a grove at the end of our thigh bones.  This allows the kneecap to slide back and forth.  When our clients have a knee dislocation, what we see is the kneecap is completely out of the knee’s grove.  You can see it off to the side of the bone. If it is just partially out and perched on the edge, that is a subluxation or partially dislocated knee.

I just hung up with an adjuster from Erie after a settlement call.  It is difficult to settle a personal injury claim with an adjuster who does not — or pretends not to — understand the law.

One thing I can say about Erie is that the Erie adjusters—particularly in larger cases—are pretty sophisticated. Agree or disagree with them, they are usually very sharp. Their defense lawyers—Erie relies on Rollins Smalkin a lot in the Baltimore area and McCarthy Wilson throughout much of the rest of Maryland—are very competent and easy to deal with on personal injury claims. So when I see an Erie defendant, I expect a worthy but reasonable adversary.

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I have long said it is an open question under Maryland law whether you are required to give a recorded statement to your own insurance company if you are making an uninsured motorist claim even if the insurance contract obligates you to do so.

The theory is that Maryland has a statutory scheme that preempts any such contractual obligation imposed by the contract.  I didn’t make this up, I stole it from Janquitto’s book on Maryland insurance law.  (You should own if you are a lawyer handling auto tort cases in Maryland.)

I’m not sure whether this argument was advanced in Dolan v. Kemper, a new Maryland Court of Special Appeals case decided last week.  But if it was, the CSA shut the door on it.

Some of the most serious personal injury cases our firm handles involve motorcycle accidents.  Too often, other drivers don’t pay attention or fail to yield to motorcycles.  Even a minor collision can cause significant injury or even death for a motorcycle rider.  Our lawyers have been successful in obtaining significant settlements and verdicts in Motorcycle cases throughout Maryland.  Our singular focus is to assist our clients in getting the maximum amount of financial compensation for their motorcycle accident case.

How Much is a Motorcycle Accident Case Worth?

There is no definitive answer to this question of the settlement value of the average Maryland motorcycle accident cases.   If anyone spends more time trying to figure out how to objectively understand the range of settlement and trial values for personal injury claims, I want to meet that person. I regularly track analytics on average financial awards for many accident cases, not just in Maryland but around the country.  But every case is unique making value comparisons very difficult.  Moreover, the many motorcycle accident cases — including many of ours — are resolved with confidential settlements that are not reported.

A national study published by Jury Verdict Research found that the average verdict amount in motorcycle accident cases is around $575,000.  By comparison, the median motorcycle accident case verdict is about $75,000.

This is the median.  The average verdict is much higher.  This does not speak to the average motorcycle accident settlement amount because these are cases that go to trial.  But this data is instructive in giving you a better understanding of the typical range of settlement values.

Factors that Affect the Value of a Motorcycle Accident Case

Nature of Injuries

Just like any personal injury case, the extent and severity of injuries will be the most important factor in determining the ultimate value of a motorcycle case.  Comparatively minor, non-disabling injuries such as herniated discs and “soft tissue” injuries have less value.

Example Soft Tissue Injury Case:

Plaintiff was on his motorcycle with the right of way when the defendant turned in front of him causing an accident.  Injuries included a torn knee ligament, disc herniations,  and other soft tissue injuries.  The defendant fully admitted fault for the accident but alleged that the plaintiff’s injuries were pre-existing and not really caused by the accident.  The jury awarded $300,000. This is definitely on the high-end of what you can expect to get in a case involving these types of injuries.  This is a Miller & Zois case that I handled.

For obvious reasons, motorcycle accidents often result in very serious injuries or death.  These types of cases can have a very high value.  However, the limits of the insurance policies at issue can sometimes drive down settlement values.

Example Motorcycle Wrongful Death Case

Plaintiff was on his motorcycle with the right of way in Prince George’s County when he was hit and killed by a truck.  In defense, the truck driver alleged that the plaintiff was contributorily negligent because he may have been speeding and did not have a motorcycle license.  The plaintiff was relatively young and left behind 2 young children.  We ultimately settled this wrongful death claim for $750,000.  This was actually lower than what this claim was potentially worth, but the family wanted a quick resolution.  This was a Miller & Zois case I handled.

Liability Dispute

In most motorcycle accident cases, it is very obvious who was at fault for the accident.  For example, if a motorcycle gets rear-ended while stopped at a red light, the other driver is at fault.  The only disputed issue, in this case, would be the extent and value of the resulting injuries. When fault is in dispute, however, it might drive down the value of the case.

Example of Disputed Liability Case

This motorcycle accident occurred on the Baltimore Beltway (I-695) near the Old Court Road Exit. Plaintiff was riding his motorcycle in the left lane of the inner loop.  The defendant made a U-turn from the outer loop through an emergency vehicle crossway and caused the accident with the plaintiff.   Liability for the accident was disputed because the defendant was in a construction vehicle with flashing safety lights at the time of the accident.  The plaintiff’s injuries included several broken ribs; a broken elbow and many cuts and contusions.  The case settled for $390,000.  This was a Miller & Zois case that I handled.

Motorcycle Accident Settlements & Verdicts

Below are summaries of the facts in several significant verdicts and reported settlements in motorcycle accident cases.

• Fields v Grudzien (Washington 2020) $31,000: A man was riding his Harley Davidson motorcycle as he approached an intersection in Tacoma. A vehicle pulled into the roadway, stopped, and collided with the motorcycle. The impact threw the man off his motorcycle, and he landed on his back 30 feet from the site of collision. He suffered a neck injury and left shoulder radiculopathy. The man sought chiropractic and physical therapy for treatment. The jury awarded a $31,000 verdict.
• Larson v O’Reilly (California 2020) $615,000: The 72-year-old man was motorcycling on a state highway. After approaching an intersection, a vehicle struck him as it was attempting a left turn. The impact threw him into the vehicle’s hood. He suffered multiple foot fractures. HIs left toe became necrotic and became amputated. The jury awarded him $615,000.
• Ortiz v Watson-Brown (New York 2020) $1.22 million: The 23-year-old man was riding his motorcycle in Manhattan. He collided with a stopped car that was discharging a passenger. The impact threw him onto the road. A transit bus struck him shortly after. He suffered ankle, leg, and foot injuries. Despite seeking multiple treatments, he continued to experience residual pain throughout his body. He sued the driver, the bus driver, and the New York City Transit Authority for negligence. The driver’s insurance tendered a $25,000 policy and the New York City Transit Authority agreed to settle for $1.2 million. The man’s recovery totaled $1,225,000.
• Cabrera v MABSTOA (New York 2017) $5.1 million: The 59-year-old plaintiff was a passenger on a motorcycle that was sideswiped by a transit bus causing the motorcycle to slam into a concrete bridge column. The question of fault was very much in dispute at trial. There were conflicting factual accounts from the bus driver and plaintiff about who swiped who.  The jury ultimately found that the bus driver was 30% at fault for the accident.  Under New York law this resulted in full joint and several liability for the damages.  The plaintiff was awarded $5.1 million in damages in compensation for a number of very serious and permanent injuries.
• Colorio v Laskowitz (New York 2017) $250,000: Plaintiff was on her motorcycle on a single lane exit ramp when the defendant attempted to illegally pass her in his SUV. The SUV struck the plaintiff’s motorcycle.  The defendant’s fault for the accident was not in dispute, and the case proceeded on the issue of damages.  Plaintiff suffered a broken nose and some dental damage (but no lost teeth) and was left with a scar on her upper lip.  The case settled for $250,000.
• Corbin v Auto-Owners Ins Co. (Florida 2017) $381,000: Plaintiff, 44-years old and unemployed, was riding his motorcycle behind the defendant’s car when they both came to a stop at a red light. After they stopped, the defendant backed his car up and ended up hitting the plaintiff on his motorcycle.  There was a factual dispute because the defendant claimed he only back up 6 inches and therefore plaintiff was liable for stopping too close behind.  Plaintiff did seek any medical treatment until a week after the accident when he went to a chiropractor.  Plaintiff was eventually diagnosed with epicondylitis (tennis elbow) in both arms, for which he received plasma therapy and steroid pain injections.  Plaintiff also alleged cartilage damage in his knee.  After a 3 day trial, a jury in Broward County awarded $381,044 in damages.
• Sires v Nilsson (Texas 2017) $4.5 million: Plaintiff, a 63-year-old painter, was riding in a group of 3 motorcycles. The defendant was driving an 18-wheeler truck in the left lane when he suddenly made a wide right turn across plaintiff in the right lane.  Plaintiff could not stop in time and slid under the trailer of the truck.  The plaintiff was pronounced dead at the scene from massive head trauma.  The driver of the truck was allegedly fatigued and had lied on his mileage log in order to work additional hours.  The wrongful death action was brought against the driver, his employer trucking company, and a related company.  The jury awarded damages of $4.5 million.
• Kadylak v Royal Caribbean Cruise Lines (Florida 2017) $1.3 million: Plaintiff was part of a motorcycle island tour group in the Bahamas. One of the tour guides, an employee of the cruise line, lost control of his motorcycle and crushed the plaintiff’s leg requiring surgery to repair.  Plaintiff sued the cruise line, claiming that it knew or should have known that the employee was not qualified to be on a motorcycle.
• Pagan v Fernandez (New Jersey 2013) $2 million: The defendant made a u-turn in order to park on the opposite side of the street causing a collision with the plaintiff who ran into him on his motorcycle. Surveillance video captured the accident and showed that plaintiff was traveling 70 mph on a 25 mph zone when the accident occurred (a common occurrence in many motorcycle cases). Plaintiff suffered massive injuries from the accident and died a few days later. The case settled before trial for $2 million.
• H. Pro Ami v Lunde (Nevada 2013) $100,000: Plaintiff was a 12-year-old passenger when his stepfather lost control of his motorcycle and went off the road. The stepfather was killed, and the plaintiff suffered a broken wrist, 2 broken fingers, and several broken ribs.  The cases settled for the stepfather’s policy limits of $100,000.  This is another problem with looking at average settlement data — cases like this get lumped into the pool.  Clearly, this case was worth more than $100,000 but sometimes you are stuck with the insurance policy limits.
• Lim v Middlesex Corp (Florida 2005) $25,000: Plaintiff got in a single-vehicle accident on his motorcycle near a road work site. He sued the state highway department and the construction contractor for failing to maintain a safe work zone.  Plaintiff suffered a herniated disc and other soft tissue injuries for which the jury awarded $25,000.
• Bryan v Hanson (Florida 2009) $3.9 million: Defendant pizza delivery driver made a left turn right in front of the plaintiff on his motorcycle resulting in an accident that crushed the plaintiff’s leg. Plaintiff’s leg was surgically amputated above the knee.  After a 4 day trial, the jury in Bradford County awarded $3.9 million.

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