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A Prince George’s County jury on Friday awarded our client $5.5 million dollars for the wrongful death of her mother because of medical malpractice. The offer to settle before trial: zero.

Here’s what happens. A woman goes in for a cardiac bypass surgery. Her surgeon and two surgical technicians successfully bypass the problematic areas of her heart with vein grafts taken from one of her legs. Right before they close her up, someone (more on that later) places pacing wires on the surface of her heart. The surgeon and techs finish everything up, and the patient goes to recovery.

Keep in mind the pacing wires are a precautionary measure. When a patient’s chest is closed, the opposite ends of the wires are left outside the body. If a doctor needs to regulate a patient’s heart rate after surgery, the ends of the pacing wires are hooked up to a little machine that stimulates the heart just enough to get it to beat regularly. When the wires are no longer needed, they are gently pulled out of the body or clipped at the skin level and left in.

So, after the surgery, everything goes according to plan. Soon, our client’s mother is out of the ICU and in a regular hospital room. She and her daughter spent Saturday evening watching a TV program with Barbara Walters about open-heart surgery, and the entire family makes plans to watch the Super Bowl together in the hospital room the next day.

Our client and her mother reflect on the past few days as they watch TV, feeling like the worst was behind them. That’s the worst feeling. You think you have made it over the hill only to find out you have not even seen the hill yet. The daughter leaves the hospital to get some much-needed rest, not knowing that she had spoken with her mother for the last time.

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I was expecting and got a call Monday night. My parent Laura Zois was at trial in Frederick County in a rear-end car accident case. I got word of the verdict: $291,000 and some change. A verdict exceeding the at-fault driver’s of $100,000 and the uninsured motorist policy of $250,000. This is not our first excess verdict against State Farm and it won’t be our last.  But it always feels good.

State Farm claims are always a challenge to settle.  More than any other insurance company, they just do not make settlement offers that entice victims to settle before trial.  The settlement offer, in this case, was $8,200. I felt like we should have gotten an even larger verdict in this case.  I was a little disappointed we did not. This speaks volumes of where were are, at least in Maryland, with State Farm. We can get a verdict 35 times the settlement offer and still not view it as an epic victory. Because State Farm’s offer was not even remotely between reasonable.

Another Jury Verdict Against State Farm

Negotiating with Insurance Companies

I’m a big fan of science. I would think there would be one best way to approach a personal injury case. But I’m always amazed at how trial lawyers with such unbelievably different approaches and styles can be successful. But it is not just trial lawyers. If you look at the best of the best among politicians, musicians, actors, athletes, mathematicians, you name it; they are all different and approach their craft differently, albeit with some common threads.

The same is true with insurance companies. They all have the same general idea: take in lots of money in premiums and pay out as little money as in claims. For example, State Farm and GEICO have unbelievably different business models for running their business… including their approach to handling personal injury car accident claims.  Obviously, both companies are making money hand over fist.  But there is not one correct business model when trying to reduce the amount of money you will pay out in claims.  You need to know the model you are facing to figure best our how to maximize the value of the claim.  All roads lead to this Rome: you need to devise the tactics to get as much money for the claim as you can whether it is a $50,000 claim or a $5 million claim.

One of my jobs here is to discuss strategy with our lawyers on the cases they are handling in litigation. It is one of my favorite parts of the job. I’m providing strategy and tactical advice without having to do the heavy lifting. Whether it is an accident or a medical malpractice case, one of my first questions is, “Who is the insurance company?” (and “What are the policy limits?). Because you have to have some idea of who you are dealing with in trying to settle or even when you know you will try the case.

State Farm and Nationwide, for example, could have different approaches to personal injury cases. At Nationwide, a verdict that exceeds the policy limits by a $1 is a federal case. Alarms go off, file audits are conducted, and the world gets turned upside down. At State Farm, they call a day like this Tuesday.  It is just an ordinary thing that happens. This is a critical thing that you need to know when you are going into settlement negotiations.

Where to Find Detailed Analysis of the Insurance Company You are Facing

Below, I have analyzed the insurance companies/adjusting companies we deal with in 97% of the motor vehicle accident cases we handle. You can find it here. Jump on the first link at the top and locate the insurance company you are dealing with on your claim or just look for the box that lists the major insurers at the top of the page.

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