Maryland Injury Law Center

Metro Verdicts Monthly’s cover graph is failure to diagnose breast cancer settlements and verdicts in Maryland, Washington, D.C., and Virginia. By some estimates, between 8% and 12% of cancer cases are initially misdiagnosed.

It is hard to call one type of cancer misdiagnosis case more tragic than another. Every misdiagnosis is going to decrease the chance of treating and defeating the cancer.

But many cancer misdiagnosis cases are not medical malpractice cases because the cancer is so aggressive, but breast cancer misdiagnosis cases are fueled by tragedy because breast cancer is often extremely manageable when caught early, and often fatal when missed. Continue reading

This page is about head injuries and their settlement compensation in personal injury lawsuits.

Our lawyers see a lot of head injuries in our practice.  Head injuries to automobile occupants have been shown to be a major cause of death and permanent brain injury. We see head injuries that range from headaches that resolve quickly to brain damage that destroys a life.

When it comes to determining appropriate settlement payout, head injuries might be the hardest personal injury claim to evaluate. Head injuries are a common occurrence in personal injury cases and they are often difficult to assess.  The head is a complex part of the body with delicate and vital structures. The effects of an injury to these structures may be subtle, slow to appear, and difficult to diagnose. Head injuries can also affect a person’s posture, appearance, and sensory organs, which can have a significant emotional impact on the person suffering the injury.

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 these cases is $98,160. Claims against recreational facilities were higher. The average verdict is $1,007,704 and the median verdict is $125,000. JVR defines these cases as a lawsuit that is brought against an individual, business, landlord, or organization responsible for the maintenance and safety of a property or structure.

Average v. Median Verdicts

When possible, I try to include the average and median data. Average verdict data includes large, often uncollectable verdicts that distort the reality. While both the silly case that never should have been filed and the $58,000,000 verdict don’t really apply to the valuation of your case, the former distorts the result more than the latter.

In the past, I have written on the settlement amount for fractured legs. Now, in a relentless, unyielding effort to cover the settlement and trial value of every bone in the human anatomy, let’s thin-slice broken legs a little thinner.

So we will look at femur fractures generally but drill down on settlement amounts in Maryland, the District of Columbia, and Virginia.

The median verdict or settlement amount of a femur fracture case in the District of Columbia is $250,000.00; in Virginia, it has been $200,000.00. However, the median verdict or settlement in a femur fracture case in Maryland has been $75,000.00. The national average is $167,000.

Continue reading

Our law firm has handled a lot of vertebrae fractures in car, motorcycle, and truck accident cases over the last 20 years.  A vertebrae fracture can be a serious, significant, and permanent injury to the musculoskeletal system. You wouldn’t wish this fracture on anyone.

What is the Average Value for Vision Loss Cases?

Metro Verdicts Monthly graph this month is the median verdict and settlement value of “vision loss” personal injury cases. Omitting defense verdicts, the average settlement/verdict in Washington D.C. is $500,000. What do you think the average is in Maryland? Somehow, I doubt you would guess anything in the neighborhood or even the zip code of $192,700. The difference between these two numbers is inexplicable. The average settlement/verdict in vision loss cases in Virginia is $450,000.

I suspect something is wrong with this analysis because I really don’t think Virginia juries value vision loss twice as much as Maryland juries. I’d pay extra if they would include in an appendix the data they used for these graphs.