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  • $10,000,000 Malpractice Verdict
  • $8,000,000 Car Crash Verdict
  • $5,500,000 Malpractice Verdict
  • $5,200,000 Malpractice Verdict
  • $3,800,000 Malpractice Settlement
  • $3,250,000 Malpractice Settlement
  • $2,500,000 Surgical Error Verdict
  • $2,100,000 Product Defect Settlement
  • $1,300,000 Truck Crash Settlement
  • $1,100,000 Surgical Error Settlement

Any discussion of how much money a medical malpractice case in Maryland is worth begins with our cap on non-economic damages in malpractice.  The pain and suffering cap for 2018 in Maryland medical negligence cases is $800,000.  This same $800,000 cap applies to wrongful death cases where there is only one surviving family member.  If there are two or more surviving family members, then the non-economic damage cap rises to $1 million.

What Maryland’s Damage Cap Means and Does Not Mean

Does Maryland’s medical malpractice cap mean that you cannot get more than $800,000 or $1 million as the maximum possible recovery in a medical malpractice case?  No.  What it does mean is that this is the cap limit on non-economic damages.

If you have suffered a serious ear injury as the result of the negligence of someone else, you want to know the potential settlement value of our case.  The purpose of this page is to improve your understanding of the range of potential value of your claim.  We also have information elsewhere on the settlement value of hearing loss cases.

The ear is a complicated instrument, responsible for a variety of different functions in the body. Injuries that affect the outer, middle, or inner ear could result in vastly different symptoms, such as hearing loss, dizziness, or increased sensitivity to sound. In cases that involve an ear injury, it’s important to get specific.

There is no one-size-fits-all estimation for the value of an ear injury claim, so we have to take the symptoms, type of injury, severity, available treatments, recovery potential, and mechanism of injury into consideration for each and every individual case. With that in mind, this article will explore the different types of ear injuries that could arise from an auto accident or another traumatic event, and provide examples of trial verdicts and settlements for cases involving ear injuries. In addition to the type and severity of the ear damage, these sample cases will give you a sense of how claim value can also vary based on jurisdiction, the severity of any additional injuries, and a multitude of other factors.

Hypoxic-Ischemic perinatal encephalopathy (“HIE” for short) is loss of oxygen to the brain.  In slightly less than half of the cases, HIE can cause death or brain injuries.

What Causes HIE?

Obviously, the brain is the key to neurological function.  The brain commands and controls all of our essential actions and reactions.  This includes sending messages via neurotransmitters to control all of a person’s essential cognitive and physical functions.

The trucking business is a dog-eat-dog world.

Shippers want to get their products moved as cheaply as possible.  Smaller trucking companies are often the best choice to keep cost down.  Smaller trucking companies.  They have low overhead and simpler systems. Many trucking companies — usually smaller trucking companies — have less systemic checks and balances.  And they cut corners — safety corners — like crazy to keep costs down.

As a result of all of this, truck accidents happen.  Too many plaintiffs’ truck accident lawyers leave millions on the table because they do not explore potential claims against the brokers and shippers.

cross-examinationThe most important part of a personal injury trial is the plaintiff’s testimony.  Specifically, the most critical part of a trial is the personal injury plaintiff’s direct examination.  If it doesn’t go well when you are in total control of the process and the facts, it will be nearly impossible to get a favorable damages award. We believe in thoroughly preparing the plaintiff to testify, both on direct and cross-examination.  I would not be surprised to learn that our firm spends more time on direct examination preparation that any firm in Maryland.

Witness preparation is a broad term that covers any communication between a lawyer and a prospective witness done to get the most favorable possible substance or presentation of trial testimony.  It also helps the lawyer know precisely what the witness is going to say on direct examination.

By the time the trial draws near, most experienced personal injury lawyers will have a pretty good idea of what’s out there as far as potential cross-examination material. This comes from a variety of sources: interrogatory answers, medical records, deposition testimony, prior medical history, etc.  But you really do not know what someone is going to say until the tell you what they are going to say.  And, as experienced trial lawyers know, even then you are still not entirely sure what will come out of the witness’ mouth.

social-medi-300x256You know what’s funny about stuff you post on the internet? It’s public, and that means people can see it. This includes those you would rather not see it. For example, if you are a disability claimant, you may want to forego that chance to post a video on Youtube of yourself half-naked, covered in tin foil, breakdancing to “Magic Carpet Ride.” Once somebody sees it, you could have a problem with your total disability claim.

This is also very important for people who are making a personal injury claim. Nowadays just about everybody has some form of social media account, and just about all of them give the user the ability to post pictures or video. As a personal injury lawyer, increasingly I am seeing defense attorneys checking my clients out on the web, including social media accounts. Defense attorneys also seek access to these accounts in discovery. I always object to producing social media login information, and so far I have not yet had anyone take the issue before a judge.  Even posts without pictures that describe what you are doing or how you are feeling can be easily taken out of context.

But I do advise all of my clients that they should stay off social media entirely while they have a pending claim.  If that’s not possible, they should careful to never post anything that is even arguably inconsistent with the claim they are making- even to the extent of not posting a picture of yourself at a wedding, or outdoors smiling. It is very easy for that to be taken out of context.

Certainly, given their preference, plaintiffs’ lawyer will choice PG County or Baltimore City as the venue for almost any Maryland accident case.

If our case is not in Baltimore, we want to be in P.G County if I have a Maryland traffic accident case.

The difference cannot be understated.  There are other differences unrelated to the harm caused that make a difference like the type of case (e.g., auto versus malpractice), the likability of the parties, and whether the defendant is a person or a corporation or hospital.  But if you could have the same case in Prince George’s County or the Eastern Shore, There are some cases where the trial value of the claim might be worth twice as much.

Md-reporter-1Anybody who has seen the fantastic HBO series The Wire knows that the Baltimore Police have more than enough to do. Even with the recent drop in Baltimore’s murder rate, our police are still very busy.  The problem is not that they are offended by a subpoena.

This can cause problems for Baltimore injury lawyers who need police officers to appear in court for trials of injury cases. Because of the crushing workload these officers face, it can be difficult to contact them to serve a subpoena or to arrange for testimony.

Best Way to Get a Police Officer to Your Trial

Experienced truck accident lawyers know that when beginning to investigate a new matter, it is extremely important to hit the ground running. Why? Because the moment the client signs the retainer, you are already behind. Most likely, you are significantly behind.

Why? Because the trucking company and its’ defense team had a head start. The lawyers who defend trucking companies with regularity have a 24-hour crash line (ok, an associate with a cell phone) for the company to call immediately after the crash. As soon as dispatch knows there has been an accident, they call the number. Once the lawyer gets the call, they hustle to get somebody out to the scene. They call a reconstructionist who will be able to get there while the evidence is fresh and undisturbed. They get the vehicles and the scene photographed, and they get an investigator moving to obtain statements from the witnesses. This has all most likely happened before the injured person even thinks to call a lawyer.

On the other side, let’s assume the accident victim is badly injured. He’s in the hospital for two weeks. After he stabilizes, he begins the search for a personal injury lawyer. After talking with a few lawyers, he takes another week to decide which one he likes best and to sign a retainer. At that point, the lawyer has only had a client to represent for 5 minutes, and he’s already 3 weeks behind the defense in his investigation.

I just reached a settlement in a case that was set for trial next week. Obviously that is great news for my client, who now has some closure on a difficult period in his life.

But memorializing the agreement and having the clerk remove the case from the docket doesn’t mean the end of my job when it comes to settlement.

I had subpoenaed three witnesses to appear for trial: an independent “bystander” witness, a traffic engineer from the State Highway Administration, and a police officer. I made sure to contact each of these witnesses as soon as the case resolved to let them know they would not need to appear. They really appreciated that I let them know. The traffic engineer in particular made it a point to let me know how often attorneys subpoena witnesses from his office and then do not let them know when the case settles. Then they travel to court for nothing.

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