Maryland Personal Injury Blog

Ski accident leads to settlement for beginner student

2010-06-25T17:37:00Z

Dartmouth College recently settled a lawsuit with regarding a student who was injured in a skiing accident that occurred while she was taking a skiing class. Apparently, the student skied into a tree during class. She was not wearing a helmet and was just a beginner. The student remained in a coma for 6 months before dying. This was a confidential settlement. Although there was probably an element of assumption of the risk in this case, the fact that the instructor did not have a beginning student wearing a helmet probably is what caused the defendant to agree to a settlement. Maryland Personal Injury Lawyer

Drunk driver

2010-06-14T20:15:11Z

In one of the largest verdicts in Arizona legal history, a family was awarded $ 40 million against a drunk driver. The defendant was a woman who had been drinking heavily at a local restuarant before getting behind the wheel of the car. The jury not only found the driver responsible, but it also found the restaurant liable for continuing to serve the driver alcohol as well as the City responsible for not making repairs to the roadway in a timely manner.This result would be unlikely in Maryland because of the statutory cap on damages. Moreover, Maryland does not recognize a claim against a bar for serving alcohol to someone subsequently involved in an accident except in very unusual circumstances. Maryland does not even allow punitive damages against a drink driver unless the plaintiff can prove almost an intentional act or malice towards the injured party. Because of the cap on pain and suffering damages in Maryland, it becomes important for the plaintiff to prove economic damages as well such as future medical care and future lost wages. Drunk driver kills another driver

Tractor trailer accident

2010-06-11T12:16:45Z

tractor trailer accidentA jury in California recently awarded a girl damages in the amount of $24.3 million. She was struck by an 18-wheeler six. Her father was the driver of the vehicle. He had been hired by a company to drive the vehicle. The girl was caught between the rear wheels of the vehicle and had multiple serious crush type injuries requiring many surgeries in the past as well as many projected surgeries. Under Maryland law there is a cap on what is called non economic damages-what most people think as pain and suffering. However, in a case like this in Maryland, the significant amount of damages would be what is called economic damages. These would include, but not be limited to, the cost of future surgeries, rehabilitation, lost income reduced to present value, modifications to home, wheel chairs, handicap vehicles and such other items the injured party would need for the rest of his or her life.

$ 15 million awarded in vehicle accident

2010-06-10T20:17:21Z

A Georgia jury has awarded $15 million to a family who was hit by a drunken driver and whose daughter suffered severe brain damage from the accident Allegedly, a drunken driver ran a red light and crashed into the plaintiff's vehicle. One of the passengers was thrown into the back seat causing severe head injury and dislocating it from the spine. Under Maryland law there would be a limit on what is known as non economic loss such as pain and suffering. This is a good example why the law in Maryland can be so unfair to seriously injured plaintiffs. Maryland Auto Accident Lawyer

Slip and Fall

2010-03-05T14:00:46Z

If a person has no reasonable alternative, he is not expected to not use his own property just because he knows of a dangerous condition. Look at Roundtree v. Lerner Development Co., 52 Md. App. 281 (1982). Assumption of the risk will not apply if there is no reasonable alternative. Prosser on Torts suggests that if there is really only one effective choice it is not a choice at all so there is no voluntary assumption of the risk. Another example is where a tenant is injured because of a defective toilet seat, there is no reasonable alternative. See Sacks v. Pleasant, 253 Md. 40, 251 A.2d 858 (1969). Often the defense will try to say that the Plaintiff created the dangerous situation by doing something he should not have done.Maryland Slip and Fall Lawyer

Medical Malpractice

2010-02-08T15:52:07Z

$ 4.4 million dollars was awarded to a South Carolina family because a girl died after sustaining injuries at birth. Apparently the baby was in fetal distress and the physicians did not act quickly enough. As a result, the girl suffered from cerebral palsy. Proper monitoring of fetal monitor strips and recognizing dangereous situations is very important for a physiican to live up to the required standard of care in the medical community. Although Maryland has a cap on what is called non economic damages, a life care plan for an injured infant at birth can reflect significant monetary damges just to take care of the baby for life. Learn more about Cerebral Palsy & Medical Malpractice.

Car Accident on Ice or Snow

2010-02-08T15:49:27Z

There are several reported Maryland cases regarding automobile accidents on ice or snow. They include Larkins v. Balt. Transit, 249 Md. 305; Billmeyer v. State f/u/o Whiteman, 192 Md. 419; Wolfe v. State f/u/o Brown, 173 Md. 103; and Trusty v. Wooden, 251 Md. 294. A person must use reasonable care when driving on ice or snow. This could include reducing speed and being aware of longer stopping distances. Car Accident on Ice or snow.

Slip and Fall Evidence

2010-02-04T14:34:32Z

Slip and Fall. The case law in Maryland suggests that in order to prevail on a slip and fall case where liquid has been left on the floor one must prove how long it had been there. It is not as simple as just saying there was liquid on the floor. There must have been sufficient time for the occupier of the property to observe and clean up the liquid. It may not be enough to say the liquid was dirty because there may not be any inferences that can be drawn from mere dirty liquid. If there were footprints in the liquid or other evidence to suggest length of time on the floor, perhaps one could win such a case. One of the important cases in this regard is Manns v. Giant of Maryland, LLC at 871 A. 2d 627, 161 Md. App. 620.

Drowning Victim at Beach

2010-02-02T19:21:13Z

Apparently the city of Miami has agreed to pay $ 5 million to the family of a man who drowned. He was attempting to save a woman who had been caught in a riptide. Florida has case law that suggests cities have a duty to advise beachgoers of dangerous tide conditions they either knew about or should have known about. Unfortunately, the city did not have lifeguards or any posted signs at the location of the drowning. In Maryland, there would be a cap on non economic loss damages so this type of settlement might not be possible. Maryland would also address the concept of tort immunity and a distinction between governmental and proprietary function would have to be addressed. Drowning at beach.

Insurance Company Can Refuse Payments

2010-01-29T14:09:40Z

An insurance company can refuse payments if their insured is not cooperative in the defense of a case. There are numerous cases on this subject but the basis for the proposition can be found in The Maryland Code, Insurance Article, 19-110. The cases suggest that the right to refuse payment derives from the fact that the insurance company has been prejudiced in their ability to properly defend the case. Prejudice, therefore, becomes the real issue in these cases. If, for example, the accident is a simple rear end accident where liability is virtually not in question, the suggestion of non cooperation might not apply because liability is often stipulated anyway. Moreover, if the defendant/insured really cannot offer any testimony regarding the injuries of a party at the scene of the accident, there can hardly be any prejudice under those circumstances either. Thus, the insurance company cannot just arbitrarily deny coverage of a claim because the insured failed to cooperate if the failure is inconsequential anyway. In order to invoke this defense, the insurance company must prove that the failure of cooperation has, in a significant way, precluded or hampered it from presenting a legitimate jury issue. Maryland Auto Accident Lawyer.

Large verdict in malpractice case

2010-01-20T17:36:59Z

A Texas jury recently awarded $ 4 million to a man who suffered significant injuries from a wrongfully performed bowel operation. The physician failed to detect a leaking bowel. As a result, the patient had to have most of his small bowel removed. If you or a loved one has been the victim of medical malpractice, please call one of our attorneys for a free consultation. Remember, a bad result does not necessarily mean there was medical malpractice. Medicine is not a perfect science. However, if there is a breach of the standard of care required for a particular procedure and damage results, one is entitled to file a medical malpractice claim. If you or a friend has suffered injury as a result of medical malpractice please call one of our attorneys for a free consultation. Maryland Medical Malpractice Lawyers

Large settlements in auto accident cases and the differences in jurisdictions

2010-01-12T20:07:06Z

http://www.foranlaw.com/resources/maryland-auto-accident-lawyer/what-to-do-after-an-accident.htmlIn an accident involving a 2006 crash that killed two people and left a third victim with permanent brain damage, an Illinois county settled the three claims for $ 15.5 million. Apparently, a sheriff's deputy slammed into the automobile being operated by one of the injured parties. Although wrongful death claims vary from state to state, Maryland and the District of Columbia do recognize wrongful death and survival action claims. There are procedurally and substantive differences between the jurisdictions but essentially they are to compensate the estate for any burial expenses, and medical bills, any conscious pain and suffering and in Maryland any grief. Lost wage claims are perhaps more significant in the District of Columbia because Maryland limits those claims from the date of injury to the date of death. The District of Columbia allows lost wage claims for the amount reasonably expected to earn during the lifetime of the deceased. The District of Columbia does not, however, provide for grief claims. There are caps on what is called non economic damages in Maryland. There are no such caps in the District of Columbia. Non economic damages usually are referred to as pain and suffering damages

Medical malpractice resulting in cerebral palsy

2009-12-21T18:43:10Z

A New York jury recently awarded $ 43.5 million to a woman who suffers cerebral palsy as a result of medical malpractice. The staff at the hospital failed for 10 minutes to properly resuscitate her, depriving her of oxygen for that period of time. This led to the brain damage. Unfortunately, attending physicians and other medical personnel must be prepared to act immediately in these type of situations because seconds count, not just minutes. With the technology available to doctors and nurses in a delivery room today, these events simply should not happen. This is what appears to be one of the largest verdicts ever in upstate New York. If you or a loved one has been the victim of medical malpractice, contact one of our attorneys today for a free legal consultation. All our attorney fees are contingent fees so there simply is no expense for you to find out if you have a claim.

Large verdict in bedsore case

2009-11-14T23:12:06Z

A quadriplegic was recently awarded damages in the amount of $ 2.2 million by a New York judge because he developed bedsores while recovering from a spinal cord injury. Apparently the staff at a hospital failed to regularly turn the man over during his stay in the hospital. The bedsores had to be closed surgically. As a result, the quadriplegic could not participate in required physical therapy for his other injuries. Unfortunately, bedsores are often found in nursing home situations because of inadequate staffing or training.

If you or loved one has a claim because of bedsores resulting from improper medical attention, call one of our attorneys for a free consultation.

Time frame for safe blood storage

2009-11-14T18:30:05Z

A recent study suggests that blood that is stored for more than 28 days before being used for transfusion may be more susceptible to infection. The study which included the time period between 2003 and 2006 indicates that people who were transfused with blood older than 28 days were twice as likely to develop pneumonia, urinary tract infections, heart valve infections, sepsis and other infections.