Maryland Personal Injury Blog

Broken rotor blade of helicopter cause crash and results in death

2012-01-05T14:38:52Z

Recently a flight nurse's family settled a claim against a helicopter rotor blade manufacturer for $5.6 million. The nurse was killed in a crash when the main rotor apparently broke upon lift off. Product defects are frequently the cause for in flight accidents. As a result, manufacturers are often sued whenever there is an airplane accident. Read more about helicopter accidents here.

Truck accident causes brain damage and paralyzation

2011-12-28T19:57:30Z

A New York jury recently awarded a man who was struck by a Verizon company truck and who ended up in a coma and had brain damage the sum of $40 million. The work van was apparently traveling approximately 50 m.p.h. As a result of his injuries, the man has permanent problems including being partially paralyzed and suffering from the brain damage.

wrongful death caused by intoxicated driver

2011-12-23T17:47:01Z

In a recent wrongful death claim a Missouri police officer allegedly caused an accident that resulted in four deaths. A settlement was reached for $ 2.25 million to the surviving family members of the deceased parties. The driver, a police officer, was apparently intoxicated at the time of the collision and had significant blood alcohol levels in her blood even three hours after the accident. Read more about wrongful death cases here.

Bus accident

2011-12-08T14:35:27Z

A jury in New York recently awarded 7.5 million dollars to two women who were involved in a bus accident. Apparently, the bus ran a red light and struck an automobile, thereby causing significant injuries to the two women. The bus company was offered a settlement of $ 3 million but declined. Now they are exposed to the 7.5 million verdict. Bus accident can be particularly catastrophic because of the size of the bus and the inability to stop a bus as quickly as an automobile. If you or a loved one is involved in a bus accident, call the Law Firm of foran & Foran, P.A.

TMJ Issues in Accident Cases

2011-12-02T13:45:53Z

TMJ problems can often occur as a result of a traumatic injury. One of the primary symptoms is a headache. Headaches often come from the muscles of the head, face and neck. CAT scans and neurological testing sometimes does not locate the reason for the headaches because these tests frequently look for blood vessel disruption or neurological symptoms in the skull rather than problems with the muscles. Generally, if the headache is in the back of the head it is not related to TMJ issues. This is because the TMJ muscles are in the jaw area. Similarly, if the headache appears to be in the forehead, this is likely referred pain from the back of the head and not likely a TMJ problem. On the other hand if the client has a headaches that seems to be dominant in the area of the temples or seems to be all around the face, it is likely that there could be TMJ involvement. Symptoms to be concerned about regarding a TMJ problem diagnosis are: dizziness, light headedness, ringing in ears, ear pain, pain in facial muscles, pain in eyes, sore throat, opening or closing mouth pain, pain in jaw, clicking sounds in joints. TMJ symptoms can also be delayed for a period of time. Some studies have suggested that one in three accident victims often suffer from delayed TMJ symptoms. Read more about the language of medicine and TMJ here.

swimming pool accident

2011-11-23T15:58:19Z

A jury in Texas awarded $6.2 million in a case involving a person who dove into a partially filled swimming pool and became paralyzed as a result. The accident happened in an apartment complex. The case involved the issue of notice. The jury indicated that the apartment development should have affirmatively notified and warned swimmers of the danger of the low water level. Swimming pool accidents often involved catastrophic injuries. Although contributory negligence and assumption of the risk are available defenses in Maryland swimming pool accident cases, juries will look closely at the notice provided to the public regarding dangerous situations.

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.