Monday, October 17, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What impact does your lawyer have?

Obviously, your lawyer has a great deal to do with your case, the amount of your recovery, and your success at trial. Nationally, plaintiffs win their cases a little over ½ of the time [60% for the overall period 1992 to 2005,], but just barely over ½ of the time in 2005 [53%, the last year national statistics are available]. Baltimore personal injury law is not a television show. You are unlikely to come across that Baltimore personal injury lawyer who "has never lost a case". But  success at trial is a legitimate area of inquiry. You should ask you Baltimore personal injury lawyer the number of trials he or she has had in the last year. As for an approximation of their success rate. Insurance companies keep detailed records of lawyers that try cases, and those that do not.

Friday, October 14, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? SPECIFIC COMMON INJURIES Lumbar strain-sprain /Cervical strain-sprain [Whiplash]


Baltimore personalinjury lawyers handling motor vehicle and car accident cases deal with these types of injuries on a daily basis. A ligament is a sinew that attaches bone to bone. [e.g. the "ACL" / anterior cruciate ligament in the knee]. A tendon is a sinew that connects bone to muscle [e.g. the "Achilles tendon" in the leg]. When the forces involved in an automobile accident cause the ligaments in the neck and back to tear, doctors call this injury a sprain. When the forces involved in an automobile accident cause the tendons or muscles in the neck and back to fray or partially tear, doctors call this injury a strain. If the damage is severe enough, it's referred to as a full thickness tear. Sprains and strains are rated by severity from Grade 1 to Grade 3 [complete tear]. Injuries to the neck [cervical] or the back [lumbar] in auto accident cases are sometimes referred to collectively as strain/sprain. Baltimore personal injury lawyers practicing in the 70s, 80s and 90s would commonly see strain/sprain injuries to the neck referred to as "whiplash"- although use of this term is decreasing. [Baltimorepersonal injury lawyers practicing in a bygone era heard this condition referred to as "railroad spine".] In current parlance, cervical and lumbar strains and sprains are referred to as "soft tissue injuries". Although commonly used by medical professionals, the insurance industry often uses this phrase as a prejorative [e.g. "she can't be hurt, these injuries are all soft tissue".] Anyone who's ever had a cervical strain would justifiably be insulted by that statement.  Common complaints of accident victims with these injuries are pain, pain on movement loss of range of motion, stiffness, tightness and the like. If pain radiates into the extremities, it may be evidence of a more serious condition. Physical therapy, anti-inflammatory and pain medications and chiropractic care are the common modalities of treatment. Most of these types of injuries resolve within three months.

Thursday, October 13, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? How long does it take to get to trial?


The short answer is it takes a while. The most recent national study conducted by the Department of Justice found that, nationally, it took 27 months from the date the tort lawsuit was filed to have the case decided by a jury. On the upside, more than half of all cases filed were decided in less than two years from the date of filing. Baltimore personal injury lawyers will tell you that Baltimore city, routine motor vehicle accident cases are generally concluded in less than two years.

Wednesday, October 12, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What is the value of my Baltimore automobile accident?


The short answer is "not as much as it used to be". The most recent national study conducted by the Department of Justice found that- when adjusted for inflation- the average award in a motor vehicle accident case declined by almost 60% from $41,000 to $17,000 during the period 1992 to 2005. [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics]. Baltimore personal injury lawyers see every day that the major insurance companies have done a great job of convincing jurors, and judges, that one simply cannot be hurt in a "low-speed" collision, or an accident the leaves little property damage. I know a lot of people who believed that line –until they themselves  sustained a lasting injury as the result of a low speed / minimal property damage collision. Employing a seasoned Baltimore personal injury lawyer to handle your case and maximize your recovery has become more important than ever. [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics].

Monday, October 10, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Give me the numbers!

The most recent national study conducted by the Department of Justice tells us that the median award in all tort case is $24,000.00 [just as many awards below that number as above it].  2 out of 3 plaintiffs recovered $50,000 or less, while 4 out of 100 received a million or more. The median national award in a motor vehicle accident was $15,000 [again, just as many awards below that number as above it].  4 out of 10 motor vehicle accident victims received less than $10,000. A seasoned Baltimore personal injury lawyer can give you guidance on a reasonable value range for your case. Do you have a million dollar case? [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics].

Friday, October 7, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? What are my chances at trial?

The most recent national study conducted by the Department of Justice offers some interesting data on trials, generally, and degree of success, specifically. According to the data, only 3% of personal injury cases make it to trial. Plaintiffs win about 60% of the time. Take the time to discuss this with a Baltimore personalinjury lawyer. Every plaintiff, in my experience, thinks they have a case. Not everyone thinks they have a great case. Some do. But everyone thinks they "have a case". So, all those folks with cases, average to great, win a little more than ½ the time. A personal injury plaintiff in a tort case is most likely win in an animal attack case [75% win]. About 2 out of 3 automobile accident victims win. Most medical malpractice plaintiffs do not win [23%]. Most products liability plaintiffs in non-asbestos cases do not win [19%]. Outcome at trial is always risky. A seasoned Baltimore personal injury lawyer can improve your chances. [Statistics from Civil Justice Survey of State Courts, Langotn and Cohen, Bureau of Justice Statistics].

Wednesday, October 5, 2011

HOW MUCH IS MY BALTIMORE PERSONAL INJURY CASE WORTH? Does my doctor testify at my trial?


In the typical Baltimore personal injury case filed in District court, the plaintiff's medical records are admitted in evidence, and reviewed by the Court. In almost all cases, the treating or evaluating doctor is not called as a witness. In more serious Baltimore personal injury cases filed in Circuit court, doctors more frequently testify at trial, or by the use of a video taped deposition played at trial. The seasoned Baltimore personal injury lawyer can offer many reasons, both pro and con, for having a doctor testify. The most important, however, is often cost. Minimally, doctor's testimony, whether live or via video deposition, will cost $750-$1000. Some doctors will charge in excess of $5,000 to testify. The costs of the personal injury case, including expert witness fees, are paid by the client [although your personal injury lawyer may advance those costs], and obviously have a direct bearing on the amount of the ultimate recovery. Are there cases, though, where a doctor must testify? The plaintiff always has the burden of proof. Where the injury is apparent, or develops shortly after a negligent act, no expert [i.e. doctor's] testimony is needed to show causation. It is within the ken of the average juror.  However, in a Baltimore personal injury casewhere the cause of the injury, and its relation to a negligent act involves detailed medical issues, outside of common understanding, then a doctor's testimony will be required. Strong v. Prince George's Co., 549 A.2d 1142.