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Personal Injury Law

Maryland Injury Lawyer Blog

Maryland personal injury related material from Miller & Zois.

Post Frequency: 4.4/day

Last Entry: April 01, 2011 at 15:16:36

Personal Injury Lawyer's Lost Coat Demand

Posted on March 12, 2010
A Houston personal injury lawyer has threatened the city of Houston, a concession company and Continental Airlines, claiming it is their fault he left his Polo coat behind at an airport food court. More PI Lawyer Bashing Personal Injury Lawyer Advertising Missing Pants Lawsuit Frivolous Lawsuits Normally, when a lawyer is under attack for doing something stupid, foolish, insane or [fill in your own adjective here], he is identified as a personal injury lawyer when he is really not...

Dram Shop in Maryland

Posted on March 11, 2010
A wrongful death lawsuit has been filed against a Chattanooga, Tennessee bar after a car accident killed a woman just a few days before Christmas. The case is an interesting twist on the classic dram shop case. The suit alleges that the bar gave its employees free alcohol and allowed one man to leave the bar obviously intoxicated...

Can Insurance Defendants Lay Low at Trial?

Posted on March 09, 2010
Insurance companies hate being named in an uninsured motorist case. Why? Because unlike most car accident trials, if the jury knows an insurance company is paying the damages, jurors become less concerned that the defendant is footing the bill themselves...

New Court of Appeals of Maryland Opinions

Posted on March 08, 2010
I summarized two new Court of Appeals of Maryland opinions elsewhere last week: Benway v. Maryland Port Authority and Darby v. Marley Cooling . Benway deals with a procedural issue with respect to when a party can file a summary judgment motion. Darby deals with an interesting Maryland workers' compensation issue (that I did not fully understand because I have never handled a workers' comp claim)...

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Personal Injury Settlements in Maryland: What Portion Is Marital Property?

Posted on March 01, 2010
The Maryland Court of Special Appeals addressed last week an issue that our personal injury clients in malpractice and accident cases have occasionally expressed: is my settlement or verdict my money or marital money I have to share with my spouse? In Murray v...

New Michigan Malpractice Rule

Posted on February 18, 2010
The Michigan Supreme Court issued an order requiring defendants in medical malpractice lawsuits to challenge deficiencies in Plaintiff's attorneys? notice of intention to sue and certificate of merit within 63 days of service. This rule also applies to challenges of the qualifications or eligibility of the signer...

Federal Malpractice Cap

Posted on February 17, 2010
Let's say Barack Obama decides to take a strong position on medical malpractice caps and puts his weight behind a bill to eliminate malpractice and other damage caps in all 50 states. This would be a huge windfall for our practice. But I would oppose this legislation...

Defensive Medicine

Posted on February 17, 2010
In the Tennesseean, an emergency room doctor admits to performing unnecessary tests to avoid malpractice lawsuits: In my personal practice, if I knew that I couldn't be sued except for things that I truly believe I should get sued over, I could eliminate half of my lab tests, two-thirds of my X-rays and 90 percent of my CT scans because all of those tests are done for my protection, not the patient's...

Personal Injury Leads

Posted on February 15, 2010
I get at least a call a day from some service or another that generates leads for personal injury claims, mostly accident or pharmaceutical drug product liability claims. They all leave the same message, pretending like they are either referring lawyers or victims themselves without actually saying as much, keeping it as vague as possible while trying to generate enough interest for a callback...

Car Accidents Cases Involving Turning Vehicles

Posted on February 10, 2010
One of the most difficult decisions an accident lawyer has to make is whether to take a case with fatal or catastrophic injuries where there is a significant dispute in liability - typically he said/she said. Nothing you read in this blog post is going to make that decision for you...

Baltimore Sun on Malpractice Courts

Posted on February 08, 2010
The Baltimore Sun continues to push the idea of medical malpractice cases being placed into some sort of health court. Naturally, as is their practice, the Sun offers no real details and no balance to the editorial besides blaming trial lawyers for everything but the Blizzard of 2010...

Illinois Malpractice Cap Ruled Unconstitutional

Posted on February 05, 2010
The Illinois Supreme Court made big news nationally when it issued its much awaited opinion in Lebron v. Gottlieb Memorial Hospital yesterday, The court overturned in a 4-2 ruling the Illinois five-year-old medical malpractice cap on damages because limiting compensation for injured malpractice victims for pain and suffering violated the Illinois constitution...

Gross Negligence Standard for Homeowners Defending Their Homes

Posted on February 04, 2010
Guy breaks into your house. Your are terrified that harm will come to you, your spouse or your children. Yet something holds you back from taking decisive action to protect your family.. the threat of a civil lawsuit by the burglar. To stop this insanity, House Bill 207 has been introduced by House Delegate William J...

Maryland Local Government Tort Claims Act

Posted on January 29, 2010
Yesterday, The Maryland Court of Appeals decided Prince George's County v. Longtin. The Plaintiff in this case was arrested for murdering his wife. When the real bad guy was found, Plaintiff brought a claim against Prince George?s County, alleging false imprisonment and, more significantly I think, that police officers engaged in a pattern or practice of ?unconstitutional and unlawful detention and interrogation? and ?excessive force and brutality...

St. Joseph's Stents and Lawyers

Posted on January 29, 2010
The Baltimore Sun has an interesting article on the race among lawyers to attract St. Joseph stent lawsuits that includes some quotes from me.

Defense Verdict in Medical Malpractice Lawsuit in Baltimore

Posted on January 27, 2010
A federal court jury in Baltimore found that an Elkton obstetrician was not liable in a medical malpractice lawsuit. The core of the case is bound to raise moral concerns with at least some jurors. Plaintiff claimed she would have terminated her pregnancy if she had been advised that her child had Down syndrome, claiming the child?s expected future medical care was projected to be as much as $16...

Haiti Relief

Posted on January 18, 2010
Miller & Zois will contribute a dollar to Doctors Without Borders for the Haitian Relief effort for every new fan we add on Facebook. So if you are not already in, become a fan by clicking here. We have already donated a dollar for each current Facebook fan we have to date...

St. Joseph's Scandal

Posted on January 15, 2010
St. Joseph Medical Center in Towson, a hospital known and respected in no small measure for its cardiology department, is being accused of conduct that goes well beyond medical malpractice. The allegations are beyond stunning: at least 369 of St. Joseph's heart patients have received coronary stents that were not medically necessary, putting these patients at greater risk of complication or further injury...

Trial Themes

Posted on January 14, 2010
Beth Osowski provides a nice list of trial themes for plaintiffs and defendants' lawyers in the Civil Litigation Blog. This is not a bad list to gloss over before trial if you are not crystal clear on what your trial theme(s) should be. I like that these themes are short and simple...

Facebook Fans

Posted on January 13, 2010
Last week, I announced our Miller & Zois new Facebook page. We had 31 fans. Today we have 325 and we continue to advance forward every day. I think that is pretty cool. If you are a regular reader, please click here and become a fan.

Maryland Medical Malpractice Cap Opinion: Plaintiffs Lose. Big.

Posted on January 13, 2010
In a 7-0 decision, the Maryland Court of Appeals overturned a Montgomery County trial judge?s ruling that Maryland?s medical malpractice cap applies to all malpractice lawsuits, including those where one of the parties waived health claims arbitration...

Expert Fees: Court Ruling in New Jersey

Posted on January 11, 2010
The Kentucky Injury Lawyer Blog reports that a federal judge in New Jersey held the line on rampant expert fees last week, holding that while neurosurgeons should be able to demand steep prices for their time, $7,000 for two hours is "near to being extortionate...

Maryland Court of Appeals Decision on Venue

Posted on January 08, 2010
Yesterday in Burnside v. Wong, the Maryland Court of Appeals affirmed the Court of Special Appeals and a Baltimore City trial judge?s finding that Baltimore County was the appropriate venue for a medical malpractice lawsuit filed in Baltimore City. The doctor had two contacts with Baltimore City that Plaintiff?s malpractice lawyer argued constituted doing business in the jurisdiction...

Miller & Zois on Twitter and Facebook

Posted on January 05, 2010
I can not long argue that social media is a passing fad. You can now follow Miller & Zois not only on Twitter but also now on Facebook. All of our blog posts are linked on Facebook and Twitter. So become a fan of Miller & Zois today. You can find Miller & Zois on Facebook...

SuperLawyers 2010

Posted on January 04, 2010
Five Miller & Zois lawyers were represented on the Maryland Superlawyer 2010 list: Ron Miller, Laura Zois, Rod Gaston, John Bratt, and John Cord. This honor is accorded to less than 5 percent of the total number of lawyers in Maryland. Some have questioned honors like these...

Hospital Executive Salaries

Posted on December 16, 2009
Normally, when the Pop Tort writes a post, I'm sitting in the amen chorus. Today's post is a little different. The post talks about excessive salaries of hospital executives, particularly at hospitals that are struggling financially. In the abstract, I do not mind hospital executives making a great deal of money...

Settlement Mill Law Firms and Settlements

Posted on December 14, 2009
Nora Freeman Engstrom writes an amazing article for the Georgetown Journal of Legal Ethics titled Run-of-the-Mill Justice. She writes about settlement mill law firms, writing with a 60 Minutes investigative journalism style that names names, calling out a few law firms she has labeled as settlement mill firms...

Settlement Negotiating Psychology: ?Tit for Tat? Negotiating Ploys

Posted on December 10, 2009
Gauging the next ?move? based solely upon how much the other side has budged- ?tit for tat? negotiations with no bearing on one?s own case evaluation is another common mediation mistake. It is understandable that negotiators and mediation participants desire proportionality and reciprocity in adjusting demands and counteroffers...

Speaking Engagement

Posted on December 07, 2009
I am going to be speaking to the North Carolina Advocates for Justice in Greensboro on Friday, December 11th on maximizing the value of personal injury claims and the related issue of dealing with insurance companies.

Summary Judgment Arguments

Posted on December 03, 2009
John Bratt's Baltimore Injury Lawyer Blog offers advice on defending motions for summary judgment. You can find sample oppositions to motions for summary judgment here.

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