April 2010 Archives

Settlement Fractured Leg

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What does a fracture leg case settle for in a settlement with the insurance company?  According to one study, the average verdict at trial in a fracture leg lawsuit is $470,887.  While this is not an average settlement number because it represents verdicts not settlements, it is a lens to settlement value.  Still, every case is different. 


Cell Phone Related Accidents Statistics 2009

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Cell phone related accident statistics are pretty amazing: 342,000 auto accident injuries and $43 billion each year in property damage, lost wages, medical bills and fatalities.  Some statistics suggest that there are over 2,500 cell phone car accident related deaths in 2009.  

Trying to put 342,000 accidents in perspective is mind numbing.  You cannot help but wonder, given the improvements in technology and driver education and and safety, if all the talk would be how much safer road travel now is if it wasn't for cell phones.  Technology is giving to us... and taking away.   

Let's assume this study is exaggerating the impact of cell phone usage on car accident and the number is really 200,000.  Is using a cell phone while driving really worth 200,000 car accidents.

The moral of the story is that tough cell phone usage laws, while incredibly inconvenient for all of us, would decrease the death toll on our nation's highways.  It would cause a lot of car accident lawyers to lose their jobs and, ironically, I think this would be a great thing.

We often get calls from clients wanting to bring a legal malpractice claim because their lawyer foolishly recommended settlement.  A part of the reason why there are so many claims in this regard is that some lawyers do not want to try cases and will recommend a settlement in cases where a lawsuit would maximize the value of the claim.  

In order to state a cause of action for legal malpractice in Maryland, the claim must be based on a recommendation that a case be, or not be, settled, the injury victim's legal malpractice lawyer is required to specifically allege that the prior attorney's recommendation for settlement was one that no reasonable lawyer would have taken under the circumstances.  This law, regrettably, gives lawyers who wrongfully push clients to settle a pass. 

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This page is an archive of entries from April 2010 listed from newest to oldest.

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