Articles Posted in States

In an unreported opinion last month, the Supreme Court of Montana decided an appeal of an order granting a motion for judgment as a matter of law in favor of a doctor in Yellowstone County. The court found that the patient failed to present expert testimony that the doctor breached the standard of care in obtaining informed consent before performing surgery.

Facts of Greene v. McDowell

The Second Circuit ruled today in Edwardo v. The Roman Catholic Bishop of Providence that sexual misconduct committed by a Catholic priest from another state during a work-related trip does not establish the jurisdiction of Rhode Island parish under New York law.

The case is about a man who was tragically sexually abused and exploited between 1978 and 1984, when they were 12 to 17 years old, by a now-deceased priest from Rhode Island. The plaintiff sued the Roman Catholic Bishop of Providence, a church corporation in North Providence, and a retired bishop for various torts based on the defendants’ alleged role in enabling the abuse. The U.S. District Court for the Southern District of New York dismissed the lawsuit for lack of personal jurisdiction, finding that New York’s long-arm statute did not permit the court to exercise personal jurisdiction over the defendants. The plaintiff appealed to the Second Circuit.

Foley-Square_04070_Ext-Elevation-1065x710-1
Why sue in New York in the first place?  New York had a window that allowed sexual abuse claims that Rhode Island did not. Rhode Island extended its civil statute of limitations in 2019 for child sexual abuse cases. Under the new law, victims generally have until they reach the age of 53 to file a lawsuit against their abuser or the institution that enabled the abuse. This is a significant extension from the previous limit, which allowed victims only up to 7 years after turning 18 to file a lawsuit. It is unclear how the timing of this played out for this case but the case was originally filed in Rhode Island and dismissed as time-barred.  So New York was the only option plaintiffs had and that mean hoping New York would assert jurisdiction.

Let’s take a look at hospital malpractice verdicts and settlements in Massachusetts in recent years.  I’m writing this on March 31, 2021 so we do not have a ton in recent years.  

Why?  Hospitals in Massachusetts — or anywhere — are usually not racing to the courthouse steps to try cases.  They have too much in PR and goodwill to risk a loss so they settle the good cases they could lose. 

$2,750,000 Verdict (Massachusetts 2019): A man underwent a coccygectomy at Massachusetts General Hospital. Following the procedure, he suffered a wound infection. The man subsequently developed osteomyelitis, recurring anal fistulas, pudendal neuralgia, sexual dysfunction, and rectal and urological problems. He alleged that the surgeon’s negligence caused these permanent injuries. The man claimed he failed to recognize infection signs, order additional testing, and provide follow-up monitoring. He also made a vicarious liability claim against MGH. The defense denied liability. A Boston jury awarded $2,750,000.

Our law firm handles birth injury cases all over the country. We recently picked up a new case in Minnesota.  I think we can really help this child and this family.

In every state, we research the law and talk to local counsel. When our lawyers take a Minnesota birth injury case, we hire local lawyers in Minnesota to help. Does that cost the client more?  It does not.  It comes out of our fee when the case settles.  So families get two lawyers for the price of one.

I thought it would be a good idea to publish our research. If others had put their research online, it would have made our job a lot easier.

This page examines settlement amounts and jury awards in personal injury cases in the state of Washington. Our attorneys also provide a general overview of Washington personal injury law.

As a personal injury plaintiff in Washington, it’s natural to want to understand the potential range of settlement payouts for your claim. After all, money is ultimately the goal of a personal injury or wrongful death claim.

This page aims to explore how personal injury cases have been resolved in Washington, allowing you to compare your claim with Washington personal injury settlement statistics and examples of settlements and jury awards.

This page looks at the settlement and trial value of personal injury cases in California.  This page was last updated on January 18, 2023.

What Is a California Personal Injury Case Worth?

One study found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305.

CA-Verdicts-Graphs

What is the median verdict in a California wrongful death case?

According to a Jury Verdict Research study published this month, the average compensation for a personal injury lawsuit in Texas over the last six years is $826,892. The highest verdict was over $100 million, which obviously, inflated the average verdict. The median judgment is only $12,281.

Indeed, medical malpractice reform in Texas has not helped this number in recent years. A Texas medical malpractice lawyer is hard to find unless it is a birth injury case or other claims with long-term catastrophic injuries and future medical care or future lost wages.  So the average Texas medical malpractice settlement or verdict in a wrongful death case without significant economic loss is likely to be less than you would typically see elsewhere.

Keep in mind, too, Texas is less a state than several countries in terms of how they value personal injury cases.  So a verdict in East Texas might be very different from a verdict in San Antonio for the exact same case.

Mississippi law and Mississippi jurors give slip-and-fall victims a fair shake.  Here are some recent slip and fall verdicts and settlements in Mississippi.

Mississippi Slip and Fall Verdicts and Settlements

Below are recent Mississippi slip and fall cases.  A few years back in the Hattiesburg American, there was an article that slip and fall lawsuits in Mississippi were on the rise.  The article offers nothing substantive to support the premise; the opposite may be true.  We see fewer reported Mississippi slip-and-fall settlements and verdicts in 2023.

Contact Information