Lawsuit Information Center

October 7, 2009

Georgia’s Cap in Medical Malpractice Cases

Maryland and Georgia both have rulings on tap from their high courts on caps on economic damages. Georgia got the ball rolling yesterday when the Georgia Supreme Court heard arguments yesterday on whether its cap on damages for medical malpractice claims is constitutional. A Georgia medical malpractice lawyer argued for the Plaintiff that the tort reform law in 2005 is unconstitutional because it grants unfair preferences and exemptions to hospital emergency departments.

Plaintiffs have a real shot in this case. The Georgia high court has previously stuck down laws that gave special exemptions to asbestos manufacturers facing property claims. Stay tuned…. (UPDATE: NOPE.)

Georgia Malpractice Cap

June 24, 2009

Average Personal Injury Verdict in Florida: Settlements and Jury Awards in Florida

by Ronald V. Miller, Jr.

The average personal injury verdict in Florida is $1,819,751, according to Jury Verdict Research, a company that tracks jury verdicts. In Florida personal injury cases, plaintiffs win approximately 61 percent of cases that go to trial.

Florida’s threshold requiring a more serious injury in motor tort cases is one reason why the average jury verdict in Florida much higher than the national average. These Florida jury statistic verdicts also underscore that large cases inflate average jury verdicts and settlements. The median—as opposed to the average—money damages in Florida personal injury trials in Florida is $122,674.

If you have been injured in a serious car accident (our lawyers only handle serious claims), call us t 800-553-8082 or click here for free no-obligation consultation.

June 24, 2009

Florida Back Injury Settlements in Florida | Accident and Comp

by Ronald V. Miller, Jr.

Very dated but still interesting data on Florida workers’ compensation cases: the average back injury settlement was $ 38,000 with medical care continuing (called “keeping your case open”). The average workers’ compensation back injury settlement is $ 9,800 with no continuing opportunity for further medical care.

Average Back Injury Settlements (what can you expect as compensation for a back injury from a car accident)
Average Value of Florida Personal Injury Cases (statistics on Florida jury verdicts)

February 4, 2009

State Farm: Another Multiple of the Offer Verdict

by Ronald V. Miller, Jr.

Interesting car accident case reported in South Carolina Lawyers Weekly. Plaintiff was a passenger in a car driven by his grandmother, and a hit-and-run driver T-boned them at an intersection. It was a small accident case: medical bills totaling $3,230 and lost wages totaling $4,352.

State Farm, standing by its insured as always because, you know, you are in good hands, offered $6,500. Typical. At trial, State Farm’s lawyer argued during opening statements that the jury could determine whether what the Plaintiff had already been paid was sufficient. Plaintiff’s accident lawyer objected, and the trial judge sustained the objection and later instructed the jury to disregard the setoff argument in its deliberations because any setoff would be handled by the judge.

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December 22, 2008

Pennsylvania Informed Consent Law: New High Court Ruling

by Ronald V. Miller, Jr.

Pennsylvania’s highest court last week in Fitzpatrick v. Natter that circumstantial evidence provided by a plaintiff’s spouse in a medical malpractice lawsuit is sufficient to get past summary judgment in an informed consent malpractice claim. The court found that a Pennsylvania Superior Courty had erred in concluding that Pennsylvania’s informed consent law required the Plaintiff to testify herself about information that was not provided by her doctor.

December 2, 2008

Breast Cancer Statute of Limitations Case in Iowa

by Ronald V. Miller, Jr.

The Iowa Supreme Court reversed a Scott County District Court summary judgment ruling in an important discovery rule medical malpractice ruling. This case,Rock v. Warhank, is a failure to diagnose breast cancer case, rejecting malpractice defense lawyer claims that Plaintiff should have known of her injury, for purposes of the statute of limitations, just because a doctor made her aware that her breast was not normal.

Sample Iowa malpractice settlements and malpractice law
Breast cancer malpractice stories and case outcomes

October 27, 2008

11.4 Million Award in Birth Injury Medical Malpractice Lawsuit in Wisconsin

by Ronald V. Miller, Jr.

Note: We updated this page in 2023 to include Wisconsin birth injury settlements and verdicts.

A Crawford County, Wisconsin jury awarded a brain-damaged child and his family $11.4 million last week after a three-week medical malpractice trial. The article I read did not break down the economic versus non-economic damages of the award. Wisconsin has a cap on pain and suffering damages in medical malpractice cases of $750,000.

2018 Update: Mayo v. United Healthcare

October 15, 2008

Phantom Vehicle Uninsured Motorist Claims in Maryland

by Ronald V. Miller, Jr.

Mr. Miller:

Hi, I am a Maryland attorney and would like to get little mentoring on any differences between an unidentified motorist claim and an uninsured motorist claim. Please call or send me an email and I promise I’ll be brief. Thanks so much for any help!

Dear Maryland Attorney:

October 3, 2008

Spiriva Side Effects Lawsuit

by Ronald V. Miller, Jr.

The Journal of the American Medical Association reports that Spiriva HandiHaler patients may face an increased risk of heart attacks or strokes and other cardiac problems.

Concerns with Spiriva

The Spiriva HandiHaler (generic: tiotropium bromide inhalation powder) is an inhaler for long-term treatment of bronchospasm linked with chronic obstructive pulmonary disease (COPD). This disease is commonly described as emphysema and chronic bronchitis.

October 3, 2008

Wrongful Death Lawsuit Against Paramedics to Proceed, Court Rules

by Ronald V. Miller, Jr.

Yesterday, the Illinois Supreme Court ruled that a wrongful death lawsuit against the city Park Ridge can move forward because the city is not immune from a lawsuit. An Illinois trial court had granted the city’s motion for summary judgment.

This wrongful death case is gathering attention because of it bizarre facts. A 15-year-old boy’s father called 911 and reported that his son was unconscious and needed resuscitation. Paramedics arrived 5 minutes later but did not treat the patient. We have no idea why. The father called back at about eight hours later. When the paramedics arrived, the boy was in cardiac arrest. Tragically, hospital records showed that he died at the hospital from overdosing on cocaine and opiates.

Bizarre facts. The lawyer for the city of Park Ridge says he cannot talk about the case until it comes out in court. Please.