There is a bill in the Maryland General Assembly that would allow punitive damages against drunk drivers who caused “injury or wrongful death while operating a motor vehicle.” Punitive damages would be available against drunk drivers: (1) With a blood alcohol concentration of over .15; or (2) With a blood…
Getting every last dollar the victims deserve Caps on non-economic damages make it impossible to receive true fair value in death claims in Maryland (and in most states). Accordingly, personal injury lawyers need to turn over every stone to maximize the economic damages in wrongful death cases. The future lost…
Pat Malone writes a guest blog on Don Keenan’s Trial Blog arguing that confidential settlements undermine public safety and justice. 2013 Update: the link is now broken, but this post is still worth reading. His point is that confidential settlements make it harder for future plaintiffs to get evidence and…
This post was supposed to be about Medicare set-asides but I started with such a long intro about the psychology of claims adjusters that I’ll just hit the Medicare issue in a later post. (Or I’ll completely forget about it.) To understand claims adjusters, get inside the labyrinth that is…
The Maryland Court of Appeals decided another case in the ongoing saga that continues to burn forests that is the Maryland Local Government Tort Claims Act. First, it is worth noting: the LGTCA is stupid. Really stupid. There is just no reason in 2015 why we put unreasonable burdens on…
Almost two years ago now, Medicaid/Medicare liens became even more difficult to deal with as the law pushed to the lawyers and insurance companies the obligation of confirmation and resolution of Medicare/Medicaid liens. I’m sure betting an insurance company has yet to receive a fine for not verifying a lien…
The Insurance Journal reports a rise in legal malpractice claims. Incredibly, there has been no hand wringing about increased malpractice rates for lawyers or fears that lawyers can no longer keep their practices open as their insurance rates rise. We have never had a legal malpractice claim yet our rates…
Rarely, but at least a few times a year, our law firm gets a wrongful death case in Maryland where, regardless of the facts, there is no claim. Here, the victim who may be loved by family and friends has no wrongful death claim because the victim has no spouse,…
Paul Luvera discusses a tough issue for Plaintiff’s lawyers: do you clue the jury in during your opening statement how much you will ask for in closing? I struggle with this and often opt for a middle ground. I lay out the foundation of what I will ask for: medical…
Yesterday, the Maryland Daily Record published the first of a three-part series I wrote with retired Judge Clifton J. Gordy (now a mediator and arbitrator) on mediation in serious personal injury and wrongful death claims. The article is for both plaintiff and defense lawyers looking to make mediations as productive…