A former insurance law student of mine asked this week whether Pittsburgh Steelers quarterback Ben Roethlisberger’s failure to wear a helmet in his motorcycle accident earlier this month would be contributory negligence under Maryland law. Good question! Under the current state of the law, the answer is a qualified no.…
In a comment to my May 22, 2006 post on giving recorded statements to insurance companies, Atlanta personal injury lawyer Ken Shigley makes a great point about how lawyers can knock insurance companies off their moral high ground when an injury victim’s car accident lawyer refuses to give a recorded…
In his blog last year, Evan Schaeffer attached an article by Chicago attorney Paula E. Litt titled “Tips for Making Damages Testimony Come Alive.” Ms. Litt’s article offers twelve tips: (1) Speak plainly; (2) Establish credentials wisely; (3) Tell a good story; (4) Play from higher ground; (5) Show pictures;…
Today, for the first time in ten years, State Farm’s Baltimore office conducted a “Settlement Day” hosting eight Maryland law firms at their offices to settle State Farm auto and truck accident cases. The day was a success for our office; we settled 70% of the cases up for discussion.…
Voir dire is the selection process in which prospective jurors are questioned and challenged to weed out jurors who may hear the case with an inordinate amount of prejudice and bias that lurks in the thinking of every Maryland juror. In most jurisdictions, the potential jurors are examined either by…
Jury Verdict Research reports that the median compensation award in personal injury trials in New Hampshire is $45,000. This is much higher than the national median of $38,460. Also, New Hampshire personal injury victims are more likely to prevail at trial. New Hampshire plaintiffs get a recovery in 63% of…
Most insurance adjusters tell personal injury lawyers that they need a recorded statement from the lawyer’s client to “firm up liability” or to “assess credibility.” But providing a recorded statement is typically a “loose-tie.” It rarely results in a finding on liability in favor of the accident attorney’s client. Not…
A lawyer in Virginia emailed to ask me if failure to wear a child seat is contributory negligence in Maryland? Setting aside for a moment the abject irresponsibility of this mother who failed to ensure the safety of her child, the answer is no. Maryland Law The Maryland Transportation statute…
A few days ago, I wrote about a judge’s article entitled Alice in Discovery Land (A Practical Guide to Recurrent Discovery Problems) that appeared years ago in Maryland Litigator, quoting Judge Smith’s comment about the oxymoronic phrase independent medical exam. Counsel on both sides of the aisle have their own…
The Maryland Court of Special Appeals this morning issued its opinion in Maslow v. Vanguri. In this case, the court found that Plaintiff’s pursuit of an appeal after an adverse judgment given up the doctor’s insurance company’s obligation to pay her $250,000 that it owed to her as the result…