Massachusetts Personal Injury Blog

Interesting Data Regarding Truck Accident Verdicts

Colleague and fellow personal injury lawyer Ronald Miller has an informative post over at his Maryland Injury Lawyer Blog concerning truck accident verdicts.  Be sure to check out this very interesting blog.  Here is part of the post:

A recent Jury Verdict Research study revealed some interesting settlement and verdict data regarding truck accident cases. The most frequently cited injury in a truck accident cases, which is probably true for auto accident cases in general, is the back strain. Back strains, according to the study, drew a median verdict of $15,000.00. Brain injury cases, which accounted for only six percent of truck accident verdicts, had a median verdict of 1.3 million. Knee injuries accounted for four percent of the cases and had a median verdict of approximately $85,000.00.

The study also broke the verdict down into the type of truck accident collision which occurred and the median verdicts by type. Not surprisingly, the head-on collision had the highest median verdict of $275,000 and the "backing" collision (where a truck backs up into another vehicle) had the lowest of $33,000. The overall verdicts studied had a median verdict of $100,000.

Slip and Fall Claims and IME's in Massachusetts

If you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam).  This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states:  "When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control."

The IME will be arranged by the defense attorneys defending the case and will be paid for by the insurance company that insures the party that you are suing for injuries.  The doctor's report of his/her findings following the IME must be released to your attorney following a written request for same.

Remember that the IME doctor wants to have continued business from the insurance companies so therefore, do not be surprised if that doctor says in his/her report that you are not injured or, not injured to the extent that you claim.

Charlie Weis Loses Medical Malpractice Trial

This disappointing news comes courtesy of the Boston Globe:

Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago.

Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, said he doubted that his client would try to appeal the decision.

“Obviously, Mr. Weis and I are disappointed. We recognize these cases are very difficult. They involve very complicated medical facts, and the jury listens to very different views on complicated medical facts. Medical malpractice cases are very difficult.

“We will consider an appeal, but we have no intention to do so. There are no issues that came up at the trial that would appear to be the basis for an appeal.”

Mone said Weis was flying back to South Bend, Ind. this afternoon and couldn't be reached for comment.

Weis contended in his lawsuit that Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin had acted negligently by allowing him to bleed internally for 30 hours after the procedure June 14, 2002.

Lawsuits Brought by Minors in Massachusetts

Minors in Massachusetts cannot initiate a lawsuit.  When a minor, for example, has a personal injury claim that requires litigation, the lawsuit is brought by the minor's parents.  The parents, in the context of litigation, are referred to and named in the lawsuit as "next friend."  At times, a guardian must be appointed and approved by a court if the parents are not alive or do not have the capacity to act as "next friend" on behalf of the minor.

Personal Injury Mediation Information

I found this post over at San Francisco Mediation: A Better Solution authored by San Francisco Attorney Paula M. Lawhon that caught my attention because of its informative analysis of mediation in the context of a personal injury case.  It deftly chronicles the mediation process from start to finish.  If you will soon be involved in a mediation, irrespective of the type of case you have, I recommend checking out this post:

Here's an example of a recent personal injury mediation from a serious car accident (with some details changed to protect the privacy and confidentiality of the parties and the mediation):

The parties at the mediation were the injured woman (the plaintiff) and her attorney as well as the insurance carrier and the attorney appointed by the insurance carrier to defend the driver against the plaintiff's claims of serious personal injury from the car accident. The driver was not present because the insurance carrier and its attorney were there to represent his interests and they had the authority needed to make the decisions. (This is why we pay for car insurance.) The plaintiff was seeking almost $1 million in damages.

$13M Verdict Handed Down Today in Suffolk County

Today a Suffolk County jury awarded a man $13M for serious personal injuries he sustained after being struck by a motor vehicle.  The case name is William T. Dodge v. Arda Tezel.  With interest, the verdict comes to approximately $16M.  The plaintiff was however assessed 1% comparative negligence by the jury.  I will provide more information on this case as it becomes available. 

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

Boston Pediatrician Settles Malpractice Case After His Blog is Discovered

Boston pediatrician Robert P. Lindeman, MD was recently sued in connection with his alleged failure to diagnose diabetes in a young child.  A medical malpractice suit was brought against Lindeman in the Suffolk Superior Court due to the death of the child.  Remarkably, during the trial, Lindeman created a blog under the pseudonym "Flea" and during his trial posted material to the blog revealing, among other things, private conversations he had had with his defense attorneys regarding trial strategies.  "Flea" took down his blog recently and the medical malpractice case settled.

Here is the Boston Globe article published on May 31, 2007 regarding this puzzling and engrossing story:

It was a Perry Mason moment updated for the Internet age.

As Ivy League-educated pediatrician Robert P. Lindeman sat on the stand in Suffolk Superior Court this month, defending himself in a malpractice suit involving the death of a 12-year-old patient, the opposing counsel startled him with a question.

Was Lindeman Flea?

Flea, jurors in the case didn't know, was the screen name for a blogger who had written often and at length about a trial remarkably similar to the one that was going on in the courtroom that day.

In his blog, Flea had ridiculed the plaintiff's case and the plaintiff's lawyer. He had revealed the defense strategy. He had accused members of the jury of dozing.

With the jury looking on in puzzlement, Lindeman admitted that he was, in fact, Flea.

The next morning, on May 15, he agreed to pay what members of Boston's tight-knit legal community describe as a substantial settlement -- case closed.

Personal Injury Deposition Tips for Massachusetts Plaintiffs

Here are some basic deposition guidelines to consider if you are a plaintiff in a personal injury case:

1)  Know the date, time and location of the accident;

2)  Know where and when you sought medical treatment for your injuries;

3)  Do not give flowery answers; keep your answers brief and only answer the question that is asked;

4)  Do not get flustered or impatient with the defense attorney; stay calm, relaxed and confident;

5)  Review your answers to interrogatories well in advance of the deposition;

6)  Be prepared to discuss former accidents you have been involved in in the past and the injuries you sustained in those accidents;

7)  NEVER ask the defense attorney a question;

8)  Remember that everything said is under oath and is being recorded by the stenographer;

9)  Ask the defense attorney to repeat the question if you do not understand a particular question.

10)  RELAX knowing that you have brought this lawsuit and that you are therefore in the driver's seat; it is the defendant who should be nervous, not you.

The Importance of Disclosing Prior Accidents to Your Attorney

One of the first questions I ask a potential personal injury client is whether he has made any claims in the past.  Whether it be a motor vehicle accident, slip and fall or some other claim, it is important for me to know this information.  The reason is that the claims adjuster and the defense attorney (if the claim goes into suit) has access to a claims index.  If you have made claims in the past, they will appear in the claims index and will come up on a search.

Therefore, before meeting with your attorney for the first time, think back to any claims you have made in the past and write them down on a piece of paper.  Write down the approximate date of the accident, the type of accident it was, and any injuries you suffered as a result.

It is better that your attorney learn of these accidents at the beginning of the case, rather than during your deposition when the defense attorney will be sure to bring them up to weaken your case.

I was inspired to write this post after reading a similar post over at the Maryland Injury Lawyer Blog on this very topic.