Arbitration is a form of resolving civil disputes privately, outside of the actual court system.  Instead of taking their case to court and having it decided by a jury or judge, both parties voluntarily agree to have the case heard and decided by a private arbitration panel.  Arbitration differs from court litigation in a number of significant ways.

It offers many advantages compared to a trial in the court system. But it also has a number of drawbacks.  This article summarizes both the perks of arbitration and the drawbacks as compared to the traditional method of litigating in the court system.

We do not arbitrate as many cases as we did ten years ago.  Why?  First, we handle more malpractice cases than we ever have and malpractice does not lend itself to arbitration.

In a personal injury lawsuit, plaintiffs are entitled to get compensation for the economic losses resulting from their injury, including lost earnings.  So if you’re not able to work for an extended time because of the injury, you are supposed to get money to compensate for the income you lost.

If you file a lawsuit and ask for lost earnings, you don’t simply tell the court how much you lost.  Damages for lost earnings must be calculated based on evidence.  If you are a W-2 employee with a salary, lost earnings calculation is easy.  You must present documentation from your employer stating what your lost wages were.  There may be a battle over whether the employee needed to take off work.  But the calculation itself is simple.

Self-Employed Calculations Are More Complex

If you are having back pain after a car crash, you are not alone.  Our law office represents hundreds of victims every year who have suffered back pain — typically low back pain — from a car accident.  I’m hoping this post answers a lot of questions you might have if you have suffered a back injury from a car accident.

What is causing lower back pain after a car accident?

Being involved in a car accident can lead to a wide variety of injuries from bumps and bruises to broken bones and even death. We have handled all of these types of cases too many times. But of all the cases we see, back injuries and the subsequent pain are common consequences of car collisions. If you were involved in a car accident, you may have wondered what caused your lower back pain.

back injury car accidentFirst, whether your vehicle struck another vehicle, a stationary object, or suffered a rollover, a vehicle’s passengers experience a tremendous amount of force during an accident. This force strains muscles, joints, and bones and can cause serious injuries. Even if a passenger is wearing a seatbelt or is protected by an airbag during an accident, the force of car collision can cause a jerking motion often referred to as whiplash. This can happen with little or no damage to the vehicle.  This is not just plaintiffs’ car accident lawyer puffery. There are many scientific peer-reviewed articles that show that the damage done to the vehicle does not always reflect the damage to the occupants.  Can you break eggs in a carton without damaging the carton? Whiplash can cause two types of lower back injuries—discogenic and facet joint injuries. Because of the physiology of the back and the proximity of the thirty-one pairs of nerves known as spinal cord, lower back injuries can lead to nerve damage and paralysis.

What is the lower back physiology?

The lower back is made up of the five lowest vertebrae (referred to as L1-L5) and is known as the lumbar region. This complex system of joints, ligaments, and tendons is responsible for supporting much of the upper body’s weight and protecting the spinal cord.

A series of intervertebral disks – rubbery donuts that act like cushions – serve as shock absorbers for the back. Disc herniation is a condition that occurs when the soft inner filling of the disc protrudes through the more robust outer encasing. Discogenic pain can be unpredictable and happen when a person is sitting, lying down, or moving. Discogenic pain generally causes a sharp, shooting pain that can radiate down the body.

What are some common lower back injuries?

Another type of back injury is a lumbar sprain. Lumbar sprains occur when muscle fibers are abnormally stretched or torn. Another common condition of the back is spinal stenosis, where a ruptured disc or bone fragment enters the spinal canal space, applying pressure to the nerves or spinal cord, which can lead to severe pain.

cervical spine herniated disc Facet joints work with the disks to facilitate and limit movement between the vertebrae. Cartilage surfaces surround facet joints and provide for low-friction motion. These joints define the back’s range of motion and prevent injury from occurring when a person bends too far in one direction. Facet joints have a large number of nerve endings and damage to these joints and the nearby nerves can cause severe pain. Frequently, sufferers of facet joints injuries can cause muscle spasms, which may force the spine out of alignment causing back and neck pain. For example, a patient may experience a muscle spasm that causes the joint to freeze or lock in place; this can occur abruptly and without notice.

How much money do back injury cases settle for when bringing a personal injury claim?

It is impossible to give an average back injury settlement number in a vacuum with completely misleading victims. But here are some statistics and sample verdicts and settlement in back injury cases.

Last week, the Baltimore City Department of Transportation announced that it is pushing its chips to the center of the table when it comes to speed and red light cameras.

Baltimore has a program called the City’s Automated Traffic Violation Enforcement System (ATVES).  Not so much to me because I’ve seen too many people’s lives ruined by speed and running red lights, but ATVES sounds very Orwellian to many Baltimore City drivers. ATVES is in charge of the automated speed trap and red light enforcement cameras in Baltimore City.

ATVES also does something that troubles people less, particularly those who have seen truck accident statistics in this country. It has a Commercial Vehicle Height Monitoring System Camera Program to enforce violations of commercial vehicles traveling on truck restricted roadways in Baltimore City.  We got a million dollar verdict in a case a few years back in no small measure because the jury was annoyed that the truck was in a place that it clearly should not have been.   This system definitely uses some bring brother technology,  using the truck’s height to determine whether the vehicle is over ¾ of a ton).

Hypoxic-Ischemic perinatal encephalopathy (“HIE” for short) is loss of oxygen to the brain. In slightly less than half of the cases, HIE can cause death or brain injuries.

What Causes HIE?

Obviously, the brain is the key to neurological function. The brain commands and controls all of our essential actions and reactions. This includes sending messages via neurotransmitters to control all of a person’s essential cognitive and physical functions. The brain is fed by blood and oxygen. All of our brains, especially the fetal brain in particular, are highly dependent on blood and oxygen to survive. If the fetal brain is deprived of blood and oxygen for a sufficient amount of time, it becomes permanently damaged by hypoxia and ischemia. Not only does the brain need oxygen, but the cells need oxygen too. Some birth injury cases (we are handling one now) involve damage to other vital organs that have suffered irreparable injury from lack of oxygen during the birthing process. Without oxygen, the vital cells in the brain and other organs shut down. To make matters worse, dead cells give off toxins which are called cytokines and which cause additional injuries above and beyond the ischemic injury initially caused by the lack of oxygen. The amount of time that the brain is deprived of oxygen is critical to the baby’s outcome. If the child’s brain is deprived of blood and oxygen for an extended period of time, 15 minutes is the amount of time often mentioned, then the brain becomes permanently damaged. The result is a brain that cannot provide normal neurological function, meaning that the person with the brain injury loses the mental and physical abilities to move, think, and live the way their DNA intended. The result in some cases could be cerebral palsy, spastic quadriplegia, seizures, epilepsy, and/or developmental and cognitive delays.

trial testimony preparationThe most important part of a personal injury trial is the plaintiff’s testimony.  Specifically, the most critical part of a trial is the personal injury plaintiff’s direct examination.  If it doesn’t go well when you are in total control of the process and the facts, it will be nearly impossible to get a favorable damages award. We believe in thoroughly preparing the plaintiff to testify, both on direct and cross-examination.  I would not be surprised to learn that our firm spends more time on direct examination preparation than any firm in Maryland.

Witness preparation is a broad term that covers any communication between a lawyer and a prospective witness done to get the most favorable possible substance or presentation of trial testimony.  It also helps the lawyer know precisely what the witness will say on direct examination.

By the time the trial draws near, most experienced personal injury lawyers will have a pretty good idea of what’s out there as far as potential cross-examination material. This comes from a variety of sources: interrogatory answers, medical records, deposition testimony, prior medical history, etc.  But you really do not know what someone will say until they tell you what they will say.  And, as experienced trial lawyers know, even then you are still not entirely sure what will come out of the witness’ mouth.

personal injury clients social mediaYou know what’s funny about stuff you post on the internet? It’s public, and that means people can see it. This includes those you would rather not see it. For example, if you are a disability claimant, you may want to forego that chance to post a video on YouTube of yourself half-naked, covered in tin foil, breakdancing to “Magic Carpet Ride.” Once somebody sees it, you could have a problem with your total disability claim.

This is also very important for people who are making a personal injury claim. Nowadays just about everybody has some form of social media account, and just about all of them give the user the ability to post pictures or videos.

As a personal injury lawyer, increasingly I am seeing defense attorneys checking my clients out on the web, including social media accounts. Defense attorneys also seek access to these accounts in discovery. I always object to producing social media login information, and so far I have not yet had anyone take the issue before a judge.  Even posts without pictures that describe what you are doing or how you are feeling can be easily taken out of context.

Certainly, given their preference, plaintiffs’ lawyer will choose PG County or Baltimore City as the venue for almost any Maryland accident case.

If our case is not in Baltimore, we want to be in P.G County if I have a Maryland traffic accident case.

The difference cannot be understated.  There are other differences unrelated to the harm caused that make a difference like the type of case (e.g., auto versus malpractice), the likability of the parties, and whether the defendant is a person or a corporation or hospital.  But if you could have the same case in Prince George’s County or the Eastern Shore, there are some cases where the trial value of the claim might be worth twice as much.

baltimore police cooperation accident casesAnybody who has seen the fantastic HBO series The Wire knows that the Baltimore Police have more than enough to do. Even with the recent drop in Baltimore’s murder rate, our police are still very busy.  The problem is not that they are offended by a subpoena.

This can cause problems for Baltimore injury lawyers who need police officers to appear in court for trials of injury cases. Because of the crushing workload these officers face, it can be difficult to contact them to serve a subpoena or to arrange for testimony.

Best Way to Get a Police Officer to Your Trial

Recently I was contacted by a very nice lady who was looking for an injury lawyer to handle a case involving the wrongful death of a family member in a Baltimore nursing home.

baltimore nursing home malpracticeWe handle a lot of nursing home cases and this call was very typical.  We get a lot of calls on nursing home cases, particularly when a serious injury or death is involved. It’s normal for a traumatic event like this to leave grief-stricken family members looking for answers.  In nursing home negligence claims, surviving family members call because they see the care at the nursing home.  In many of them, the care provided is awful.  Then, their mother/father/wife/husband/brother/sister dies.  They are calling to see if two plus two equals four.  Quite often, it does.

In this case, the caller was herself a licensed nurse-practitioner who had very specific information about exactly what she believed was done wrong. This is unusual simply because she had specialized knowledge that the average person would not.