States

May 24, 2023

New Jersey Lab Error Dismissal Reversed

In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey.

Facts of Cenni v. Lab Corp

The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. The plaintiff argued that due to this error, her cervical cancer diagnosis for years, by which time the cancer had already progressed to stage four.

May 20, 2023

Missouri Personal Injury Verdicts and Settlements

by Ronald V. Miller, Jr.

On this page, we will look at personal injury lawsuits in Missouri. Our lawyers provide a very general overview of Missouri tort law, including the types of damages plaintiffs can get in Missouri and how long they can wait before filing a case, and what damage caps there are. We will also look at the average compensation payout in Missouri personal injury cases by examining sample verdicts and reported settlements from recent Missouri cases.

Damages in Missouri Personal Injury Cases

Under Missouri law, a plaintiff who is physically injured due to the negligent actions of the defendant is entitled to “damages” in the form of financial compensation to restore the plaintiff to the position they were in before the injury. Plaintiffs in Missouri personal injury cases are entitled to the following categories of damages:

May 18, 2023

Pennsylvania Sex Abuse Lawsuits and Settlements

by Ronald V. Miller, Jr.

Victims of sexual abuse or sexual assault have the right to file civil lawsuits and get financial compensation. Recent changes in the law are now making it easier for abuse victims to seek justice in the civil courts. This post will look at the process of filing sex abuse lawsuits in Pennsylvania and review the applicable laws related to sex abuse civil suits. We will also discuss the average settlement compensation and jury payouts of Pennsylvania sex abuse cases and look at recent verdicts and settlements.

The Definition of Sexual Abuse in Pennsylvania

Under Pennsylvania law, sexual assault or battery is defined as any non-consensual touching of a person’s intimate parts intentionally done for sexual gratification or arousal. Under this broad definition, anything from groping breasts at an office happy hour to forcible rape falls under the definition of sexual assault or abuse.

May 18, 2023

Utah Personal Injury Verdicts and Settlements

by Ronald V. Miller, Jr.

This page explores settlement amounts and jury payouts in personal injury and medical malpractice lawsuits in Utah. Our attorneys also provide an analysis of Utah personal injury law.

If you are a victim of personal injury initiating a compensation claim in Utah, you’ll want to know the potential range of settlement payouts for your case. Why? Because the ultimate aim of a personal injury or wrongful death claim is financial compensation. That is all the civil justice system can give you: money.

This page is designed to examine how personal injury and medical malpractice lawsuits in Utah have been resolved. You will be tempted to align your claim with Utah personal injury settlement statistics and example settlements and jury payouts. Caution is advised. You cannot compare two similar cases and anticipate similar results. No two cases are identical, and often what drives the settlement payout of a case isn’t apparent in a summary of the case. Yet, does examining comparable cases and statistics offer you more information about the potential value of your injury claim? Absolutely. That’s why we’ve presented this information, and why you’ve sought out this page, despite all the disclaimers about how statistics, sample settlements, and verdicts are of limited value.

May 16, 2023

Texas Personal Injury Settlement Amounts and Statistics

by Ronald V. Miller, Jr.

This page provides an exploration of settlement amounts and jury awards in personal injury cases in Texas. Our attorneys also do a deep dive into Texas personal injury law to help you better understand the lay of the land when bringing a personal injury claim in Texas.

If you’re a personal injury victim filing a compensation claim in Texas, you should want to know the potential range of settlement payouts for your case. Why? Because monetary compensation is ultimately what a personal injury or wrongful death claim is all about. The purpose of the system is to put a dollar amount on your suffering. Because that is all the civil justice system can provide for you.

This page is designed to survey how personal injury cases have been resolved in Texas, offering you the opportunity to align your claim with Texas personal injury settlement statistics and example settlements and jury awards. Tread lightly here. Drawing parallels between two seemingly similar cases and expecting similar outcomes is a fool’s errand. No two cases are identical, and sometimes, the factors that influence the settlement payout of a case are not readily apparent from a case summary. So why do we provide these to you? Examining comparable cases and statistics does provide more insight into the potential value of your injury claim.

May 15, 2023

Idaho Malpractice Plaintiffs Get New Trial

by Ronald V. Miller, Jr.

In an Idaho medical malpractice case, a couple, the Beebes, have challenged a jury verdict in favor of Northwest Specialty Hospital. The court found that the trial judge misinstructed the jury about proximate cause and improperly dismissed a wife’s loss of consortium claim prior to trial and ordered a new trial.

May 15, 2023

Vermont Injury Verdicts and Settlements

by Ronald V. Miller, Jr.

This page delves into settlement amounts and jury payouts in personal injury cases in Vermont. Our attorneys also provide an analysis of Vermont personal injury law that you need to know if you are bringing a lawsuit.

If you are a victim of personal injury filing a compensation claim in Vermont, you are certainly interested in understanding the potential range of settlement payouts for your claim. Why? Because the ultimate goal of a personal injury or wrongful death claim is financial compensation. This page is designed to analyze how personal injury cases have been resolved in Vermont, giving you the ability to align your claim with Vermont personal injury settlement statistics and example settlements and jury payouts.

But tread carefully. Comparing two similar cases and expecting the same outcome make sense in theory. But the cases rarely line up as they seem to. Each case is unique and often the driving factors behind a settlement payout cannot be encapsulated in a case summary. But analyzing similar cases and statistics does offer you more insight into the potential value of your injury claim. That is why we’ve collated and presented this information to you. So you can learn from example settlements as long as you take them with a bucket of salt.

May 15, 2023

Vermont Sex Abuse Lawsuits

by Ronald V. Miller, Jr.

Vermont has some of the best laws in the country when it comes to civil lawsuits for child sex abuse. Victims of sexual abuse in Vermont can file a civil lawsuit no matter how many decades have passed since the abuse occurred. This post will discuss how sex abuse victims can file civil lawsuits in Vermont and look at the potential settlement value of these cases.

How Does Vermont Define Sex Abuse?

Sexual abuse and sexual assault are defined by Vermont criminal law statutes. In the context of a civil lawsuit, sex abuse and assault is called “sexual battery.” Under Vermont law, sexual abuse is defined as intentional sexual contact (either directly or through clothing) of the intimate parts for the purpose of degrading or humiliating the victim or sexually gratifying the abuser. This definition covers everything from forcible rape to indecent exposure.

May 13, 2023

California Personal Injury Settlements

by Ronald V. Miller, Jr.

Jury Verdict Research did a study on personal injury verdicts in California. The study shows the compensatory median award for personal injury trials in California is $150,000. This is a lot higher than the national average of less than $40,000. But plaintiffs receive money damages in only 45 percent of cases that go to trial, which is 5% less than the national average.

Average Verdict in California

But what is the average verdict in a tort case? The average verdict is approximately $1.6 million. There is a big difference between median and average — 10 times more. When you are using this to get some lens into your own case, it is tricky. This is all how you turn the kaleidoscope.

May 12, 2023

Virginia Medical Malpractice Law and Settlement Value

by Ronald V. Miller, Jr.

Virginia is a big state, and Northern Virginia is one of the most densely populated metropolitan areas in the country. Thousands of medical malpractice cases get filed in Virginia’s civil courts each year. Like all states, Virginia has its own unique common law rules and statutory laws governing medical professionals’ liability and patients’ right to sue them. Although Miller & Zois is based in Maryland, we regularly handle cases in Virginia through a close working partnership with local counsel.

Anyone considering a medical malpractice lawsuit in Virginia needs to be familiar with the state’s malpractice laws because they can significantly impact medical medical malpractice lawsuit in Virginia needs to be familiar with the state’s malpractice laws because they can have a significant impact on the value of your case or whether you have the right to sue at all.

Virginia Medical Malpractice Settlements and Jury Payouts