Published on: August 19, 2009

How Much Do Personal Injury Lawyers Charge in Massachusetts?

Generally, lawyers who take on auto accident, slip and fall, dog bite, and other personal injury cases charge a fee of 1/3 of the recovery. Very seldom does a lawyer who represents personal injury victims charge by the hour.

What the 1/3 percentage fee means is that if the lawyer obtains a settlement, or verdict for the client, the lawyer will take 1/3 of the recovery, plus the expenses the lawyer advanced. Some lawyers charge a lower percentage, some charge a higher percentage than 1/3. Some lawyers will charge a fixed percent, but if the case is put into litigation, the percentage fee may increase. It all depends on the lawyer and how he or she structures their contingent fee schedules.

Finally, some lawyers are willing to negotiate the percentage of the fee with prospective clients.

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Published on: August 17, 2009

Will My Personal Injury Case Go To Trial?

By Christopher Earley

Will My Personal Injury Case Go To Trial?

Will my personal injury case go to trial? The short answer: it depends if you want it to or not. Most cases involving personal injury such as motor vehicle auto accidents are resolved before trial. The reason most cases settle before trial is that jury, as well as bench trials (a judge decides the case outcome), are so uncertain. Their outcomes are so uncertain that they create great risk for the litigants.

Once the case is tried in court, the parties essentially lose control over the case outcome and agree that final resolution will be decided by a third-party.

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Published on: July 24, 2007

Charlie Weis Loses Medical Malpractice Trial

By Christopher Earley

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.

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Published on: June 15, 2007

New “Massachusetts Lawyers Weekly” Publication for Non-Lawyers

By Christopher Earley

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.

Published on: June 15, 2007

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

By Christopher Earley

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.

Published on: June 1, 2007

Boston Pediatrician Settles Malpractice Case After His Blog is Discovered

By Christopher Earley

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.

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Published on: April 27, 2007

Why Doctors Have the Advantage in Medical Malpractice Trials

By Christopher Earley

I found the following post on the Atlanta Injury Law & Civil Litigation Blog which makes reference to a report published in the May issue of the Michigan Law Review about how, and why doctors have the advantate in medical malpractice trials. Here is the post:

A report which will be published in May in the Michigan Law Review.confirms what most tort law practitioners have long recognized: the defense has a strong advantage in medical malpractice trials.

Philip Peters Jr., of the University of Missouri-Columbia School of Law, concluded that juries treat doctors favorably, "perhaps unfairly so," and are more likely than even fellow physicians to defer to a doctor’s opinion. Peters found that most malpractice suits end in defense verdicts, and that the cases that go to trial tend to be the weakest ones, since those with strong evidence usually settle before trial.In an examination of win rates, Peters found that 27 percent to 30 percent of filed medical malpractice suits end in a plaintiff’s verdict, the lowest success rate of any type of tort litigation.

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Published on: April 15, 2007

Are Medical Malpractice Settlements Taxable in Massachusetts?

By Christopher Earley

No. As is the case with auto accident, slip and fall, dog bite, and all other personal injury settlements, medical malpractice settlements are not taxable in Massachusetts. The reason such settlements are not taxable is because they are intended to put the injury victim in the position they were in before the accident. Receiving a settlement is not a taxable event because there is no "gain" because the injury victim is "made whole" through the settlement. However, settlements for emotional distress, as well as punitive damage awards, are in fact taxable.

Published on: March 20, 2007

Misdiagnosis and How it Leads to Medical Malpractice Claims in Massachusetts

By Christopher Earley

Here is an excellent op-ed article from yesterday’s (March 19, 2007) Boston Globe written by Massachusetts doctor Jerome Groopman, M.D. The article provides explanations as to why doctors make mistakes in Massachusetts. Unfortunately, these mistakes often lead to medical malpractice claims against these doctors. Here is the article:

Five years ago, a woman named Leslie developed indigestion, abdominal discomfort , and, occasionally, diarrhea. She has just given birth to her third child, and life was understandably hectic at home. Her primary-care physician gave her antacids, but this afforded only slight relief.

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Published on: March 12, 2007

Some Alarming Facts About Medical Malpractice

By Christopher Earley

Massachusetts medical malpractice causes harm and even death to many innocent Massachusetts residents each year. Also, on a national level, medical malpractice occurs with alarming frequency. Here is some information I found at personalinjuryfyi.com regarding the prevalence of medical malpractice across the country each year:

"Medical malpractice is now considered between the fifth and eighth leading cause of death in the United States, according to the Henry J. Kaiser Family Foundation. Researchers report that roughly 5 to 10 percent of all patients admitted to hospitals this year will fall victim to medical negligence, whether in the form of a surgical mistake, wrong prescription, birth injury, or other type of error. Based on these hospitals’ track records, this sounds about right: annually, up to 98,00 0 people die from preventable medical errors, 2 million patients contract infections in hospitals, and approximately 90,000 die from infections caused by inadequate sanitation methods (such as infrequent hand washing)."

The site also goes on to list some common medical malpractice scenarios:

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