Maryland Injury Lawyers Blog

On Monday June 25, 2012 a Baltimore City Jury returned a $55 Million Dollar Verdict in a cerbral palsy birth injury medical malpractice case. The lawsuit involved allegations that the obstetrical team at Johns Hopkins should have done an emergency caesarian section earlier than they did, and that as a result of the delay, the baby named Enzo was born with very serious birth injuries including brain damage, and renal failure. Apparently the mother who was 30 years old was going to have a home birth monitored by certified nurse midwives. When complications developed, an ambulance was called and the mom was taken to Johns Hopkins Hospital in Baltimore. The lawsuit alleged that although a C Section was ordered upon arrival, it was not performed until nearly two hours later. The Plaintiffs alleged that this delay breached the standard of care, and apparently the 6 member Baltimore City Jury agreed. Although this was not our law firm's case, we are happy that this child's future needs will likely be taken care of by the medical team responsible for his injuries.

Although the jury verdict was for $55 Million Dollars in this birth injury case, it is important that the public understand that it will be reduced because Maryland has a cap on non-economic damages in the amount of $680,000.00 for this case. Teh Maryland jury verdict included $25 million for future medical expenses, $4 million for lost wages and $26 Million Dollars in non economic damages (pain, suffering and disfigurement damages). Therefore, I believe that judgment will be entered in the amount of about $29,680,000.00 (not for $55 Million). Then, the judge might even reduce the jury verdict based on a defense motion for remittur. Also, the Defendants may file an appeal to the Maryland Court of SPecial Appeals. Bottom line is that the attorneys who handled this case did a great job, and the child who has devastating injuries will likely receive a large sum of money in a "Special Needs Trust" that will cover many of the child's future need costs.

The Maryland Automobile Insurance Fund (MAIF) has two roles--the first is to provide insurance to people who are turned down by other insurance companies. The second, more important function is to provide basic insurance coverage when there is no other coverage available. This is known as Unsatisfied Claim and Judgment (UCJ). Here are two common scenarios:
Scenario 1: An uninsured driver runs a red light and hits a pedestrian lawfully in the crosswalk. Because the driver didn't have insurance, the pedestrian may be able to make a claim through MAIF.
Scenario 2: An unknown driver cuts off an MTA bus, causing the bus to swerve into another vehicle. The negligent driver is never found. People injured on the bus may be eligible to make a claim through MAIF.
As you can see, a MAIF-UCJ claim can be made when the negligent driver's insurance cannot be found or does not exist. It may also apply where the other driver is from out-of-state, and has lower coverage than MAIF. Importantly, MAIF will not provide coverage where the injured person has available insurance, usually in the form of uninsured/underinsured motorist coverage http://www.marylandinjurylawyersblog.com/2012/01/protect-your-family-before-a-m.html (which we recommend--MAIF has very low limits, and we see many people who have medical bills that far exceed the $20,000 minimum).
Amount of Coverage
MAIF provides a maximum of $20,000 per person, and $40,000 per accident for UCJ claims. There is currently a bill before the Maryland legislature to increase these minimums to $30,000/$60,000, which would put it in line with the minimum insurance coverage for Maryland drivers.
Preserving your Rights
UCJ claims are one situation (the other is a claim against a local, state or federal governmental entity) where the victim absolutely should not delay in seeking a Maryland auto accident lawyer. http://www.gfmlawllc.com/lawyer-attorney-1666190.html The reason is that there are strict deadlines governing notice to MAIF. A person who intends to make a MAIF claim usually must present very specific information to MAIF within 180 days (roughly six months) of the accident.
The MAIF-UCJ rules are located in MD. CODE ANN. INS. § 20-601, et seq. Here are some things that are typically required (specific requirements may vary from case to case):
• Proof that the claimant is not eligible for uninsured motorist benefits through his own policy or a policy issued to a family member in the claimant's household
• Certification by the claimant's employer of all lost wages up to the date of the notice
• Evidence of all medical expenses and medical reports up to the date of the notice
• All police or accident reports
Additionally, Maryland Rule 15-804 http://www.lexisnexis.com/hottopics/mdcode/ requires the claimant to request a stipulation from MAIF that the claimant fulfilled all of the procedural requirements before being allowed to file a lawsuit. If the claim is against an unknown ("phantom") driver, the claimant may file a lawsuit against MAIF directly. If the driver is known, the lawsuit must be filed against that driver only, and MAIF will then intervene in the lawsuit.
Contact Us
If you have been involved in a hit-and-run accident, or if you have been in an accident with an uninsured driver, contact our lawyers at 1.888.213.8140, or online http://www.gfmlawllc.com/lawyer-attorney-1662537.html. Remember--there are strict deadlines about MAIF UCJ claims. If those deadlines are not met, you can be forever barred from making a claim for your injuries.
For More Information
• More on Maryland Hit-and-Run Auto Accidents http://www.gfmlawllc.com/lawyer-attorney-1666645.html --steps you need to take immediately after the accident
• More on Uninsured/Underinsured Motorist Coverage http://www.gfmlawllc.com/lawyer-attorney-1666695.html--how it can help to protect you and your family
• Maryland Automobile Insurance Fund website https://www.maif.net/emaif/home.html