Mississippi Injury Lawyer Blog

Attorneys beware--watch out for those subrogation liens.

Two days ago, the Sixth Circuit Court of Appeals affirmed a summary judgment where a plaintiff's attorney was found liable to the ERISA health plan for settlement funds he disbursed. A fellow blogger, Health Plan Law, has a great discussion of the case here.

For those with personal injury lawsuits, if your health insurance company pays for your medical and you ultimately recover money from the person who caused those injuries, your health insurance company has a subrogation lien for the amount of medical paid. That means you could possibly have to pay the insurance company for the amount it paid for medical expenses you ultimately recovered from the liable party.

In the case above, the client did recover monies and the attorney disbursed the settlement funds without paying the insurance company back for the medical it paid on behalf of the client. The plan ultimately sued the client and attorney for the money. Lesson to all parties. Prior to settling a personal injury case or disbursing funds from a personal injury settlement, make sure you have paid all liens.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Tort Reform debate is a red herring in Mississippi and other states

Over the last couple months, the "Tort Reform" debate has heated up again. With Washington looking at health insurance reforms, the U.S. Chamber of Commerce and their many mouthpieces are talking about the need for more tort reform. Folks, it's a red herring. The high cost of health insurance is not due to out-of-control lawsuits brought by evil plaintiff attorneys. The facts prove it.

One of the great myths perpetuated during these tort reform debates is that doctors are practicing defensive medicine because they are afraid if they don't run the test, they will be sued. This myth was busted by a number of reports showing defensive medicine is motivated more by profits for doctors who are making money when they send patients for medical imaging. The New Yorker ran a great piece about the high costs of medical care in McAllen, Texas, the Dallas Morning News reported on the increase of medical imaging in the Dallas-Fort Worth metroplex and doctor discussed his first-hand experience with over-utilization as a patient.

Indicative of the myth is a great exchange between local two McAllen, Texas doctors in the New Yorker article:

"McAllen is legal hell," the cardiologist agreed. Doctors order unnecessary tests just to protect themselves, he said. Everyone thought the lawyers here were worse than elsewhere.

That explanation puzzled me. Several years ago, Texas passed a tough malpractice law that capped pain-and-suffering awards at two hundred and fifty thousand dollars. Didn't lawsuits go down? "Practically to zero," the cardiologist admitted.

"Come on," the general surgeon finally said. "We all know these arguments are bull---t. There is overutilization here, pure and simple." Doctors, he said, were racking up charges with extra tests, services, and procedures.

Another great myth perpetuated during the tort reform debate is that doctors are leaving the state due to out of control lawsuits. This was a big one used by Mississippi's governor. However, facts prove otherwise. A recent article reported there was no decrease in the number of doctors in Mississippi. It stated, "Information compiled by the American Medical Association ... shows that the number of physicians in Mississippi rose steadily in years leading up to tort-reform legislation in 2004, and even slowed its increased following 2004."

So let's put the "tort reform" punching bag away and get down to studying the true problems of our health care system and the need for reform.

h/t: ThePopTort.com has a number of articles on this issue at here, here, here, and here.

Information provided by Robert Kisselburgh, Mississippi Accident Injury Attorney

Ultralight plane crash kills one in Olive Branch, Mississippi

On Friday afternoon, a 52-year-old man was killed in a crash of an ultralight plane crash in Olive Branch, Mississippi. Details are sketchy, but according to one report, a witness said the man was flying when he lost control and hit the ground.

Information provided by: Kisselburgh Law Firm, a Mississippi Accident Injury Law Firm

Copiah County, Mississippi plane crash claims two lives

A single engine plane crashed yesterday in Copiah County, Mississippi shortly after taking off from the Copiah County Airport. The pilot, Gerry Mosley of Hazlehurst, and the passenger, Steve Davis of Brookhaven, were both killed. The National Transportation Safety Board is investigating the cause of the crash. Witnesses reportedly heard the engine quit before impact and said the plane was attempting to make an emergency landing when it crashed.

Having flown single-engine planes, one of the most dangerous times for a pilot is immediately after take-off. If the engine quits during this time, there is little time to react and the plane has a greater chance of stalling aerodynamically. We will have to await the results of the investigation to see what caused the crash.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, construction accidents, aviation accidents and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Photo: WAPT.com

MADD held annual vigil for Mississippi Drunk Driving Accident victims

The Mississippi chapter of Mothers Against Drunk Driving (MADD) held the 15th annual vigil for drunk driving accident victims in Mississippi. Tricia Raymond, executive director for Mississippi MADD, said:

"We need the public to always remember never to drink and drive. The consequences are tragic all the way around, and if you're around anyone who is obviously drunk and trying to drive please intervene."

According to the article, more than 24,000 DUI arrest were made last year, a 22 percent increase from 2007. In 2007, over 300 people were killed in drunk driving accidents in Mississippi, ranking Mississippi as the third worst state for drunk driving.

If you have been injured by a drunk driver or a loved one has been injured or killed by a drunk driver, you need to consult with an experienced drunk driving accident lawyer. At the Kisselburgh Law Firm, we have the experience to represent you for injuries received from a drunk driver. Contact us at 601-936-4040 or contact us online to schedule a free consultation.

Passenger lands plane headed for Jackson, Mississippi after pilot dies in air.

Here is one to strike fear in the hearts of those who fly in smaller planes. A family of four was leaving Florida in a twin-engine King Air enroute to Jackson, Mississippi and then on to Louisiana. As they were climbing out of their departure, the pilot had a heart attack. The father of the family took over the controls of the plane. Although he was a licensed pilot, his experience was limited to about 150 hours in a single-engine Cessna 172s. He had never flown the twin-engine King Air 200 they were in and he immediately contacted air traffic controllers for help.

The Air Traffic Controller called a friend who was a King Air pilot and the air traffic controller relayed instructions from his friend to the pilot in the air. According to the article, the pilot was able to land the plane safety in Tampa, Florida. Unfortunately, the pilot who suffered the heart attack did not survive. I imagine after this incident, the family might be flying commercial for a bit.

Car seats save children from injury

In a story we usually don't see in Mississippi, two toddlers properly strapped in their child car seats were unharmed after the vehicle they were riding in flipped over during an accident in Pearl, Mississippi. According to the Pearl Police Department, a black Ford Ranger was traveling north on Pearson Road when a white Ford Expedition pulled into its path. The collision caused the Expedition to flip with the toddlers inside. Although the driver of the Expedition was transported to an area hospital, the two toddlers were unharmed.

Seat belts saves lives. As parents, we have the responsibility to ensure our children are properly belted when riding in vehicles. The parent of these toddlers did so and even though a tragic accident occurred, the toddlers were fine. We need more stories like this in Mississippi as opposed to those describing how some child was ejected from the vehicle during an accident or injured because they were not wearing a seatbelt.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents,
tractor-trailer accidents, motorcycle accidents, construction accidents, and
injuries from defective products. If you have questions, call us at
601.936.4040 or contact us online.

14 believed killed in plane crash

According to the Federal Aviation Administration (FAA), a single-engine Pilatus PC-12 crashed in a cemetery in Butte, Montana on Sunday, killing at least 14 people on board. Eyewitnesses reported that the airplane, which had taken off from California, nose dived into the ground approximately 500 feet short of the airport. The Pilatus PC-12 is a single turboprop engine airplane manufactured by Pilatus Aircraft of Switzerland. According to reports, the plane was configured to seat 12 passengers in addition to the crew, but the number killed was between 14 and 17.

The Kisselburgh Law Firm is a Mississippi injury firm that handles all types of cases involving serious injury or death including aviation accidents, car accidents, tractor-trailer accidents, motorcycle accidents, and injuries from defective products. If you have questions and would like to schedule a free consultation, call us at 601.936.4040 or contact us online.

Uninsured insurance coverage a necessity in Mississippi

What would happen if you were in a serious car accident with an uninsured driver? You'd face a serious stack of medical bills, and you'd have to deal with any property damage to your vehicle. A new study by the Insurance Research Council (IRC) found that Mississippi was second in the country for uninsured drivers, 28% in 2007. Thus, there is a one in four chance the person who hits you does not have insurance. The IRC study also indicates a strong correlation between the percentage of uninsured motorists and the unemployment rate. Based on current unemployment rate projections, the IRC forecasts that the percentage of uninsured motorists will likely rise.

What is uninsured automobile insurance?

Uninsured auto insurance pays the bills if the person who hits you doesn't have car insurance. If you have automobile insurance in Mississippi, you will have uninsured automobile insurance unless you specifically refused it in writing. The problem is that most people have low limits, around $10,000 to $20,000. Being in one wreck will prove to you that this is not enough money unless you are involved in a very minor accident.

Underinsured automobile insurance helps to pick up the slack

Underinsured automobile insurance is almost as useful as uninsured, especially if you have an expensive car or you're involved in a serious car accident. If you get into an accident with someone carrying the minimum of $25,000 in medical and property damage, and you're driving a $40,000 car, the insurance policy won't pay enough for you to repair or replace your car. If it's a serious car accident, and you require hospitalization or surgery, it's all too easy to surpass the $25,000 in medical liability, so you're stuck with the remaining medical bills. Underinsured automobile insurance protects you from the possibility of being involved in a serious car accident and not having enough insurance coverage. Again, check your policy and make sure the limits are sufficient. You will find that increasing the limits will not that expensive in comparison to the coverage you receive.

The Kisselburgh Law Firm is a Mississippi injury law firm that handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, construction accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Automobile insurers don't always make it easy for clients to understand what they're buying, but it's important you know what you're getting when you purchase automobile insurance.

What is liability insurance?

Liability is the most basic type of automobile insurance. Each state requires you to carry a specific amount of liability insurance at minimum, although many people choose to purchase more than the minimum coverage. Liability insurance is broken into two categories: bodily injury and property damage. In Mississippi, you're required to carry a minimum of $25,000 per person in bodily injury liability insurance, with a total of $50,000 per accident. The Mississippi minimum coverage for property damage liability insurance is $25,000.

What does this mean?

Basically, liability insurance covers the expenses in the event that you get into an accident with another motorist and you're the responsible party. If you cause the accident, the other motorists involved can make a claim against your liability insurance policy. Unfortunately, if their damages are higher than your coverage limits, you can be personally responsible for paying the remainder of the bills. This is why many people elect to carry more than the minimum liability insurance; to cover hospital or property damage bills in the event of a large accident.

Look out for the other driver

If the other driver in an accident is the liable party, look out for limits on liability insurance. If you're hospitalized and your bills are substantial, or if you're driving a brand new car and it is completely totaled, the liable party may not carry enough coverage to pay for your damages. This is when it really benefits you to contact an attorney to determine what options are available to get your bills paid.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, construction accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Mississippi pilot suspected of spatial disorientation prior to crash

In another update to a previous post, the NTSB issued a preliminary report that the pilot of the Cessna 182M airplane that crashed in Louisiana flew into cloudy conditions at night just before the plane crashed. Spatial disorientation can occur when a pilot flies into cloudy conditions but is not skilled in relying on the instruments to fly the plane.

Continue reading "Spatial Disorientation suspected in airplane crash involving Mississippi pilot" »

Drug manufacturer loses battle over federal preemption in prescription drug case

It is a great day for consumers harmed by prescription drugs. Today, the United States Supreme Court issued a 6-3 opinion rejecting Wyeth's argument (the drug manufacturer) that state law failure to warn cases for prescription drugs are preempted by federal law and that if the Food and Drug Administration approves a label for a prescription drug, no state law claim against the manufacturer for inadequacy of warnings exists.

In Wyeth v. Levine, Justice Stevens delivered the majority opinion of the court rejecting Wyeth's arguments. The most disingenuous argument by Wyeth was that the FDA regulations set both the floor and ceiling on the adequacy of warnings for prescription drugs. History rebutted this argument as the FDA, as well as many drug manufacturers, have previously stated the FDA's regulations on prescription drug warnings are a minimum standard which can be exceeded by the manufacturer.

What many people do not realize is that the Bush administration made a concerted effort to preempt many state law claims in the area of product liability laws by adding preambles to new rules from federal agencies, such as the Food and Drug Administration, Department of Transportation, and Environmental Protection Agency, stating that federal law preempted any state law claims regarding products subject to regulation by these agencies. While today's opinion was limited to the Food and Drug Administration's regulation of warnings on prescription drugs, the decision will have a broader impact on the previous administration's efforts to deny citizens their right to bring lawsuits against product manufacturers for defective products.

If you have been seriously injured by a defective product, you need to speak with an experience product liability lawyer. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation to discuss your case.

Three Mississippi residents die in plane crash

Just before midnight on Friday, a Cessna 182, flying from Slidell to Marksville, Louisiana, crashed in a wooded area in southeast Louisiana killing the pilot and his two passengers. Glen Johnson of Gautier, MS was piloting the plane and in contact with flight controllers in Baton Rouge, but did not indicate any problems. 39-year-old Tabitha Dolbare of Van Cleave, MS and their 13-year-old son were also killed in the crash.

According to one article, the 1965 Cessna 182 took off from an airport in Slidell, LA and crashed soon after near the intersection of I-55 and I-12. The Mississippi Gulf Coast couple had recently reunited and were flying to visit old friends at the time of the crash. The NTSB will be investigating the crash to determine the cause.

If you are involved in an aviation accident, contact the Kisselburgh Law Firm at 601.936.4040 or contact us online to schedule a free consultation.