Mississippi Injury Lawyer Blog

ATV flips on side, killing 3 year-old boy in Jones County, Mississippi

On Sunday, a 3 year-old boy died after an Artic Cat ATV he was riding in flipped on its side, killing him on impact. The ATV, driven by an 18 year-old, had three passengers, ages 3 to 11. The other passengers suffered minor injuries.

Information provided by Robert Kisselburgh, Mississippi Accident Lawyer

Source: Clarion Ledger

Mississippi needs tougher laws on ATV use by children

The Hattiesburg-American had an article on Sunday calling for tougher laws on the use of ATVs by children. While the legislature is currently considering proposals making helmet use mandatory for children younger than 16 and requiring a driver's license or completion of a ATV safety course, more needs to be done to ensure the safety of children. At a recent hearing, Dr. John Porter of the UMMC Trauma Center said the Center sees two or three ATV crash victims every week. For every patient who dies, three or four are critically injured and about 25 percent have debilitating injuries, according to Porter. More alarming is the fact that Mississippi death rates from ATV crashes for children under 16 are increasing at twice the rate of all ATV deaths.

Source: Hattiesburg-American

Reported by Robert Kisselburgh, Mississippi Accident Injury Lawyer

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

Mississippi company recalls Off-Road Utility vehicles

According to the Consumer Product Safety Commission, Bad Boy Enterprises LLC of Natchez, Mississippi, is recalling "Classic Buggies" due to some of the vehicles accelerating without warning. The manufacturer has received 32 reports of unexpected acceleration which can cause injury to riders and bystanders.

If you or a loved one has been injured by driving or riding in an off-road vehicle, contact our Mississippi Injury Law Firm to discuss your legal rights. The Kisselburgh Law Firm is a Mississippi accident injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

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

9-year-old boy killed after struck by truck while riding ATV

A 9-year-old Leflore County, Mississippi boy was killed when he darted out into the path of a truck while riding a child's ATV. The accident happened near Morgan City, Mississippi on County Road 552. Leflore County Coroner Debra Sanders said the child was pronounced dead at Greenwood Leflore Hospital late Saturday afternoon. With summer upon us and children out of school, we all need to be more vigilant about children playing in and around streets.

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

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.

Mississippi Insurance Commissioner predicts rise in uninsured motorists

As many in Mississippi struggle to make ends meet, some will decide to drop their automobile insurance coverage to save money despite the law requiring all individuals operating a vehicle in Mississippi to have liability insurance. According to the most recent figures, 28% of those people driving in Mississippi do not have automobile insurance. Mississippi Insurance Commissioner Mike Chaney expects that figure to rise to 30-31% in 2009.

If you are involved in an accident with an uninsured motorist, then you will need to make a claim against your own insurance company, assuming you have uninsured motorist coverage. If you don't have that coverage, then you should look at adding it to your policy.

The problem is that most people will get the mandatory insurance so they can get their car registered or get their driver's license, but some will then quit making payments on the insurance and it lapses. However, some of those people still have an insurance card showing that they have insurance even though the policy lapsed due to non-payment. Law enforcement officials say a pilot program would allow them to check a driver's proof of insurance in a traffic stop against insurance company databases. There was no word on when this pilot program would begin or how widespread it would be.

If you or a loved one are involved in a car or truck wreck, you should consult with an experienced car accident attorney. 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, and drunk driving accidents. If you have questions, call us at 601.936.4040 or contact us online.

Source of article: WLBT

Yamaha recalling Rhinos due to rollover deaths

All Rhino 450, 660, and 700 model vehicles are being recalled for repairs after 46 deaths and hundreds of injuries due to rollovers. According to the Consumer Product Safety Commission, many of the rollovers occurred on level ground at relatively slow speeds.

Having witnessed first-hand these type of vehicles rollover in Mississippi, it is important that if you own one of the affected Rhino models, you return it to the dealer for repairs. You should also remember that these vehicles were intended to be used by persons with a drivers license and are not safe for children to operate. Too many times in Mississippi you see children operating these vehicles and I've never seen one child wearing a helmet while operating the vehicle. A rollover accident on one of these heavy vehicles can lead to serious injury or death.

If you or a loved one has been seriously injured while operating or riding in a Rhino or similar type vehicle, call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation to discuss your legal options.

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.

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.

Mississippi leads nation in vehicle-related deaths

In a recently published report from the Centers for Disease Control, Mississippi leads the nation in traffic accident related deaths. The study looked at traffic accidents from 1999 to 2005. Mississippi led the nation with 31.9 deaths per 100,000 population followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The least amount of fatalities was in Massachusetts with 7.9 per 100,000 population. The South led the nation in traffic accident related deaths, accounting for 46% of the fatalities while only having 36% of the population.

The study also found that men were twice as likely to be killed in a motor vehicle accident than women. Although no specific cause was found for the deaths, the CDC recommended a number of measures to reduce the deaths in automobile accidents. The more obvious ones were increased use of seat belts, increased drunk driving enforcement, and vehicle safety improvements. Additionally, lower speed limits and better statewide trauma systems could decrease the number of deaths.

If you have been seriously injured in an car accident or had a family member killed in an automobile accident, you need to speak with an experienced Mississippi car accident attorney. Call the Kisselburgh Law Firm at 601.936.4040 or contact us online to schedule a free consultation.

Leake County, Mississippi man killed in ATV accident

A Leake County, Mississippi man was killed in ATV accident on Sunday. According to WLBT, the Jackson, Mississippi NBC affiliate, Otiko Anthony was riding an ATV on a gravel road southeast of Carthage, Mississippi when he lost control and hit a tree. The 26-year-old man had just taken his brand new ATV out for a ride when the accident occurred.

All Terrain Vehicles (ATVs) are 3 or 4 wheeled motorized vehicles which have gained popularity in the last decade. According to the Consumer Product Safety Commission, over 6,000 fatalities have occurred from injuries associated with ATVS in the last two decades. In 2006, there were 555 ATV-related deaths with 111 being children.

If you or a loved one have been injured in an ATV accident and it was due to someone's negligence or a mechanical defect, you need to speak with an attorney who can properly investigate the accident to determine whether any liability exists. At the Kisselburgh Law Firm, we represent people injured in ATV accidents as well as family members of those killed in an ATV accident. Contact us online or call us at 601-936-4040 to set up a free consultation to discuss your rights.