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

Texting while driving more dangerous than drunk driving

As of July 1, 2009, teenagers in Mississippi, who hold either an intermediate license, a temporary learning permit, or a temporary driving permit, cannot send or receive texts on their phones while driving. Doing so is a misdemeanor subject to a fine.

While the law did not go as far as some wanted, it was an initial step in curbing a new behavior which is leading to deaths of motorist across the country. I know my children are more apt to text than talk on the phone. But unfortunately, many in our multitasking society think we can safely operate a motor vehicle while texting on the phone. However, recent studies show those texting while driving poses a greater risk than those who drink and drive. A recent study by Car and Driver found that drivers texting were 3 to 4 times slower than drunk drivers to apply their brakes to avoid a collision. The reason is simple. The driver's attention is not on the roadway in front of them, but on sending or reading the message on their phone.

It is time for the Mississippi legislature to take the law further. No one can safely operate a vehicle while texting on a phone. A couple months ago, I was coming back from Vicksburg on I-20 and was behind an 18 wheeler. The driver was having a hard time staying in his lane and kept drifting to the right and left. I decided to pass him in the left lane and as I pulled up to the cab, I looked up and saw the driver holding his phone in front of him trying to read messages on his phone.

The movement to ban texting by all drivers is growing. Currently, 18 states (Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Tennessee, Utah, Virginia, and Washington) have passed laws banning texting while driving. Hopefully, Mississippi will become part of the movement. Recently, the Governors Highway Safety Association supported a complete ban on texting while driving. The decision was influenced by a recent study from the Virginia Tech Transportation Institute that indicated that a driver who is texting increases crash or near-crash risk by 23 times.

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, drunk driving accidents, motorcycle accidents, construction 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.

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.

Drunk driving a problem in Mississippi

According to a Forbes, Mississippi ranks as the third worst state for drunk driving. In 2007, almost 13,000 people were killed in drunk driving accidents with over 300 of them occurring in Mississippi. More disconcerting is the fact that 8% of those involved in the crashes had one or more prior DUI convictions.

Having represented victims of drunk driving, one particular case made a lasting impression. I represented the family of a young police officer killed by a drunk driver. The police officer pulled off the highway to assist a motorist change their tire. The drunk driver, who had over 10 previous alcohol related charges, struck the motorist's car and the police officer, severing his legs in the wreck. The officer died at the scene. The drunk driver lived and went to the penitentiary for his crime. My client's lost a son. This was a preventable crime. Every day you can open the newspaper, watch the T.V., or listen to the radio and hear of another tragic accident involving alcohol. Something needs to be done.

Legislation increasing the penalties for drunk driving recently passed in the Mississippi Senate and is now awaiting committee action in the House. If passed, the legislation would double the fine for anyone convicted of DUI with a blood-alcohol content of .15% or greater as well as allow for ignition interlock devices to be used for anyone convicted of a DUI offense. If you support this important legislation, call your representative and ask for their support. If you have been a victim of a drunk driver, the Kisselburgh Law Firm is experienced in handling drunk driving injuries. Call now at 601.936.4040 or contact us online to schedule a free consultation to discuss your case.

One dead, 2 injured in Mississippi River boating accident

One man died after being trapped under a 16-foot crew boat that overturned in the Mississippi River at Vicksburg. Two other men were rescued and taken to a local hospital, according to Warren County Sheriff officials. All three men were employed by Mississippi Limestone, Inc. The cause of the accident is still under investigation.

If you or a loved one has been killed or seriously injured in a workplace accident, contact the Kisselburgh Law Firm at 601-936-4040 or contact us online to schedule a free consultation.

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.