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

Federal government takes first step in banning texting while driving

In a follow-up to previous posts (here, here, here, and here.) about texting while driving, yesterday the President signed an executive order banning all federal employees from texting while driving. According to the New York Times, the federal government will use it rule-making authority to implement new rules prohibiting interstate drivers of tractor-trailers and commercial buses from texting or using on-board computers. However, you can be assured the American Truckers Association and trucking companies will attempt to water down those restrictions. The administrator for the Federal Motor Carrier Safety Administration, which regulates the trucking industry, has already said there first needs to be a definition of "text messaging." This sounds to me like back-pedaling already. Well, here is a start on a new law--"Drivers of vehicles subject to the Federal Motor Carrier Safety Act shall not read messages (whether by text messaging or e-mail) or send written messages (whether by text messaging or e-mail) from a cellular telephone or on-board computer while driving a tractor-trailer on any roadway." How about it? That wasn't so hard.

As for outlawing texting while driving among other drivers, the federal government is relying on individual states to enact legislation prohibiting such conduct. Hopefully, Mississippi will see a successful bill in the next legislative session covering more than new teenage drivers--the only ones currently prohibited from texting while driving in Mississippi.

Stay tuned.

Information provided by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Texting while driving in national spotlight

With the federal government holding hearings on the hazards of texting while driving, the issue is in the national spotlight. Today, the New York Times ran an article on the issue including a number of individuals who now realize the ultimate hazard of texting while driving--death.

Given the increases in technology and our ability to "stay connected", expectations have increased for all of us to stay in touch and multitask while we drive. Unfortunately, many times you cannot do both while operating a vehicle. When I started driving some 35 years ago, we only had to worry about the person putting on their makeup, shaving, or reading a book while we were driving. That was bad enough. Then in the 90s, cellphones invaded the inside of our cars and no longer could we just listen to the radio while we drove. Now, we had to multitask while driving. Then this decade, the advent of texting really took off in addition to using computers while we drive. The advent of our "mobile" society. While most agree that you can't safety text or work on a computer while driving, the numbers show that the majority of us (including me) have tried it. It does not work. Recent studies show that drivers who send text or read e-mails while driving take their eyes off the road for an average of five seconds. What can happen during those five seconds?

Ask Jered Noe and Samatha Earnest. Samantha was driving on a two-lane highway in Oklahoma with her three children, Jason, 7: Dakota, 5; and Haily, 4, in the car. Jered Noe, driving his Coca-Cola delivery truck, was coming from the opposite direction. As Jered crested a hill, he looked over at his on-board computer and veered into Samatha's lane, slamming into her carload full of children. Jason died on impact. A seven year-old-boy lost his life because another driver thought he could look at his computer while he drove. This is just one of the tragic stories.

It is time for a change. Either the states can enact strict laws prohibiting this activity or the federal government is going to recommend enacting a federal law banning this activity. Either way, it is time for change.

For previous blog post about texting while driving, click here, here, and here.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death. If you have questions, call us at 601.936.4040 or contact us online.

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.

Hattiesburg drunk driver kills University of Southern Mississippi student

Early this morning in Hattiesburg, a drunk driver broadsided a car carrying four University of Southern Mississippi students, killing one and critically injuring another. University of Southern Mississippi freshman Lejulia Dorothy White was killed while another student was critically injured. Two others suffered non-life threatening injuries according to reports. The driver of the SUV was arrested on DUI death charges.

This is every parent's nightmare as students go off to college. With the Labor Day weekend approaching, police are stepping up patrols in an attempt to cut down on drunk driving but unfortunately, these senseless tragedies still occur.

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

Injury victims not provided for in General Motors bankruptcy

Most people have heard about the bankruptcy of General Motors and its attempt to reorganize as a "new" company. This week U.S. Bankruptcy Judge Robert Gerber gave General Motors the green light to move forward by selling the majority of its assets to a the "new" General Motors. However, what happens to those individuals who had pending product liability claims against General Motors prior to the bankruptcy filing?

Under the plan approved by the Bankruptcy Judge, those individuals with pending product liability claims against General Motors prior to the June 1, 2009, would have to look to the "old" General Motors to recover any monies to compensate them for their loss. The "new" General Motors has agreed to assume responsibility for future claims involving vehicles made by the "old" General Motors. The problem is that "old" General Motors will have limited assets and as one source stated, "those seeking claims against Old GM would likely get nothing."

Let's put a face on this problem. Robert Dinnigan, whose 10-year-old daughter was left a quadriplegic in an car accident while riding in a 2003 GMC Envoy two years ago, currently has a lawsuit pending against General Motors. According to the Mr. Dinnigan, he faces medical bills around $500,000 a year and needs $100,000 to make improvements to his home for his daughter's care given she is confined to a wheelchair. If the current plan were approved, he would probably be unable to recover any money from the "old" General Motors if he proves General Motors was responsible for his daughter's injuries.

An appeal is being filed on behalf of those accident victims in hopes those injured by General Motor products prior to June 1, 2009, will have some recourse. How big is the problem? Huge. According to the Associated Press, General Motors paid $1.1 billion in product liability payments in 2007 and $960 million in 2008. It is estimated that there are currently 1,000 lawsuits pending against General Motors that will be negatively impacted by this decision. If the bankruptcy ruling stands, those approximately 1,000 pending product liability claims against General Motors would most likely receive nothing for their injuries from General Motors. How do you explain that problem to the father of the girl injured by a defective car that has left her a quadriplegic for life? Who pays for her care? Who compensates her for her loss?

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, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Mississippi police warn: Click It or Ticket

Too many times we open the newspaper or watch the T.V. to learn of another person killed in car wreck because they were not wearing a seat belt. With the summer months approaching and families hitting the roadways, police in Mississippi are increasing their enforcement of mandatory seat belt laws. According to a recent article, police in Mississippi have started a concentrated effort to crackdown on those not wearing seat belts. Fact: Seat belts save lives. Use them and make sure your children always wear seat belts while in a vehicle. It could save their life.

Source: WAPT

Provided by: Mississippi Accident Injury Attorney, Robert Kisselburgh

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.

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.

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.

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.

Truck Accident Statistics

Simple physics reasons that the size of 18 wheelers makes them especially dangerous when it comes to collisions and accidents. Do you know how dangerous they can be?

A few key statistics highlighting the danger of semi-trucks

The statistics highlighting the danger of semi-trucks are quite alarming, but most people have no idea how truly dangerous they can be without seeing the statistics spelled out.

• 98% of tractor-trailer-related fatalities involve the other vehicle's driver or passengers - not the driver of the tractor-trailer.


• Semi-truck related deaths are estimated to be around 5,000 per year.


• Almost 55,000 18-wheeler accidents cause injuries every year.


• Nearly 130,000 tractor-trailers are involved in accidents every year where injuries do not occur.

Road conditions have very little to do with tractor-trailer accidents

Most people probably think road conditions are major contributors to serious semi-truck accidents, and are more careful during inclement weather or when the roads are wet. Unfortunately, that's not when the majority of accidents occur.

• Over 80% of tractor-trailer accidents occur on dry roads.


• Over 80% of 18 wheeler accidents happen during normal weather conditions.


• Nearly 70% of semi-truck accidents happen during daylight.

Tractor-trailer accidents typically don't play out in the way you'd expect

While it's clear to see that semi-trucks are dangerous, you probably wouldn't expect this statistic:

• 75% of tractor-trailer accidents are caused by the other driver - not the semi-truck driver.

Small vehicles generally don't realize how difficult it is to maneuver tractor-trailers. Semi-trucks take on average up to 80 feet longer to come to a stop from driving at 55 MPH than an automobile, and people rarely give 18 wheelers enough space when driving in front of them. Additionally, there are many other errors that small vehicle drivers can make to cause accidents with tractor-trailers. Always drive defensively when you are sharing the road with semi-trucks.

If you have been seriously injured in an accident with a tractor-trailer, you need to speak with an experienced Mississippi truck accident lawyer. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a free consultation.

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.