Mississippi Injury Lawyer Blog

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

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 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

Jackson Mississippi Police Officer Injured in Collision

This morning a Jackson, Mississippi police officer was injured on Interstate 20 when a vehicle merging onto I-20 collided with her motorcycle. According to news reports, Jackson P.D. Officer Ella Small suffered serious injuries after a 1999 Chevy Tahoe collided with Officer Small's motorcycle on I-20 near Terry Road. Officer Small was transported to University of Mississippi Medical Center.

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.

Fatal car and truck wreck in Picayune, Mississippi

25 year-old Robin Ashley Barber of Picayune, Mississippi was driving her 2006 Nissan Altima when it collided with a 2006 Peterbilt truck on Tuesday around 11:30 a.m. in Hancock County, Mississippi. Ms. Barber died as a result of her injuries. The driver of the dump truck, Tommy Glenn Mallet, was treated at a local hospital and released. The Hancock County Sheriff's Department is investigating the cause of the accident.

The Kisselburgh Law Firm is a Mississippi Car and Truck Accident 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.

Mississippi motorcycle accidents are some of the most dangerous accidents

Motorcycle accidents are a serious problem. In the past decade, motorcycle accident fatalities have risen 144%. There were 4,800 motorcycle fatalities in 2006, and 5,200 motorcycle fatalities in 2007, indicating an upward trend that is likely to continue through 2008 and beyond. Statistically speaking, you're up to 25 times more likely to suffer a fatal motorcycle accident than a fatal car accident, and your chance of serious injury is far higher in a motorcycle accident than automobile accident.

Why are motorcycle accidents so dangerous?

Statistics vary from year to year, but anywhere from half to two-thirds of motorcycle accidents don't involve another vehicle at all. The nature of motorcycle accidents makes it far more likely for you to collide with an inanimate object, such as a tree, guardrail or other non-moving structure, than if you were in an auto accident.

Motorcycles are far more prone to loss of control than automobiles due to road conditions or even bike malfunctions, but motorcycles are also vulnerable to other vehicles on the road. In a motorcycle accident, you don't have the benefit of walls of steel surrounding you and protecting you. Any little injury is amplified, as you are likely to get thrown, struck or pinned in a motorcycle accident.

Because motorcycle accidents can have so many causes, you should consult a lawyer. You need an attorney experienced in handling Mississippi motorcycle accidents. It's well-known in the personal injury field that motorcycle accidents have their basis in many different causes. If you're involved in a motorcycle accident, it's not uncommon to encounter an auto driver attempting to escape liability by citing poor road conditions or other considerations common to motorcycle accidents. If you're injured in a motorcycle accident, it's important to have a good lawyer on your side to look out for these common defenses and ferret out the truth of the situation. Contact the Kisselburgh Law Firm online or call us at 601-936-4040 to set up a free consultation to discuss your case.