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    Man accused of murder of century "not guilty"
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December 27, 2016

Negligence and How You Can Prove It

(Image Credit: Pixabay.com)

Suppose you find yourself in an automobile accident that was not your fault, or you take a nasty fall in a grocery store because someone spilled a soda and the employees neglected to clean it up.

In both situations, you have suffered injuries because of the negligence of another person.

You may have an alarming level of medical expenses related to those injuries, and may have been unable to go to work because of the injuries.

Tagged: Civil Law, Personal Injury

December 15, 2016

The Experience of a Good Civil Lawyer for Accident and Injury Cases

(Image Credit: wikimedia.org)

If you have been involved in an accident which was the result of another person’s negligence, you may be getting phone calls or written requests from physicians, law enforcement, and, of course, insurance companies.

You may be feeling both frustrated and overwhelmed, and you may not know what steps you should take to ensure the best outcome.

Tagged: Civil Law, Personal Injury

June 13, 2016

Do I have to file a claim after an accident?

(Image Credit: Flickr.com)

When you’ve been in an accident, what do you do next?

This is a common question for people who’ve been involved in an accident. After all, you never imagined you would ever be involved in any kind of accident. But it’s important to proceed carefully.

If you hope to make a compensation claim for any damages, you could unintentionally reduce your amount of compensation by doing or saying the wrong thing.

Tagged: Civil Law

December 29, 2015

What is Malicious Prosecution?

When someone is wrongfully charged and prosecuted for a crime, what are the consequences? We're fortunate to live in a nation that provides extensive protection for our personal liberties. Where malicious prosecution is concerned, there are two particulars that you should know about:

Tagged: Civil Law, Civil Rights, Criminal Law, Personal Injury

October 25, 2012

Can bankruptcy wipe out Willful and Malicious Injury debt?

Willful and Malicious Injury to PROPERTY:
Chapter 7 - NO, it cannot be discharged (wiped out).
Chapter 13 - YES, it can be discharged.

Tagged: Automobile Accidents, Bankruptcy, Civil Law, Criminal Law, Property Law, Truck Accidents

October 25, 2012

Mississippi Garnishment Laws

In most cases, creditors must take you to court and get a court order called a judgment before they can garnish your wages and bank account. State tax, IRS, Federal Student Loans and some other government agencies can garnish without a court order. Paycheck garnishment is limited to 25% of your wage but the full amount can be taken from your bank account. Social Security and other government benefits are fully protected IF that is the only money deposited into the bank account.

Employers must hold a garnishment for 30 days before they deduct any money from your paycheck. The problem is that many employers will not tell the employee that they have received a garnishment order (writ of garnishment). They should tell you, but they are not required to tell you, only to hold off for 30 days.

Tagged: Bankruptcy, Civil Law

June 22, 2012

What are the statutes of limitations on debt?

Tagged: Bankruptcy, Civil Law

January 27, 2012

CEO Compensation Packages aptly named "Golden Parachutes"

A parachute is defined as "a device for slowing the descent of a person or object through the air that consists of a fabric canopy beneath which the person or object is suspended." If you add the word "golden" in front of "parachute" the definition changes to "a generous severance agreement for a corporate executive in the event of a sudden dismissal (as because of a merger)." A recent GMI Ratings Report listed 21 recent golden parachutes for various CEO's. I found the payments ludicrous in light of the economic crunch this country is currently experiencing. Here is a list with the years the person acted as CEO:

General Electric John F. Welch Jr. 1981-2001 $417,361,902
Exxon Mobil Corp. Lee R. Raymond 1993-2005 $320,599,861

UnitedHealth Group William D. McGuire 1991-2006 $285,996,009

AT&T Edward E. Whitacre Jr. 1990-2007 $230,048,463

Home Depot Inc. Robert L. Nardelli 2000-2007 $223,290,123

North Fork Bank John A. Kanas 1977-2006 $214,300,000

Merck & Co., Inc./Schering-Plough Fred Hassan 2003-2009 $189,352,324

IBM Louis V. Gerstner Jr. 1993-2002 $189,005,929

Pfizer Inc. Hank A. McKinnell Jr. 2001-2006 $188,329,553

CVS Caremark Corp. Thomas M. Ryan 1998-2011 $185,415,435

Gillette Co. James M. Kilts 2001-2005 $164,532,192

Target Corp. Robert J. Ulrich 1994-2008 $164,162,612

Merrill Lynch & Co. E. Stanley O'Neal 2002-2007 $161,500,000

U.S. Bancorp Jerry A. Grundhofer 2001-2006 $159,064,090

Omnicare, Inc. Joel F. Gemunder 2001-2010 $146,001,476

Wachovia/South Trust Wallace D. Malone Jr. 1981-2004 $125,292,818

United Technologies Corp. George A. L. David 1994-2008 $122,631,309

eBay Inc. Margaret C. Whitman 1998-2008 $120,427,360

WellPoint Health Leonard Schaeffer 1992-2004 $119,041,000

XTO Energy Inc. Bob R. Simpson 1986-2008 $103,485,972

Viacom Thomas E. Freston 2006 $100,839,772

Tagged: Civil Law, Criminal Law, Tort Law

January 27, 2012

Targeting New Users: Google+

Children as young as 13 will be allowed to be a member of Google+, a social networking service similar to Facebook, according to executives at Google. After 6 months of "testing" their privacy settings, Google made the decision to allow teenagers to become members.

Tagged: Civil Law, Criminal Law, Juvenile Law

December 05, 2011

More Tort Reform for Mississippi personal injury and medical malpracitce lawsuits? Thank you sir may I have another?

Now that the Republicans have gained control of the Mississippi House or Representatives, they are seeking more tort reform. They are doing this even though the doctors' own insurance company say they no longer need any more! Yes, you read that correctly. The CEO of the doctors' insurance company, Medical Assurance Company of Mississippi ("MACM") was quoted in a Clarion Ledger article as follows: "It would be hard for me to argue more tort reform is needed," Mike Houpt said. "We're content with what we have." Yet the Republicans want to lower the caps on damages AND institute a "loser pays" system which would make the loser of a lawsuit pay the other side's cost. Whose agenda are the Republicans pushing?

The "loser pays" idea is simple. Over the course of a lawsuit, each side spends money on such things as depositions, expert witnesses, copying, etc. Costs can easily reach $10,000 in the most "simple" car wreck cases. "Loser pays" would require the "loser" of a lawsuit to pay the other winner's costs as well as their own. So who is this designed to hurt? To a huge company like State Farm, $10,000 is nothing. To the average Mississippian, $10,000 is more than most folks have in savings. There is not way the could afford to pay this which means they would not file a lawsuit for fear of having to pay this kind of money.

Now, keep in mind that the doctors are "content" with what they have. This is the same group who claimed they were being forced out of Mississippi just 10 years ago. Now things are going so well that the doctors are receiving refunds on their insurance premiums and their insurance company is making a huge profit. I wonder if the quality of health care in Mississippi is going up as well? Are the number of deaths and serious injuries due to medical negligence going down? Oh well, who really cares about that. As long as the doctors are making money and forcing us to wait an hour to see them on every visit then things are fine. But, I digress.

The Republican party is not looking out for Mississippi citizens. If they were, they would fight like hell to make sure that anyone who harms a child or an elderly person or who leaves a family without a mother or father (or both) would have to fully compensate that person or their family. Instead, they are looking out for big businesses and insurance companies. Always have, always will. If your child is harmed don't expect the Republicans to care because they will be supporting the people who harmed him/her.

Sound harsh? Well it's not. Tort reform does not protect us from so-called "frivolous lawsuits". Tort reform is designed to protect big business and insurance companies from legitimate lawsuits. "Frivolous lawsuits" scare no one. If any defendant can show me one "frivolous lawsuit" which has ever gone to trial, received a verdict, and then been affirmed on appeal I will have my partner eat his hat. Big business needs protection when their products or actions seriously injure, maim, or kill innocent people and the Republicans are paid handsomely to help them.

Tagged: Civil Law, Defective Products, Medical Malpractice, Negligence, Personal Injury, Products Liability, Tort Law