It can be tempting to pay for a car accident out of pocket instead of filing an insurance claim. After all, paying for a small scratch yourself might cost a lot less than having your premium increased by your insurance agency. But might is the important word. Even when you’re in a small accident like a fender bender, paying out of pocket can have serious consequences. Here are a few I’ve seen: A small scratch is more expensive to repair than you expect because of the make of car, availability of supplies, or need for a rental vehicle while the owner waits for the work to be completed. Without some sort of contract, the owner can come back and claim more
Who pays for medical malpractice? By: Darrell Castle Have you ever wondered who pays for medical malpractice insurance? Well, the simple answer is, the one who buys the contract pays. The actual contract buyer can be an individual doctor, the hospital or a combination of the two. Whoever buys the contract pays the premium. Many doctors across the state of Tennessee are part of mutual insurance companies. Ultimately, the price of the insurance is reflected in the cost of healthcare, and despite some belief, it’s been proven time and time again the cost of medical malpractice insurance does not correlate with tort reform – changes in common law that limit the compensation a victim can recover in a civil case..
Memphis continues to mourn the tragic death of toddler Carl Oliver – the 2-year-old recently struck and killed by a car near Frayser Boulevard and New Allen Road. We add our deepest condolences to all of the people involved. Investigators found that the little boy ran between two cars and that the woman who struck him stopped and remained on the scene. Pedestrian injuries in Memphis happen all the time; but when children are involved, it’s different. A lot of accidents in Memphis involve a lack of safe pedestrian crosswalks or irresponsible behavior from one or both parties. When a child runs out in front of a car, it’s often no one’s fault. Even a parent taking their eyes off
Train Accident Shows Danger of Pedestrian Headphone Use In a tragic accident over the weekend, a 59-year-old man was hit and killed by a train in Germantown. When officers arrived, the man was found wearing shorts and a t-shirt with no identification on him. A release from the city states the man was jogging on the train tracks westbound with headphones in his ears playing music. The train engineer allegedly sounded the horn multiple times and then applied his emergency brake. But the jogger didn’t appear to hear the warnings. Moments later, the train struck the man and killed him instantly. This is the second person killed by a train in the Memphis area in the past month. From the
Did you know Memphis currently ranks as the 7th most dangerous metro area for pedestrians? That’s right, walkers. The Commercial Appeal announced the news today after the release of Transportation for America’s report, which includes the nation’s 54 largest metro areas. From 2000 to 2009, 266 pedestrians have been killed in Memphis by road vehicles. Many more have been severely injured. The city is currently working through ways to make Memphis more foot-friendly, including changes in the infrastructure and investment in accessibility options. In the future, Memphians might see more sidewalks and crosswalks to help keep pedestrians safer. In the meantime, if you or someone you care about has been injured by a vehicle while walking, there are a few
Since Memphis has a record of being dangerous for pedestrians, Halloween and trick-or-treating can be a little risky. Here are a few simple tips for walking safely: Go out early. The light will make it easier to see you. Put reflective tape on the backs of your costumes and jackets to warn people of your presence. (You can buy this at Home Depot or other hardware stores). Carry flashlights to help other people see you and to avoid falls. Do not let children run ahead of you. Stay together as a group. Use crosswalks and traffic lights. It sets a good example for your children and helps drivers. Do not assume that drivers can see you, even with all these
FOR IMMEDIATE RELEASE Pediatric BOTOX® Use Concerns Memphis Injury Attorney Memphis, TN 4/17/13 — The use of BOTOX® has been marketed without FDA approval as a treatment for children with spasticity. Now Memphis personal injury attorney Darrell Castle claims the product is unsafe and has led to botulism in children and even death. BOTOX® is a popular cosmetic drug used to prevent or diminish wrinkles; but recently the manufacturer Allergen has marketed the product off-label as a treatment for pediatric spasticity – a movement disorder in which children lose control of their limbs. In particular, it has been commonly used on children with cerebral palsy. As early as 2008, the FDA began warning of risks associated with BOTOX® being spread
Pelvic Mesh Injury and the FDA Pelvic mesh complications have been happening for years. The device – a synthetic mesh material implanted permanently in women to help weak muscle tissues – is known to erode or become exposed, harming the pelvic organs and/or causing severe pain. As a result, many women have been left with life-altering injuries. These injuries cause extreme pain during sex, sitting down, or even walking. Commonly, the mesh requires multiple surgeries to remove and can lead to humiliating incontinence problems. Some women are completely bedridden and can no longer spend time with their families or live an active life of any kind. So where was the FDA when all of this was going on? The FDA
According to USA Today, American consumers increased their auto and student loan borrowing by the largest amount in a year. Consumer borrowing climbed $16.5 billion in February, up from a $13.5 billion gain in Janurary, according to the Federal Reserve. The overall increase in consumer debt pushed total borrowing to $3.13 trillion, which is a record. According to the report, “Gains in borrowing are seen as an encouraging sign that people are more confident and willing to take on debt.” As a Memphis bankruptcy attorney, I hope that confidence is not a blind one and that people are borrowing responsibly and within their ability to pay back on time. I’ve practiced bankruptcy law in Memphis for over 30 years and
What happens when you simply can’t pay your medical bills? Sadly this is one of the most common financial problems in America. 40% of Americans owe medical debt, and even with the Affordable Care Act in place, health care can feel anything but affordable. If you have high medical debts, it’s important to know what the industry might do to make you pay them: 1) First, the doctor or hospital can sell your debt to a collection agency. Health care providers don’t want to deal with your debt themselves. It costs money and is a dirty business. No doctor went to medical school to harass you or get a bad reputation for making your life difficult. So instead, they usually