Mississippi Lawyer Blog

Mississippi is number one in delinquent mortgages. During the month of October, there were more homeowners behind on their house payments in Mississippi than any other state.
According to the Mortgage Bankers Association there are 4.2 million homeowners across the country that are more than 90 days behind on their house payments or already in foreclosure. This indicates that we are not on the road to recovery like the media would have you believe.
Foreclosures are increasing and mortgage companies are still not willing to help homeowners with modifications. If you want to save the house you cannot sit around and wait for the foreclosure sale. Get your documents together now, meet with a lawyer that does foreclosure defense and bankruptcy and learn what your options are. Get the information now before you need it. Be prepared. Plan ahead. You don't buy car insurance after the wreck. Over and over people come in to meet with me after the foreclosure sale is set trying to find out what to do. In most cases we can still help them and save the house, but they would have been a lot better off meeting with me as soon as they started getting behind.

Debt collectors are tormenting people. But you already knew that. So, what else is new? Well, first of all, they are not supposed to be doing it and second, it is getting worse. Insults, foul language, threats and outright lies are the illegal methods many debt collectors use to frighten and torture people who are having trouble paying their bills.
Times are hard and people in Mississippi are having a harder time paying medical bills and credit cards. Debt collectors are going beyond their normal intimidation and scare tactics to collect debts. The Federal Trade Commission receives more complaints about debt collectors than any other business. This is the number one consumer protection problem in Mississippi.
Debt collectors, even the ones who don't use illegal methods, want a payment from you or a promise to pay. They don't care that you have always paid on time up until this point. They don't care that you are having medical expenses or suffered a job loss or cut in pay. They don't care about any of this. They just want a payment or a promise to pay. If they get a payment they will continue to pressure you for more payments. If they get a promise from you to pay, they will use it against you when you can't pay, calling you a liar or promise breaker and verbally beat you up because you didn't live up to your promise. You don't have to put up with this kind of treatment.
Bankruptcy is one of the strongest group of consumer protection laws we have. Bankruptcy was created to protect you, your family and your property.
Paying your debts is important, but providing for your family is more important.

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Continue reading "Mississippi Teens' Car Accident Stats Grim" »

Click here for a very special "Happy Thanksgiving" video song from everyone here at Coxwell & Associates! We hope you have a very blessed day with your family and friends and that our video song can start off your holiday with a smile.

If your home was foreclosed between January 1, 2009 and December 31, 2010, you can request a review of the foreclosure process to see if it was handled properly. Fourteen mortgage companies are required to participate in this process. If there were errors, misrepresentations or other irregularities with the process, you may be entitled to financial compensation or other remedies. This process only applies to the home that was your primary residence. Letters will be mailed out from the mortgage companies, but they will probably be sent to the house that you no longer live in. If you would like to have your foreclosure reviewed, you can call 1-888-952-9105 for the form you will need to fill out or visit the web site at www.independentforeclosurereview.com.

The fourteen mortgage servicers involved in this process are America's Servicing Co., Aurora Loan Services, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, CitiMortgage, Countrywide, EMC, EverBank/EverHome Mortgage Company, GMAC Mortgage, HFC, HSBC, IndyMac Mortgage Services, MetLife Bank, National City Mortgage, PNC Mortgage, Sovereign Bank, SunTrust Mortgage, U.S. Bank, Wachovia Mortgage, Washington Mutual (WaMu), and Wells Fargo Bank, N.A.

There are serious and non-serious auto accidents around Jackson, Ridgeland, Madison the City, and throughout Mississippi every day. Then when it rains the number of auto accidents increase even more. At Coxwell & Associates we help people with serious accidents involving cars, 18 wheelers, trucks, boats, motorcycles, and any other type of accident causing serious or permanent injuries. The word serious means we help people who are injured. If a person has a "fender-bender," and no serious injury, then with a little good legal advice they can deal with the adjuster and handle the case themselves.

If you are involved in a traffic accident immediately stop you automobile. Never leave the scene of an accident. Leaving the scene is a crime. (Miss. Code Annotated, Sections 63-2-401 through 405). Nowadays law enforcement requests that you move your car out of the lanes of traffic if possible. If one person does not appear at fault then it may be wiser to leave your car until the law enforcement official arrives and notes the locations. If the accident involves death, injury or damages of $250.00 or more the police will file an accident report. If is usually good advice to ask for a police report in every instance.

If possible warn oncoming motorists with blinking lights or reflectors. It is not expensive to buy a safety kit at one of the major discount stores and keep it in the trunk of your car. These kits typically have reflectors, lights, and other types of equipment for stalled cars. Remember, you want to protect others and yourself. You should also call the police even if no one seems injured. Many times serious injuries may not manifest until weeks or months after an accident. At Coxwell & Associates we have seen many cases of auto accidents causing ruptured discs in the cervical or lumbar areas of the back which went undiscovered by doctors until months after the accident when the people eventually obtained an MRI.

It is always good advice to remain calm even if the other person is at fault and you are angry about the accident disrupting your plans or damaging a favorite car. When the police show up they are not going to be emotional. There have been many, many instances when an angry motorist who was not at fault went to jail because of a bad attitude. You might also anger the police so much that he misses important details of the accident.

If you are injured as a result of the accident you should obtain immediate medical attention. Tell the medical attendants, including ambulance drivers, where and what hurts. Many people do not know ambulance drivers and medical professionals usually write down much of what is said by the patient. Therefore, if you are hurting and you say everything is "fine," they are going to write down that "patient said he/she was fine." Remember, your goal should be to take care of your health. You may also wish to call an attorney immediately if the injuries are serious. At Coxwell & Associates we handle serious injury cases. We can have an investigator on the scene within minutes in order to take photographs, measurements, witness statements, or anything else we feel is valuable for your case.

After an accident you also want to get the names and address of witnesses. Write these down even if you also see the officer taking notes. At Coxwell & Associates we recently had a case where a 7 year old boy was hit by a car while standing in his yard. The boy's house was across the street from a church where a revival was taking place. There were dozens of people outside but the officer did not get a single witnesses' name. Why is this important? Because the boy was so close to the edge of his yard that I could tell the driver was going to claim the young boy stepped out in front of him. We found witnesses to confirm the driver of the auto lost control and swerved into the yard, but it would have been quicker if the officer had written down statements or someone with the boy's family, or if they had called Coxwell & Associates immediately after the accident.

When you are on the scene it is usually better to avoid comments about fault. If you have been rear-ended by another car, it is not going to hurt to say the other person hit you. But there are going to be accidents that are not clear cut. This is a tough position to be in because the office may want to speak with you. It is always important to be truthful but sometimes after an accident people can be shaken up and making comments before you speak with a lawyer may hurt your case. I want to emphasize it is very important to speak with a lawyer before you speak to any insurance adjuster. Don't forget the insurance adjuster for the other side wants to pay a little as possible. He is out to help his company, not you. If an adjuster calls do not discuss anything with him until you speak with an attorney. It is unfortunate but this is the advice we see violated most often. People will speak with the other side's adjuster and even give the adjuster a "carte blanche" right to get their medical records, including private, personal medical records that may not be relevant to the accident.

These are the major things to remember in every accident case. The more serious the accident or the more serious a person is hurt, the more these guidelines should be followed. It is usually good to discuss serious accidents with your family members and have a plan in the event a tragic accident happens. That way someone can take the steps necessary like calling the lawyer so an investigator can get on the scene or notifying other family members or the family doctor. Call your lawyer and do not talk to the other side's adjuster. Get the medical help you need and explain in detail to all medical providers what problems you are having after the accident. If you do these things you will be on your way to having a better legal resolution of your accident case.

Continue reading "What You Should Do After An Auto Accident" »

LAWSUITS: FANTASY V. REALITY

I'm sure everyone has heard of "frivolous lawsuits" and how they are to blame for rising insurance costs, driving doctors away, and the decline of Western Civilization as we know it today. The truth of the matter is certain politicians have created the fear that there are "runaway juries" which will destroy America unless there is so-called "tort reform"! Why do they want to do this? Easy. Big Insurance and Big Business lined the pockets of these politicians to push their agendas. Big Insurance and Big Businesses do not want to be held accountable for their actions. They want to be protected. Below we have listed some of the popular "Myths" in the justice systems along with the actual "Facts". You read and decide for yourselves

1. MYTH: Frivolous lawsuits are flooding our legal system.

FACT: Frivolous lawsuits do not exist as represented by tort reformers.
A May 2006 study conducted by Harvard School of Public Health and Brigham and Women''s Hospital shows that 97 percent of medical malpractice claims are meritorious . Eighty percent of those claims involved physical injury, which killed or permanently disabled the victim. Sadly, only 56 of these claimants received compensation for their losses.

FACT: The number of lawsuits has significantly decreased in recent years.
Between 2002 and 2003, the number of tort cases filed on the federal level decreased by 28 percent, according to the Administrative Office of the U.S. Courts. In 2005, the Justice Department reported that the number of federal cases has decreased by 79 percent since 1985.

Between 1992 and 2001, the number of civil trials filed in state courts decreased by 47 percent, according to the Department of Justice. The number of tort cases specifically, decreased by 31.8 percent during that same time.

FACT: Businesses, not consumers, are far more likely to file frivolous lawsuits.
Businesses and their attorneys are far more likely to file frivolous claims than the average American. In a recent study, 69 of the 100 most recent sanctions due to cases of frivolous lawsuits were against businesses and their attorneys. US businesses file four times as many lawsuits than private citizens.

2. MYTH: Plaintiffs are being awarded outrageous and unwarranted sums of money for their losses.

FACT: The amount of compensation awarded in personal injury cases is in decline.
The amount of compensation awarded to victims, who have been seriously injured through no fault of their own, has drastically decreased over the past few years, according to the Department of Justice. Between 1992 and 2001 the average personal injury award decreased by 56.3 percent.

FACT: The payout in medical malpractice cases has decreased over the last four years.
A 2005 Public Citizen study revealed that medical malpractice payments to victims fell nearly 14 percent between 2001 and 2004. In 2001, juries voted against injured victims in three of four medical malpractice trials, according to the Bureau of Justice Statistics (BJS).

3. MYTH: Capping damages lowers medical malpractice insurance premiums for doctors.
FACT: Tort reform caps result in savings for insurance companies NOT doctors.
Capping damages does NOT translate into savings for doctors who continue to pay exorbitant medical malpractice insurance premiums. According to an independent research organization, "most insurers continued to increase [doctor''s] premiums at a rapid pace, regardless of caps" or reductions in plaintiff''s awards (Weiss Ratings 6/3/03).

In states with tort reform caps on damages, the average insurance premiums are nearly ten percent higher than the average in states without caps (The Medical Liability Monitor, 2004). Take it from the insurance industry, "Insurers never promised that tort reform would achieve specific savings [on insurance premiums]" - the American Insurance Association.

Medical malpractice insurance costs are cyclical. Litigation does not drive the cycle.
Therefore, doing away with fair compensation for victims will NOT help an
American citizen AND it will do nothing to help doctors who pay high insurance costs.

4. MYTH: The tort system places a $300 billion burden on the economy.

FACT: There is no such thing as a tort-tax.

The figure in the myth above comes from the insurance industry, which has a vested interest in propagating tort reform myths. In this so-called cost assessment, Tillinghast-Towers Perrin included insurance company costs, overhead, and the salaries of the insurance industry's CEOs. For example, the salary of AIG's chairman--a whopping $29 million a year--was figured into this supposed cost of the tort system. The TTP assessment didn't include relevant data, which makes their figure more a reflection of the cost of the insurance industry rather than the cost of the tort system.

The idea of a "tort tax" dates back to 1988, when one man coined the term and quantified this so-called tax in a book called Liability. Several researchers immediately examined this man''s methods of determining this tax. They found that he had made it up. "The $300 billion figure has no discernable connection to reality," observed The Economist. The Congressional Budget Office has repudiated the so-called tort tax.

5. MYTH: Medical malpractice claims run up the cost of healthcare.

FACT: Medical malpractice claims have a negligible effect on US health costs.
According to the Congressional Budget Office in January 2004, medical malpractice costs constituted only two percent of the total cost of healthcare in the United States. Other figures from Public Citizen show that malpractice costs represent only 0.62 percent of the nation's expenditures for health care.

In 2003, the top HMOs in the United States reported doubling their profits, according to the Jacksonville Business Journal.

6. MTYH: Lawsuits are filed at the slightest provocation.

FACT: Many people who are seriously injured never file a claim.

Of the hundreds of thousands of people who are harmed by medical malpractice annually, only one in eight ever file a claim, according to a Harvard Study. Of the thousands of people injured by consumer products each year, only ten percent file a claim to seek compensation for their losses and suffering, according to a study by the Rand Institute for Civil Defense.

7. MYTH: Doctors are forced to practice "defensive medicine" for fear of medical malpractice lawsuits.

FACT: No evidence indicates that doctors practice "defensive medicine" as a response to lawsuit threats.

Defensive medicine, or extra medical tests given to avoid lawsuits, is a concept developed by a member of the Bush Administration. Every independent researcher who has tried to replicate this man's findings has been unable to do so, indicating that his findings were entirely fabricated (Public Citizen).

8. MYTH: Lawsuits threaten to drive doctors out of practice and bankrupt small businesses and factories.

FACT: Most lawsuits are not even filed against doctors or companies.
Most lawsuits involve complaints by one private citizen against another. Only 39 percent of tort lawsuits involve an individual filing a claim against a business (The Department of Justice). A lawsuit cannot destroy a business unless that business generates a profit based on fraudulent or unsafe practices (Public Citizen).

FACT: The number of lawsuits against doctors is decreasing while the number of practicing physicians is increasing. Evidence shows that the number of lawsuits filed against doctors has declined in recent years, while the number of practicing physicians has increased. According to the American Medical Association, the number of US doctors has increased by 40 percent since 1990. Additionally, since 1990, the number of ER doctors has doubled, the number of neurosurgeons has increased by 20 percent, and the number of OB/GYN doctors has increased by 25 percent.
There is not one shred of evidence to suggest that medical malpractice claims are forcing doctors to close their doors. While some doctors have suffered due to high insurance premiums, we know these costs have nothing to do with lawsuits and are purely the product of a rapacious insurance industry.

9. MYTH: Punitive damages are awarded to often and for too much money.

FACT: Punitive damages are rarely rewarded in civil suits.

Punitive damages are only awarded in 3.3 percent of all tort trials won by the victim, according to the Department of Justice). Punitive damages are intended to punish the defendant in cases of blatant or malicious wrongdoing and prevent others from committing similar acts in the future. Given the statistics, it would seem that punitive damages are very conservatively awarded to the victims of egregious acts.

Continue reading "Mississippi Lawsuit Myths Debunked" »