"Ask a Lawyer" - A Settlement is FINAL

I had a car accident ten months ago and I went to the ER and saw my family doctor a few times.  I felt better, so I took $2500 that the other driver’s insurance offered.  Now, I am going to have surgery because of the accident. On top of that, Blue Cross is asking for money back that they paid for treatment from this accident.  Can I go back and get more money from the other driver’s insurance? Rudy K., Empire

If you signed a release when you accepted the money from the other party in the accident, you cannot recover anything further. A settlement with the other party is complete when a release is signed. This means you will not receive anything more, even if your condition gets dramatically worse. Settlements are for all of your damages both past and future. Damages covered by settlement include: past medical treatment costs, future medical treatment costs, lost wages, future lost wages, past and future pain and suffering, mental anguish and other out of pocket damages you incur. When you settle and sign a release with the other party, you are settling for all of those damages at that time. 

Before you settle with an insurance company, you should be absolutely certain of your future medical condition. Insurance adjusters often offer a small amount right after an accident in order to close out the possibility of paying a lot more later. The adjuster will often pressure you to take the settlement quickly and tell you that the offer will only be available for a short period of time. Sometimes, an adjuster may even tell you that he will withdraw the offer if you consult an attorney.

It surprises the vast majority of personal injury claimants that if they recover from an accident, they are almost always required to reimburse their own health insurance carrier for amounts paid because of the accident. None of us read our health insurance policies, and it comes as a surprise to learn that buried somewhere in these documents are several paragraphs providing that if an insured party makes a recovery in a personal injury case, he or she is required to reimburse the insurance company.

Some clients are angry to find out about these provisions. My clients often feel that they paid a substantial premium for the coverage and should not be required to reimburse the health insurance company to whom they paid monthly premiums. Some people even feel these insurance company recoveries constitute a windfall for greedy insurance companies!

If a person has their medical bills paid for by Medicare or Medicaid, they also have to reimburse these entities as well. Dealing with Medicaid, Medicare, BlueCross or other insurers can be extremely complicated. Most claimants need an attorney to help them through the complicated paperwork. We can always negotiate a reduction in the amount claimed by Medicare, Medicaid, BlueCross or other health insurance providers.

Nelson, Bryan and Jones represent clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Hit and Run Accident

Recently, I had an auto accident. The other driver ran me off the road fled the scene. I was pretty shaken up and couldn’t get the tag number.  I gave the police a description of the car but the other driver got away.  My medical bills are huge.  What can I do?  Vince, Arley

Car accidents are extremely traumatic, causing serious injury and property damage. The law gives the victim the right to claim compensation for losses suffered in an accident caused by another person’s fault. However, in hit and run car accidents, the claims process can become complicated. 

First - Never Leave the Scene of an Accident

The law forbids drivers involved in accidents to flee the scene, whether or not he/she was at fault.  A driver must not leave the accident scene before providing relevant information to the police, or the other people involved in the wreck. If a driver flees the scene without doing this, he or she can be charged with a crime. If the accident causes the death of another person, the crime may be a felony and the at-fault driver could have to serve time in prison.  Almost 11 percent of all motor vehicle accidents involve a hit and run. Every year, almost 2,600 people are killed by a hit and run driver.

The most common reasons behind hit and run accidents are:

·      Drunk driving or driving under the influence.

·      The at-fault driver does not possess a valid driver’s license, and fears trouble.

·      The at-fault driver is uninsured.

·   The at-fault driver knows he or she caused the accident because of distracted driving or speeding.

Will your auto insurance cover a "hit and run" accident?

Yes.  A tougher question is whether your insurance covers an accident when another driver runs the victim off the road, but the vehicles never collided.

What is considered a "Phantom Vehicle" Accident?

A "phantom vehicle" is a vehicle involved in an accident, but the driver and the vehicle cannot be identified. This term applies when the "phantom vehicle" hits another car, but drives away from the accident before the vehicle can be identified. The term also refers to incidents where the "phantom vehicle" causes an accident but has no physical contact with the victim's vehicle.

Alabama's take on the "phantom vehicle" issue

Historically, Alabama recognized that unknown drivers of vehicles causing accidents with physical contact were defined as uninsured. However, with regard to the no-contact phantom vehicle, state and federal laws in Alabama were at odds. In 2002, the Alabama Supreme Court ruled that a corroboration requirement to prove a no-contact phantom vehicle accident was an illegal insurance exclusion. A “corroboration requirement” would mean that a person had to produce evidence of a phantom vehicle other than his/her own testimony.  Often times, that would be impossible. 

If you have questions regarding uninsured motorist insurance coverage, or any other personal injury matters, contact Nelson, Bryan and Jones at (205) 387-7777.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Mesh Implants

I am a 38 years old woman who had a mesh implant three years ago.  Now I am having awful issues with it.  I read that there is a lawsuit over these implants.  Will the lawsuit make the company pay for removal? Angie, Dora

Also called a sling, patch, and tape, a mesh implant is a surgical mesh device used to treat pelvic organ prolapse and stress urinary incontinence in women. Several medical device manufacturers such as C.R. Bard, Johnson & Johnson, American Medical Systems, and Boston Scientific manufactures and sells surgical mesh products designed for implantation. Recently, the FDA and thousands of patients have been questioning the safety of these products; the FDA even issued a warning to patients and healthcare providers regarding the potential risks of this product.

More than 5,000 patients filed injury reports to the FDA during 2005 and 2014. The FDA estimates that failure rates for mesh devices may be as high as 10 percent. Device failure can result in serious complications such as:  scarring, recurrence of condition, inflammation, mesh erosion, urinary problems, and pain.

Why did the FDA approve a product with such a high failure rate? 

The first mesh device was approved in 1996 under the FDA code 510(k), a clearance process that does not require the manufacturer to conduct thorough testing of the product. Although the device was recalled after three years, due to overwhelming numbers of injury reports, dozens of medical device manufacturers have been able to receive clearance for products similar to the recalled mesh.

If you are satisfied with your treatment, it is not necessary for you to take further action. However, it is important for all patients to go through annual and other routine check ups to ensure complications do not develop in the future.

If you have suffered health complications, patients may file a product liability lawsuit against the medical device manufacturers.  Compensation claimed in a lawsuit will include an amount to pay for a revision or removal.  Presently, several companies are facing lawsuits from women who have been harmed as a result of mesh devices such as: Gynecare, TVT, Avaulta, Gynemesh, Elevate, Perigee and Advantage Mid-Urethral Sling

Patients who have been injured by a surgical mesh implant and are considering legal action should contact a professional product liability lawyer as soon as possible.

Product Liability lawyers at Nelson, Bryan and Jones have accumulated years of experience litigating against large corporations on behalf of wrongfully injured consumers. With a track record of successfully taking on large corporations, our attorneys have recovered millions of dollars in settlements and verdicts for seriously injured victims. For more information on how the lawyers at Nelson, Bryan and Jones can help you, please call us today to schedule a free consultation.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Who is Responsible for Paying Your Medical Bills after an Auto Accident?

I had a car accident that was not my fault.  How will my increasing medical bills get paid? Suzanne, Curry

Once you begin recovering from your injuries after a car accident, you will probably start to wonder how the medical bills are going to be paid, especially when you are not at fault for the car crash.

Our firm handles car accident claims everyday of the year. A car accident lawyer can help you recover damages for medical bills resulting from another driver’s negligence.

Who is Responsible for Paying Your Medical Bills?

Ultimately the responsibility to pay for your medical care lies with you. However, before you break out the checkbook speak to a car accident lawyer about filing a claim against the at fault party.

Proving liability after your car accident and helping you recover damages is just a part of what a team of lawyers will handle for you. We are shrewd negotiators who can assist you in minimizing those medical bills to put more money in your pocket.

Using Your Health Insurance

Your health insurance policy should be used first to begin paying your medical bills. They only pay a fraction of what you would be, cutting down on the overall expense after you have reached a settlement with the negligent driver’s insurance company. Your health insurance company has the right to demand compensation from you for their expenses if you receive money from the defendant to help cover your medical costs.

When you use your health insurance policy to cover the costs of your medical care after an accident, an attorney can work out a deal with them to reduce the amount owed once the case has been settled.

If You Don’t Have Health Insurance

Some of our clients don’t have the benefit of insurance, or the high cost of care after an accident has caused it to reach its limit. Any bills that are left unpaid for should be brought to your lawyers’ attention immediately. They will negotiate with the hospitals debt collection department to reduce the amount owed.

How A Law Firm Can Help

Negotiating with your creditors is just one of the many ways your attorney can assist you in pursuing compensation for your car accident. Our goal is to help you recover as much of the damages you incurred as legally possible. This means helping to prove liability, providing proof of the financial losses you have sustained, and negotiating with the companies that you are now indebted to.

Nelson, Bryan and Jones can help you to maximize your compensation. Call our office today before beginning to make payments on your medical expenses. Be ready to discuss your case by having all medical records ready. From there we will help you to decide what the best course of action will be for you to handle the medical bills until the claim has been settled.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Zofran Breaking News - New Study shows that Zofran can cause birth defects including cleft lip, cleft palate, and congenital heart defects.

Zofran was approved by the U.S. Food and Drug Administration (FDA) to treat nausea and vomiting caused by chemotherapy and radiation. The drug was also prescribed to treat morning sickness in pregnant women, but it was not approved by the FDA for this use.

The Center for Birth Defects Research and Prevention recently published a study isuggesting that women who used Zofranduring the first trimester of pregnancy had a twofold increase risk of having a child with birth defects.

Possible Zofran defects may include cleft lip, cleft palate, and congenital heart defects. Although Zofran was not approved by the FDA for morning sickness, GlaxoSmithKline (GSK) promoted off-label use of the drug. GSK agreed to pay $3 billion in 2012 to settle numerous allegations including illegally marketing Zofran® for non-approved use. 

Mothers who took Zofran during pregnancy and had a child with cleft lip, cleft palate, or heart defects may be entitled to compensation.  Contact a Nelson Bryan and Jones (205-387-7777) to find out if you and your child are eligible for compensation.

Black Lung Benefits

The Black Lung Benefits Act is a federal law that creates a compensation system for a disabled miner and, after his death, for his surviving dependents.  In general, miners are considered disabled under the law if they can prove that their lung function is impaired enough to render them incapable of further work, and that the lung impairment is caused by pneumoconiosis (Black Lung), a medical diagnosis of pulmonary impairment from exposure to mine conditions. 

In some instances, however, a miner who has been employed in the mines for over 15 years can take advantage of a legal “presumption” that any lung disease or impairment is the result of exposure to mine conditions, whether or not the miner has a diagnosis of “pneumoconiosis.”  Miners, who benefit from the “presumption,” in other words, do not necessarily have to prove that their lung conditions were caused specifically by exposure in the mines.

Survivor benefits are a little different in what proof is required – and the law on the subject has a confusing history.  The original Black Lung law from 1970 required that a surviving spouse prove that the miner died from pneumoconiosis.  In 1972, Congress expanded it to cover spouses who could show that their miners either died or at death were disabled by pneumoconiosis.   Then in 1978, Congress expanded it again in two ways: (1) to include children, parents, and siblings of the deceased as being potentially eligible to receive benefits, and (2) to eliminate the need for the survivor to file a new benefits claim, if the miner had been receiving benefits before the miner’s death.  Then in the 1980s, Congress tightened back up many of the 1970s amendments, and in particular restored the requirement that death benefits to survivors required a showing that the miner died due to pneumoconiosis. 

Then came 2010 and the Patient Protection and Affordable Care Act, a/k/a “Obamacare.”  That law restored the 1978 law by eliminating the need for the survivor to re-file a claim for benefits after the miner died, if the miner had been receiving benefits before death.  The net effect was that if the miner had been receiving Black Lung benefits before death, the eligible survivor was entitled to benefits after death, regardless of any specific diagnosis.  The law also was written to be “retroactive,” or to apply backward, to claims filed after January 1, 2005 that were still pending in 2010. 

In a recent federal appeals court decision, U.S. Steel Mining Company challenged this provision in the Obamacare law.  The case involved a widow, Mrs. Starks, whose husband had worked in the mines and had been receiving Black Lung benefits before his death.  After his death, she filed a claim for survivor benefits under the Obamacare amendment, but U.S. Steel opposed that request, claiming that even after the Obamacare law, Mrs. Starks still had to prove that her miner died of pneumoconiosis in order to receive benefits.  Mrs. Starks won her case in late June of 2013 in a decision from the Eleventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Alabama residents.  The Court rejected U.S. Steel’s arguments, finding that Mrs. Starks did not have to prove a cause of death in order to receive survivor benefits, and that the Obamacare provisions concerning Black Lung were constitutional.

The decision in the Starks case is a significant win for families of miners. The significant “takeaway” from the Starks decision is this: it is better to have your miner apply for Black Lung benefits while he is still alive, even if he is totally disabled, because there may be a higher burden of proof on survivor benefits claims after he dies.

Whatever you may think of the Obamacare law generally, the provision that expands Black Lung benefits for families of miners is a major win for many folks in this area. 

If your family has a miner who you think may be disabled, we encourage you to talk to an attorney.   We have handled Black Lung Cases for over 30 years.  Give us a call at 205-387-7777. 

FDA Orders Warning Labels on Testosterone Drugs

The Food and Drug Administration said Tuesday that it is requiring drugmakers to warn patients that testosterone products may increase the risk for heart attacks and strokes.

From WebMD:

March 4, 2015 -- Testosterone-boosting drugs taken by millions of American men have never been proven to be safe or effective for treating aging-related problems, the U.S. Food and Drug Administration says.

On Tuesday, the agency also said the drugs can increase the risk of heart attack and told manufacturers they must add that caution to the warning labels on the products, the Associated Press reported.

A similar warning about testosterone drugs was issued last summer by Canadian health officials.

The agency also told drug companies must clarify that the drugs are only approved to treat low testosterone levels caused by injury or disease.

For years, testosterone pills, patches, gels and injections have been marketed as treatments for low testosterone levels, and sales of the drugs have risen to more than $2 billion.

"There's been a very successful advertising campaign to make men feel that whatever their problem is, the answer is to buy more testosterone," Dr. Sidney Wolfe, of the consumer advocacy group Public Citizen, told the AP.

Last February, the group petitioned the FDA to have testosterone drugs carry a boxed warning -- the most serious type -- about heart risks, but the FDA said there was "insufficient evidence" for such a warning and rejected the petition.

The FDA launched a safety review of testosterone drugs in January 2014 after two federal studies linked them with higher rates of serious problems such as heart attack and stroke. However, other studies have suggested an association between testosterone replacement and longevity, the AP reported.

Men's testosterone levels naturally decrease after age 40, but there is disagreement on whether this actually causes problems such as lower bone density and less energy.