Indiana Injury Lawyer Blog

Parr Richey partner Paul Kruse obtained a jury verdict for his client for $75,000 in a trial held this month in Marion County, Indiana. Our client was a 54 year old dump truck driver whose vehicle was overturned when he was cut off by a driver insured by Allstate Insurance. Our client suffered neck and shoulder injuries, and had permanent pain and lost range of motion after therapy and exercise failed to resolve the injuries.

Allstate Insurance only offered $10,000 before trial to settle the matter, despite healthcare expenses and lost wages in excess of $14,000. Allstate admitted fault one week before trial and elected not to have the defendant driver appear at trial.

Of note in the trial was that plaintiff's healthcare was provided by a physician assistant (PA). Physician assistants are often utilized in busy medical practices and are allowed to examine, treat and prescribe healthcare, including prescription medication, under the supervision of a medical doctor. PAs have postgraduate schooling in medicine, although they do not participate in clinical training and do not receive a doctorate degree. We used the PA to testify in court regarding our client's condition and prognosis for the future and chose not to have a medical doctor testify. After the trial, jurors said they had no concern about the credibility of the PA, and several acknowledged that they had seen PAs for their own healthcare.

Jury trials for damages for personal injuries are difficult, especially in a political climate in which insurance companies try to poison public perception about lawsuits and claims. But we are lucky to have a constituion that provides for a trial by our peers in resolving civil disputes.

With police, schools and employers all utilizing Facebook as a resource to discover information about people, it is no surprise insurance adjusters are following suit. MSNBC.com posted an article by the Associated Press reporting that a woman lost her long-term sick leave benefits being paid an insurance company after one of the company's representatives discovered pictures of her in good health at a night club.

Insurance company adjusters and representatives handling disability claims, worker's compensation claims and personal injury claims have started to use social networking sites such as Facebook and MySpace as a resource to collect evidence of malingering injuries. However, some pictures may create the appearance that an injury victim is in better health than they actually are, or the picture was taken before their injury occurred. For the reason that some pictures displayed on social networking sites may inaccurately portray an injury victim's health and condition, it is important injury victims closely monitor the content accessible to others in their personal profile.

Whitetail deer season is underway here in Indiana and motorists are being cautioned to stay on the lookout for deer crossing Indiana roadways. There are several factors contributing to the rise of deer/motor vehicle accidents in these fall months: opening of deer season, deer mating season and a reduction in habitat due to fall harvest.

Indiana is one of the top states in the U.S. for the number of deer/motor vehicle collisions annually. Deer collisions can cause significant property damage and serious personal injury. Indiana drivers are cautioned to stay alert and be on the lookout for deer crossing Indiana roadways.

Be sure you are sufficiently covered through your insurance policy in the event of a deer collision. Collision coverage in your insurance policy generally does not cover deer collisions. Look to see if any provision within your automobile insurance policy covers deer collisions and determine if you are adequately covered.

Below Parr Richey Obremskey Frandsen & Patterson Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare costs. Furthermore, Mr. Kruse explains why no further tort reform for medical malpractice claims is necessary.
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Your recent editorial on September 17, 2009, authored by Chip Minemyer, titled “Without Tort Reform, There Should Be No Health Overhaul,” was misleading and inaccurate. It was simply an attempt to influence public opinion in favor of big corporations and insurance companies and harpoon injury victims’ claims.

Minemyer starts his column with the statement that litigation reform is an issue “central to improving the cost of healthcare and access to treatment.” In fact, the cost of medical malpractice is actually a tiny percentage of healthcare costs, in part because medical malpractice claims are far less frequent than insurance companies would lead people to believe. According to the Congressional Budget Office (CBO), malpractice costs amount to less than two percent of overall healthcare spending.

President Obama proposed to implement measures to limit the legal rights of severely injured persons as part of the healthcare discussion, apparently as a bargaining chip to reduce Republican opposition to his healthcare reform plan. His medical malpractice reform proposal will hurt patients and dump more cost on taxpayers. It would not eliminate death and injuries but merely shift costs of caring for malpractice victims from perpetrators of malpractice to hard pressed state Medicaid systems, for which state and federal taxpayers share the cost. In fact, according to the insurance industry’s own data, medical malpractice insurance claims and premiums have been trending downward for years.

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