Can I choose my own physician in a workers compensation case?

YES, BUT be careful.  In Mississippi, after you have had a surgery or treated with the same physician for six months, you are stuck and you lose your choice.  This is critical because often insurance companies and employers will initially steer you to the doctors they know will be more on their side.  They just hope they can keep you there for six months before you find out you could have chosen your own doctor and never had to accept who they recommended for treatment to begin with.

You do not have to sign a choice of physician form to get treatment.  Most people don't think to ask this question and just assume the insurance company is steering them to the best doctor.  If you have been injured recently, you should seek attorney advice to make sure you are on a treatment path with doctors known to be fair rather than those who tend to side with the insurance company. So many of our firm's clients waited too late to get a free consultation, and we have to spend the rest of their case scratching and clawing to undo the damage that has already been done.

If you have been recently injured, or even if your injury was a long time ago, call our office today for a free and confidential consultation.  You will get to discuss the facts of your case, all the things the employer and insurance adjuster have told you, and most importantly, you will get advice on what you were told correctly and incorrectly.  It is a perfect opportunity to dispel the myths that you may have heard from a friend of a friend and make a decision on how you can best proceed in your best interests based on honest and real information rather than what others may have incorrectly told you. Contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com.  As always it is free and you will have no obligation to hire us.  

Is the nurse case manager allowed to come into the doctor's visit with me in a workers compensation case?

In many workers compensation cases, the insurance company (who is not on your side) will hire a nurse case manager to be involved in management of your medical treatment.  Most nurse case managers are nice, compassionate, caring and will make an injured person feel good.  But one has to ask: are they on the side of the patient or on the side of the insurance company that is paying them?  A nurse case manager may be handy in scheduling appointments and keeping information flowing, but what happens when they meet with the doctor in private?  Are they trying to maximize the value and remedy in your case, or are they trying to minimize the amount of money that the insurance company has to pay.  The fact that the insurance company pays them to be there ought to make the answer to this question obvious.

Here's the answer:  NO.  You have a right to privacy when you are hurt at work, even when the insurance company is paying your benefits, and even when the insurance company pays for your doctor bills.  But it's not as simple as telling the nurse case manager to buzz off.  The Mississippi Workers Compensation commission has ruled that a nurse case manager can be involved, and the insurance company and its lawyers, nurses, and representatives can to talk to doctors with or without you around unless you exercise your right by filing what is known as a petition to controvert with the Commission.  So if you play your cards right and find the right lawyer with the he right strategy, you can prevent a nurse case manager from meddling with your case and let the doctor make decisions independent of influence from the insurance company.

People are often scared, skeptical and downright opposed to hiring a lawyer.  It makes them feel like they are in a fight they don't want to be in.  After all, if the insurance company is paying your benefits as required, why would you want to take a chance of messing that up?  The answer is simple: insurance companies cannot withhold benefits just because you hired a lawyer.  But a good lawyer can certainly hold their feet to the fire and make sure you get what you are really supposed to get without getting steered in the wrong direction by outside pressure.  If you are one of those skeptics, I would recommend you take advantage of the free consultation our firm offers.  The most important thing about the consultation is that it is confidential.  Your boss and your insurance company will never know you got armed with some free advice.  You do not have to hire a firm just because you consulted with one.  Instead, you can find out real information and real long term solutions without any obligation or risk of retaliation. 

Rogen K. Chhabra

For a free consultation to weigh your options and see if you really are being treated properly as they tell you that you are, contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com.

THE ECONOMIC PAIN CONTINUES DUE TO VW’S DECEPTION

As discussed last week, lost in the chaos about Volkswagen’s deception in fooling regulators about the emissions of its “clean” diesel engines is the very real economic damages of used car dealers who purchased VWs for resale.  Those small businesses are now left holding the bag because of VW’s deception. The same is true for branded VW dealers who have hundreds of thousands of dollars — if not millions — in inventory that now can’t be sold.

Having to hold that inventory causes serious economic harm to dealers.  That is because there is a daily cost for holding pre-owned inventory on a used car lot and used cars lose their value while sitting on a used car lot for an extended period of time. Profit margins for used cars begin to dramatically decline after the vehicles are on a lot for more than 30 days. Further, there are costs incurred in holding vehicles in inventory.  The same is true for new vehicles, sitting on branded VW dealers’ lots.

Those small business owners might need to buckle in for a long ride.  This morning, Volkswagen announced that it will launch a massive recall in January of the VW cars that have been affected by this scandal.  Evidently, a software update might be sufficient for most cars, but other vehicles might require new fuel injection equipment and catalytic converters.

VW said that the recall won’t begin until at least the new year and only after German authorities have approved the company’s plans to fix the cars.  And even when it starts, VW does not believe that it will be completed until the end of 2016.

So small business owners — used car dealers and VW branded dealers — are looking at several more months — if not a year — until a real fix is instituted and the economic pain caused by VW’s deception can begin to subside.

If you or a loved one have purchased any of these vehicles, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . You deserve to be compensated. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

Small Business Owners Affected By VW’s Deception

Lost in the chaos about Volkswagen’s deception in fooling regulators about the emissions of its “clean” diesel engines are the very real economic damages of a certain group of small businesses.

Among the effected are used car dealers who are left holding the bag because of Volkswagen’s deception. That is because those small business owners made economic decisions for their businesses, unaware of VW’s deception.

The economic impacts are clear.  There is a daily cost for holding pre-owned inventory on a used car lot and used cars lose their value while sitting on a used car lot for an extended period of time. Profit margins for used cars begin to dramatically decline after the vehicles are on a lot for more than 30 days. Further, there are costs incurred in holding vehicles in inventory. Formulas can be used by dealers to determine the “Days in Stock Break – Even Point” which identifies the number of days a vehicle can remain in the used vehicle inventory before profitability on that vehicle hits a “break-even point.” Cars that cannot be sold in a certain time period or at a profit are wholesaled at auction or sold to another dealer.

Automotive dealers either pay cash or use debt to finance used vehicle inventory. Regardless of which avenue a dealer uses, each day a car sits unsold on a dealer’s lot, there is a daily cost associated with holding that car.

Most dealerships have a low threshold for adversity; liquidity and cash positions are affected very quickly. For example, having $200,000.00 in cash tied up in ten to twelve recalled vehicles that can’t be sold can cripple a dealership. Dealers that rely on debt  to finance their dealership have even a higher risk and less ability to withstand hardship because payments to reduce the principal amount must be made on the balance of the unsold inventory. A dealership should not have any more money tied-up in inventory than is absolutely necessary. This is why dealers will sell vehicles to other dealers, even if they have to do so at a loss. Doing so eases cash considerations even though the vehicle did not make a profit. Excess inventory levels have negative consequences on cash flow and, consequently, on the ability to meet the cash demands of an ongoing business.

Because of Volkswagen’s Stop Sales Orders, used car dealers were forced to pull popular models from their lots and have not even had the opportunity to sell the vehicles subject to the recall to the public, other dealers or auto auction houses. Thus, dealers’ money has been tied up in inventory with no chance of a foreseeable return. If in debt on the vehicle,  the dealers have carried interest and other costs associated with holding the cars during the pendency of the recall. If the inventory was financed with cash, dealers are unable to realize a financial return on the cash tied up in the unsold Volkswagen inventory. Automotive auction houses have, likewise, been forced to carry expenses on vehicles subject to the Stop Sale Order. Finally, there is now a stigma associated with Volkswagen vehicles and the values of the vehicles have dropped. All of these damages have been caused by Volkswagen’s deceptive actions.

These small business owners, like consumers, are affected by Volkswagen’s deceptive acts and deserve compensation for their economic losses.

If you or a loved one have purchased any of these vehicles, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . You deserve to be compensated. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

The Volkswagen Emission Deception

Recently, Volkswagen owners learned they were the victims of a deception. While many of these owners took pride in investing in vehicles believed to be equipped with some of the most environmentally-friendly technology, known as “clean diesel,” for which they paid thousands of dollars, these drivers instead learned that VW had done nothing more than engineer its vehicles to cheat on environmental tests.

According to the Environmental Protection Agency, an investigation into VW vehicles was launched in 2014 to assess compliance with the Clean Air Act by VW diesel light duty vehicles model years 2009 to 2015. Questions had been raised after a study revealed that in the lab, VW vehicles complied with federal emission standards, yet road tests indicated the cars actually emitted nitrogen oxide over 40 times the federal limits.

VW has now admitted to installing software known as a “defeat device” in over 400,000 of its vehicles. This software can detect when emission testing is being performed and then activates countermeasures to reduce emissions. When the vehicles are not being tested, this emission-reducing technology is disabled, leading to the drastic rise in pollution levels.

For more than a year, VW deceived the EPA, telling regulators that the discrepancy between lab and road tests could be explained by “various technical issues and unexpected in-use conditions.” It was not until the EPA threatened not to approve VW’s 2016 line of diesel cars that the automaker decided to come clean and admit to its massive deceit.

Aside from its admission of guilt, VW has now halted sales of its diesel vehicles in the U.S. However, this is only the start of what will surely be a long road to recovery for the auto giant. According to EPA regulations, the company could be fined $37,500 for each car sold with a defeat device — a potential fine of $18 billion.

And aside from the regulatory penalties, consumers should be compensated for this deception.

The VW vehicles affected include:

2009 VW Jetta, VW Jetta Sportwagen

2010 VW Golf, VW Jetta, VW Jetta Sportwagen, Audi A3

2011 VW Golf, VW Jetta, VW Jetta Sportwagen, Audi A3

2012 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3

2013 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3

2014 VW Beetle, VW Beetle Convertible, VW Golf, VW Jetta, VW Jetta Sportwagen, VW Passat, Audi A3

VW Beetle, VW Beetle Convertible, VW Golf, VW Golf Sportwagen, VW Jetta, VW Passat, Audi A3

If you or a loved one have purchased any of these vehicles, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . You deserve to be compensated. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

Xarelto

Xarelto is linked to serious side effects, including the potential risk of bleeding. In the first quarter of 2013, the number of reported adverse events associated with Xarelto surpassed Pradaxa, another new oral anticoagulant, which had previously ranked as the No. 1 reported drug for adverse events in 2012. As a result, the U.S. Food and Drug Administration changed its boxed warning on Xarelto in March 2014.

Legal cases involving this powerful anticoagulant drug marketed as a blood thinner can be very complicated. That’s why it’s critical you have an experienced Xarelto injury lawyer on your side. Don’t let pharmaceutical companies dictate what happens to you. Contact us. Our attorneys at Chhabra & Gibbs, P.A. can help you get the legal assistance you need.

What are serious side effects due to Xarelto?

Bayer AG created and marketed Xarelto primarily as a blood thinner. Unfortunately, this powerful drug has many dangerous side effects, including:
·         Major/Serious Bleeding
·         Brain Hemorrhaging
·         Gastrointestinal Bleeding
·         Urinary Tract Bleeding
·         Adrenal Bleeding
·         Pulmonary Embolisms
·         Stroke
·         Spinal/Epidural Hematomas
·         Fatal/Uncontrolled Bleeding
·         Thrombosis

How do you know if you or a loved one is suffering from serious side effects from Xarelto?  Some of the most common symptoms due to Xarelto exposure include nose bleeds, vomiting blood, headaches, dizziness, fainting, fatigue, red or brown urine, hypotension, unexplained swelling and muscle weakness.

What should I do if I am suffering from side effects due to Xarelto?

Don’t underestimate the seriousness of your symptoms. If you believe you or a loved one is a victim of Xarelto, we strongly urge you to take the following steps:

Seek immediate medical attention – Don’t take chances with your health. Visit an emergency room or your own doctor now. Serious health problems due to Xarelto can be life threatening.

Gather evidence – The more information you have about your health issues caused by Xarelto, the better off you will be if you need to file a Xarelto lawsuit. That way, if an insurance company or pharmaceutical manufacturer raises doubts, you’ll have proof of your medical issue. Evidence can include such things as photographs of health issues, copies of medical records and prescriptions, and a timeline or journal of when and what you notice about your health.

You might think you don’t need a lawyer. If you or a loved one is suffering from serious side effects due to Xarelto, you might think you can deal directly with insurance companies or Bayer HealthCare AG and Janssen Pharmaceuticals, which markets Xarelto in the United States.

Don’t be so sure. In most cases, most insurance companies and multi-national drug manufacturers only care about one thing – paying injury victims as little as possible. Make sure you have an attorney you can trust looking out for your best interests in your product liability case.

Don’t let large corporations dictate what happens to you. Take back control. Contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . We might be able to help you receive compensation allowed by law for damages or injuries. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

$635,325 Judgment in Lincoln County Wrongful Death Bench Trial

Recently, Chhabra & Gibbs, P.A. gained another major victory on behalf of one of our clients. Philip W. Thomas, from the MS Litigation Review blog site, made a recent blog article explaining the outcome of the case:

$635,325 Judgment in Lincoln County Wrongful Death Bench Trial

On July 23, 2015 Circuit Court Judge David Strong entered a $635,325 judgment in McCrory v. Lincoln County School District. The judgment resulted from a tort claims act bench trial in a case involving a car-school bus wreck.

The accident happened in 2011. The decedent, Tammy Jo Brown was traveling on a road in Wesson when she collided with a Lincoln County school bus traveling in the opposite direction. The school bus was two feet over the center line at the time of the collision. Brown died at the scene.

Brown was speeding: 68 mph in a 20 mph zone before the collision and 52 mph at the time of the collision. The school bus was also speeding: 35 mph. The bus driver saw the car approaching from two hills away, yet didn’t get into her own lane. The bus driver also didn’t show up for the trial.

The Court apportioned 90% fault to the bus driver and 10% fault to Brown. The Court assessed damages as $205,917 in economic damages and $500,000 in loss of society and companionship.

Due to Brown’s 10% fault, the damages were reduced and judgment entered in the amount of $635,325.

Defendant’s top offer to settle before trial was $230,000. 

      

Darryl Gibbs of Chhabra & Gibbs in Jackson represented the plaintiff. Bobby Thompson with Copeland Cook in Ridgeland represented the County.

If you or a loved one have experienced any type of injury or death due to someone else’s negligence, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . We might be able to help you receive compensation allowed by law for damages or injuries. It doesn’t cost you anything to call and talk to an attorney to see what options you have.