Let the Sun Shine In: Carriers Relent, Let Ratepayers See Documents Filed with the State

Even insurance carriers can no longer deny the basic fairness and justice for public disclosure of their filings with New York State when they seek rate increases.       Incredibly, for the longest time, the carriers insisted that these filings with the State should be kept secret from the very people from whom they were seeking rate increases.   Kudos to the New York State Trail Lawyers Association, and all the public advocacy groups who have long fought for such “sunshine” provisions to protect our rights as citizens.  Read more details:

http://www.nytimes.com/2011/10/28/nyregion/7-more-insurers-end-fight-on-new-york-state-rate-filings.html?_r=1&ref=ninabernstein

More Things Insurance Companies Don’t Want You To Know

This report by a former insurance company worker doesn’t deal with with injuries specifically, but it does offer insight into claims handling practices by insurance carriers generally:

http://jobs.aol.com/articles/2011/09/27/trade-secrets-of-an-insurance-agent-8-things-insurance-companie/?icid=maing-grid10%7Chtmlws-main-bb%7Cdl14%7Csec1_lnk3%7C99411

Louisiana Court Finds Limitations on Citizens’ Rights to Recover for Damages Unconstitutional

Despite the never-ending assault by corporate special-interests on the rights of injured individuals, the Court system in our country is often the last vanguard of protection that the average citizen has for seeking remedy when they are injured.  For example,  Louisiana’s medical malpractice damages cap was recently found to violate the state constitution’s equal protection and adequate remedy guarantees, by their state trial court:

http://www.justice.org/cps/rde/xchg/justice/hs.xsl/16730.htm

Take a Look Behind the Heated Rhetoric

Too often we are misled by the headlines or slanted perspectives in the debate over injury claims and the state of our legal system.  Many times political decisions to limit the rights of injured persons are made too hastily in response to misinformation.  The infamous “McDonald’s Coffee Lady” is a good example.  For years, the media and interest groups have been convincing us this case can only be viewed  with shock and disappointment in how the jury system failed.   It has been a rallying cry for those who wish to limit access to the Courts for injured citizens.  For more than a decade, it has been touted as the inexcusable mistake made by an “out of control” jury system.   However, there is an untold truth behind the story: one of gross negligence, carelessness and indifference by a corporation that led to an innocent woman’s horrific injuries.  Please follow the link for information on a film that tells the full story.  You will be shocked and amazed at how well information about that case was controlled and manipulated through the years to sell a particular point of view. 

http://hotcoffeethemovie.com/

“Eduring power of being a well-placed friend” in Washington D.C.

Further confirmation in the New York Times that our elected officials are too often uncomfortably cozy with special interest groups that are not necessarily motivated by the “greater public good.”  This phenomenon crosses geographic and party lines.  Congressman Pomeroy (until January, 2011) from North Dakota is a democrat who received campaign contributions to the tune of hundreds of thousands of dollars from doctors, hospitals and similar industry officials.  He now has a private sector job: working for the same special interests as a lobbyist. 

 http://www.nytimes.com/2011/08/06/us/politics/06pomeroy.html?_r=1&hp

Jury System Still the Best Way to Preserve Rights, Justice

Despite the storm of controversy dominating the headlines in recent weeks, Ms. Lithwick puts it all into perspective.  The jury system is still a proper, effective means of protecting our rights, seeking justice and addressing wrongs:

http://www.slate.com/id/2299039/?GT1=38001

Our Legal System and Protecting Consumers

Words of wisdom from  Todd A. Smith, President of the Association of Trial Lawyers of America: 

Limiting the rights of individuals and juries does not achieve justice or improve our legal system. It never has. It never will. 

Please read the full article   http://www.nystla.org/index.cfm?fuseaction=article&articleID=1214

New York Car Accident Claims: Helpful Tips from State Insurance Department

We always want to avoid being in an auto accident, but if you are, this information provided by the New York State Insurance Department may prove helpful.  The State offers some tips for what to do at the scene of an accident, and many of the things encountered when dealing with the aftermath, including No Fault coverage for treatment of injuries and having your wrecked car repaired.  

http://www.ins.state.ny.us/auto/2010/auto1012.htm

Study Shows: Claims that Malpractice System is Burdened by Frivolous Litigation are… Frivolous

The facts gleaned right from the records of the very insurance industry that wants to curtail the rights of our injured citizens.  This study from the New England Journal of Medicine found that ”the number of claims without merit that resulted in compensation was fairly small…” 

http://www.nejm.org/doi/full/10.1056/NEJMsa054479#t=abstract

Why then do special interest groups push “reform” that harms the injured among us even further, rather than address methods of reducing mistakes and injuries that cause problems in the first place?

Lost Rights for the Injured a “Bad Bargain” that Fixes Nothing

The facts are always a better source of information than the rhetoric spewed by special interest groups.   Anthony Tarricone in the Huffington Post does a fine job of laying out some of the data concerning those among us who suffer injuries or death due to medical mistakes.  He does what we all should do: focus on the rights of those who are injured and how we should strive to prevent those injuries in the first place.   http://www.huffingtonpost.com/anthony-tarricone/tort-reform-a-bad-bargain_b_294896.html

The Harvard Study concerning lawsuits referenced by Mr. Tarricone was published in the New England Journal of Medicine.  It goes a long way towards debunking the relentless attacks of those seeking to cripple the civil justice system for their own purposes with the unfounded conclusion that frivilous claims are the root of our problems.  The Harvard School of Public Health makes it clear that quite the opposite is true: the vast majority of the administrative costs associated with the malpractice system are tied to resolving claims that have merit. Finding ways to streamline the lengthy and costly processing of meritorious claims should be the target of those seeking reform. http://www.hsph.harvard.edu/news/press-releases/2006-releases/press05102006.html