Archive for the ‘Wrongful Death’ Category

Mississippi Truck Accident Attorneys Explain Wrongful Death Actions

Tuesday, January 27th, 2015

Mississippi Truck Accident Attorneys Explain Wrongful Death Actions

Commercial trucks are massive in size, often weighing up to 80,000 pounds and stretching several car lengths.  When these trucks collide with smaller passenger vehicles, the results can be catastrophic.  Each year, about 5,000 individuals are killed in truck accidents and another 130,000 are injured.

For the family members of those 5,000 individuals killed in truck accidents, life comes to an abrupt standstill.  Suddenly they are left coping with the loss of their loved one who was taken too soon.  The family suffers emotionally, and often financially as well.  The loss of the income of a breadwinner can be devastating to the average family.

In the state of Mississippi, the family members of deceased truck accident victims can seek compensation from the truck driver or trucking company who caused their relative’s death.  Compensation is pursued through a wrongful death suit.  Wrongful death actions offer grieving family members an opportunity to not only receive financial compensation but to ensure justice is served for the death of their loved one.

Parties Eligible to Bring a Wrongful Death Suit

Under Mississippi law, the following individuals are allowed to file a wrongful death suit:

  • The surviving spouse
  • The child or children of the truck accident victim
  • The surviving parent of the victim
  • The personal representative of the victim’s estate
  • Siblings of the deceased victim

When a surviving spouse initiates the action, any compensation awarded will be split between the surviving spouse and the victim’s children. If the victim is not married, divorced, or widowed, and does not have children, the surviving parents and siblings of the victim can bring a wrongful death suit and split the damage award.

Damages Awarded in a Wrongful Death Action

The damages awarded are divided between those that will go to the estate and those paid directly to the beneficiaries.

Damages that will go to the estate include: funeral and burial expenses; medical expenses, including expenses for emergency care prior to the victim’s death; and payments for destroyed or damaged property, such as the vehicle involved in the truck accident.

Damages paid directly to the beneficiaries include: pain and suffering experienced by the beneficiaries due to the loss of their relative; loss of the companionship and company of the victim; and lost wages or benefits that the victim would have earned had he or she survived.

Time Limits for Wrongful Death Suits

For most truck accidents, the victim’s family will have three years from the date of their relative’s death to file the action.  If the victim was killed as a result of an intentional act, which would rarely be case in a truck accident scenario, the family will have one year from the date of the victim’s death to bring the action.

It is important that you act quickly after the accident to secure the assistance of an attorney who will protect your legal rights and see that justice is achieved.

Barrett Law PLLC:  Assisting Your Family in the Aftermath of a Fatal Truck Accident   

Truck accidents hold the potential to inflict devastating injuries and death.  The loss of your loved one in a truck accident is one of the greatest tragedies imaginable.  Family members left behind will often find themselves emotionally and financially distraught.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC can assist your family following the loss of your relative in a fatal truck accident.  Our experienced attorneys will fight to see that your family is not left financially struggling due to the wrongful death of your loved one.  Call the exceptional truck accident attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

Mississippi Workers’ Compensation Attorneys Examine Ladder and Scaffolding Accidents

Sunday, September 14th, 2014

Many construction jobs require the use of ladders or scaffolds to reach elevated surfaces when building new property or repairing damage to existing structures.  When proper safety measures are not followed, construction workers are placed at risk of serious falls and potentially disabling injuries.  In Mississippi, employees who are injured on the jobsite will generally be eligible for workers’ compensation benefits that can cover medical bills, missed time from work, and more.  Under some circumstances, injured workers may be able to seek recovery outside of or in addition to workers’ compensation, as in the case of a defective ladder or scaffold leading to the injuries.

Why Do Ladder and Scaffolding Accidents Occur?

Falls from scaffolds and ladders that happen on the jobsite are often the result of poor safety standards, maintenance, or a manufacturer defect.  Some examples of improper safety measures or defective designs include:

  • Lack of guardrails
  • Loose rungs
  • Broken parts
  • Ladders that are improperly positioned
  • Ladders or scaffolds that are improperly tied off

Falls from the often extreme heights involved in ladder and scaffold accidents can have devastating consequences. Construction workers injured in high height falls will commonly require months of rehabilitation and ongoing medical care. Permanent disabilities can result from serious ladder and scaffold falls.

Some of the injuries most often experienced by ladder and scaffold accident victims include:

  • Traumatic brain injury
  • Head injury
  • Spinal cord injury
  • Neck and back damage
  • Broken bones
  • Internal organ damage
  • Death

Employers have a duty to provide their employees with a safe working environment, proper training, and safe equipment.  The Occupational Safety & Health Administration offers the following tips on fall prevention to any employers whose jobs require the use of ladders and scaffolds:

  1. Plan:  Before the task is started, plan to complete the job in a safe manner.  Identify what safety equipment will be required for each and every task, and envision the fall hazards that present each step of the way.  By anticipating accidents and utilizing safety equipment to prevent them, you can minimize the risk of falls.
  2. Provide:  Employers must provide employees with the proper equipment.  All ladders and scaffolds should be inspected prior to use and maintained in excellent condition.  Employers must provide fall protection equipment, which will range depending upon the job at hand.  Ladders should always be selected based on the needs of the individual job.
  3. Train:  You are responsible for training your employees on the proper set up and safe operation of ladders, scaffolds, and other equipment.  Train workers to recognize any hazards and properly use safety equipment that can prevent falls.

            If you are injured in a workplace accident, you do have options to recover for your damages incurred.  Workers’ compensation offers a no-fault system that reimburses employees for medical expenses and missed time from work.  Further relief may be found through personal injury or product liability suits.

Barrett Law PLLC: Experienced Mississippi Workers’ Compensation Attorneys

For over 75 years, the Mississippi Workers’ Compensation Attorneys at Barrett Law PLLC have assisted injured workers across the state in a wide range of workers’ compensation matters.  Our award winning workers’ compensation attorneys will fight to see that you receive the compensation you deserve for your medical bills, lost wages, disabilities, and more, in the event you are injured in the workplace.  For assistance with your workers’ compensation matter or any other workplace accident issue, call the dedicated attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

Mississippi Wrongful Death Attorneys Discuss Wrongful Death Suits Following Fatal Car or Truck Accidents

Tuesday, September 9th, 2014

When an individual is killed in a truck or automobile accident due to the careless, reckless, or negligent actions of another, it is considered a wrongful death in Mississippi.  While the loss of a loved one is always difficult, knowing your loved one perished needlessly in a truck or car accident is particularly devastating.  The family members of the car or truck accident victim are often left entirely unprepared for the loss of their relative.  Far too often, the death brings with it significant financial implications along with much pain and suffering.

In the state of Mississippi, the family members of accident victims can receive compensation from the negligent car or truck driver that caused their relative’s death.  Compensation is pursued through a wrongful death action, and wrongful death suits offer a means of securing financial assistance for the victim’s family.

The following is a look at some questions commonly posed by family members who have lost their loved one in a car or truck accident:

  1. Can I bring a wrongful death suit?

In Mississippi, the following parties are able to bring a wrongful death claim:

  • The surviving spouse of the victim
  • The child or children of the victim
  • The surviving parent of the victim
  • The personal representative of the deceased person’s estate
  • Siblings of the deceased individual

When a surviving spouse of the car or truck accident victim brings a wrongful death suit to court, the damages will be split equally between the surviving spouse and the children.  If there is no surviving spouse or children, surviving parents or siblings of the victim may bring the claim and split any damages awarded.

  1. What damages can I receive in a wrongful death suit?

Damages stemming from a wrongful death claim in Mississippi will be paid either directly to the beneficiaries or to the estate, depending upon the category of loss.

Damages paid to the estate include:

  • Funeral and burial expenses
  • Medical expenses, including emergency care, incurred prior to death
  • Payments for any destroyed or damaged property

Damages paid to the beneficiaries include:

  • Pain and suffering incurred as a result of the loss of the relative
  • Loss of companionship and society of the victim
  • Lost wages and benefits that the deceased would have earned if he or she had lied
  1. When do I need to file a wrongful death action?

In most wrongful death actions, the victim’s family will have three years from the date of the death to file the suit.  If the victim was killed as a result of an intentional act, the time line is one year from the date of death.

Barrett Law PLLC: Assisting Your Family in a Wrongful Death Suit Following the Tragic Loss of a Loved One  

Facing the loss of a loved one due to a negligent driver is devastating and often leaves family members in a state of shock and dismay.  The Mississippi Wrongful Death Attorneys at Barrett Law PLLC understand the tremendous pain experienced by loved ones following a fatal car or truck accident.  When you contact our office, we will assist you through the intricate and complex process of pursuing wrongful death benefits.  Our aggressive, dedicated, and highly skilled attorneys will fight for your family’s recovery, as we have done for others like you for over 75 years.  While we cannot heal the pain of your loss, we can provide you with justice and ease the financial burden.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation with one of our experienced wrongful death attorneys.

Mississippi Crash Severely Injures Law Enforcement Officer

Friday, October 19th, 2012

Accidents and incidents on the road are a fairly common portion of life. If we look at the road as a playing field, and then look at drivers as the “players” one can easily correlate and imagine the amount of mistakes not only the majority of accidents that can occur, but how many one individual can simply make on their own. Unfortunately, when it comes down to accidents and mistakes on the road there is not a “winner” or a “loser”, but only individuals who deal with damage to their automobile, and severe, debilitating injuries.

Law Enforcement Officers: Protecting, and Serving

When we envision law enforcement officers on the road we do not usually associate them with being injured or hurt when it comes down to car accidents. In our minds, they are usually the ones who correct negative driving by issuing tickets, or are the ones to respond to accidents. However, law enforcement officers, like everyone else out on the road, are just human and can easily not only be involved in an automobile accident, but left with serious injuries in the process.

In Mississippi, there are a few well-known highways and interstate roads that are commonly traveled by not only many Mississippians everyday, but also those from neighboring states traveling everyday. Highway 43 is one highway that motorists can be seen traveling at all parts of the day whether they are commuting to work, traveling, or transporting supplies. Recently, however, an accident occurred which resulted in the injury of a law enforcement officer. The officer was making routine patrolling rounds of the area as usual when he was struck by a SUV in the rear end of his cruiser. As a result, the cruiser flipped over, and ejected the officer out of the vehicle.

The accident, and serious injuries that were sustained by the officer led to his untimely death even after being treated for some of his injuries. Today, his wife and two children are now left without a husband, and a father. While this family is dealing with a tragedy on their hands it is extremely advised that they, and others that deal with this type of situation seek out an experienced, and compassionate auto accident attorney. By doing so they can fight for their case, and the potential damages and personal injury liability awards they could be entitled to for their loved one’s death.

At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

What Occurs When You Ignore No Passing Zones?

Tuesday, October 2nd, 2012

Driving is an aspect of our life that we participate in doing either almost every single day, or the majority of the time every week. When we drive our purpose of doing so is to get from one point to another whether those points may be from our home to work, to run errands at various locations, or even travel to a vacation destination. Yet, when it comes down to driving can you always count on all individuals on the road to not only be responsible, but intelligent while on the road especially when it comes down to that of no passing zones?

Defining No Passing Zones

The premise of a no passing zone is only that, under normal circumstances, that drivers stay within their lane at the time and maintain normal speeds due to either an increase of traffic, or road conditions. Unfortunately, the sad fact of the matter is many people actually do not abide by no passing zones and evidently either are always running behind and speeding, or just apathetic to safety on the road. With this mindset at hand these drivers will at one point or another come face to face with that of their involvement in an automobile accident on the road, especially in no passing zones.

What You Can Expect When Failing To Observe No Passing Zones

One recent case truly highlights what can easily happen when an individual is recklessly driving, and speeding in no passing zones. Recently, a man driving a large SUV attempted to pass an elderly woman driving a small economy sized vehicle while in a no pass zone. The man then proceeded to pass the woman and drive into the other lane, which then caused him to collide with a concrete distributing truck. As a result of the force of the man’s collision with the truck his vehicle was pushed back in the elderly woman’s lane, which caused yet another collision. Unfortunately, the woman sustained serious, and fatal injuries and later died as a result of the accident.

Remember, no passing zones are up for a reason whether you think they are serving their true purpose or not. By following the law drivers can easily set an example for other drivers on how they should be safely operating and driving their automobile on the road.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

Motorcycle Wrongful Death Suits

Thursday, August 23rd, 2012

Any time a person is killed by the wrongful or negligent conduct of another it is known as a wrongful death. These cases are always tragic and happen too often when motorcyclists are involved in an accident. When a person is killed through the negligence of another, the law allows the next of kin to act as plaintiff and bring a lawsuit against the negligent party to recover both economic and non-economic damages. Next of kin are family members such as a spouse, domestic partner, children, parents or siblings—in order of priority. In other words, if a man with a wife and children was killed in a motorcycle accident, his brother would not be able to bring a wrongful death suit as the spouse, then the children, then the parents have priority. If none of those existed, then the brother would be able to file a wrongful death suit.

Compensation from a Wrongful Death Suit

Even if the deceased family member happened to be partly at fault for the accident the family may still be able to instigate a lawsuit for damages. Should the death be directly related to an impaired driver punitive damages may also be awarded. The wrongful death plaintiff may be able to be compensated for funeral or burial expenses, loss of future income of the deceased, loss of household or childrearing support, loss of medical and retirement benefits or non-economic damages including the loss of support, companionship and affection. A surviving spouse will also have a separate right to recover damages known as loss of consortium under a separate civil action.

Statute of Limitations

Family members who are considering filing a wrongful death suit after their loved one was killed in a motorcycle accident should remember that prompt action is essential. There are time limits known as statute of limitations which gives a narrow window of time in which the plaintiffs must bring suit or lose their right to seek recovery. The purpose of the statute of limitations law is to allow the plaintiff sufficient time to hire an attorney while also giving the defendant some sort of assurance that after a specific length of time, should no suit be instigated, they are free from threat of a lawsuit. In some instances the statute of limitations could be as little as six months—in the case of a governmental agency causing the injury—or two to three years in some states.

How Often Motorcycle Accidents Occur

Some 5,000 people are killed in motorcycle accidents every year in the United States. Motorcycle accidents and subsequent deaths are on the rise due to the increasing number of people using motorcycles as a means of commuting to and from work. Motorcyclists are 26 times as likely to die in a crash as the driver of a passenger car and as many as 65% of all motorcycle accidents are the fault of another driver.

The Necessity of a Personal Injury Attorney

In order to win a wrongful death suit following a tragic motorcycle accident, negligence on the part of the other driver must be proven. Traffic laws, eyewitness testimony and forensic evidence from the scene of the accident may all be used in order to prove the case against the defendant. These cases can be extremely complex and it is imperative that the family members who are filing a wrongful death suit have an extremely knowledgeable, experienced personal injury attorney by their side who will fight on their behalf for and equitable settlement.