Many people that are injured by the careless or inattentive conduct of others in motorcycle accidents, car accidents, trucking accidents or pedestrian accidents presume that they can handle an insurance claim against the other driver on their own.  It is extremely risky to attempt to handle one’s own accident claim.  While it might seem like this is a way to save attorney fees, the risk of making a critical error when dealing with insurance companies and navigating legal procedures can be far more costly.

When you retain an experienced Mississippi personal injury lawyer, you will achieve a number of benefits that increase the likelihood of successfully maximizing your financial recovery.  We have provided an overview of some of the benefits of a Mississippi personal injury attorney when pursuing an insurance injury claim:

Leveling the Playing Field: Insurance carriers have a stable of lawyers, experts and financial resources devoted to denying or minimizing your claim.  When dealing with this enormous arsenal of litigation resources, an experienced Mississippi personal injury attorney can level the playing field.  Our Mississippi personal injury law firm has our own experts, state of the art litigation tools and the financial resources to take on large corporations and their insurance companies.

Avoiding Insurance Adjuster Traps: Insurance companies handle thousand upon thousands of claims annually.  There are many tactics they employ to trick those without legal representation into compromising their personal injury claims.  The insurance company adjuster may ask you to provide a written statement or sign a release of information.  Injury victims are not required to comply with either request and should not do so.  The insurance company is searching for information that can be used to decline to pay your claim or reduce the amount of your compensation.

Compliance with Timing Requirements: There are critical timing requirements that apply to personal injury cases.  The statute of limitations is extremely important because failure to comply with this timing deadline will result in a permanent ban of your claim regardless of the merits.  If a public entity is a defendant in your personal injury claim, you generally will also have to comply with time limits for filing a claim against the public entity before pursuing a personal injury claim.  An experienced Mississippi personal injury attorney will be familiar with these deadlines and will work diligently to make sure all such timing requirements are met.

Knowledge of Complex Legal Requirements and Procedure: The standards for liability, procedural requirements and rules of evidence are complicated and extremely difficult for someone to successfully navigate without an experienced Mississippi personal injury attorney.  Personal injury attorneys understand these complexities and can successfully navigate the potential landmine of litigation mistakes.

These are some of the ways that an experienced Mississippi personal injury attorney can help you maximize the value of your personal injury claim.  The reality is that it is virtually impossible for a non-attorney to successfully litigate a personal injury claim.  While it is possible for someone who is not represented by an attorney to settle their personal injury claim with the insurance company, an insurance company will not offer the true value of a claim unless they fear the prospect of trial.  When a law firm with a proven track record of trial verdicts is on the your side, the insurance company has an incentive to offer a more substantial settlement to avoid trial.  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.

While the growing use of Tasers by law enforcement and private security companies is designed to reduce the number of deaths from shootings, there is a new scientific study that suggests that Tasers may be prone to cause cardiac arrest (i.e. heart attack) and fatalities.  The safety of Tasers is an important issue because they are currently used by 16,000 agencies worldwide, and there have been three million uses of Tasers according to a spokesman for the manufacturer of the device, Taser International Inc., which is based in Scottsdale, Arizona.

A Taser device functions by administering a 50,000 volt shock that is transferred via wires connected to a barb that is shot and penetrates a suspect’s skin.  The electrical current prevents the suspect from using his or her muscles so that police can subdue the suspect.  The device can be fired at a suspect from a distance of 35 feet which some law enforcement agencies contend keeps the officers safe and involves a less lethal form of force to subdue a suspect.

However, there are a growing number of lawsuits being filed against the manufacturer of Tasers amid allegations the devises are more dangerous than they were portrayed to be when first marketed.  Amnesty International reports that there have been 500 fatalities involving Tasers since 2001.  It must be noted that in some of these cases other factors were also found to have contributed to the fatality, including drug use or pre-existing medical issues.

While the manufacturer of Tasers has argued that the number of fatalities associated with Tasers is overstated and that the benefits in lives saved outweighs any potential danger, a new medical report published in the American Heart Association’s leading journal, Circulation, concludes that Tasers can cause cardiac electric capture and trigger heart attacks.  The study focused on eight separate incidents involving the Taser X26 ECD with seven of those cases resulting in death.  The report indicated that the risk of heart attack from a Taser results from uncontrolled fluttering contractions and an excessively high heart rate.

While initial lawsuits against the manufacturer of Tasers were unsuccessful, there have since been substantial verdicts against the company.  For example, a North Carolina jury returned a $10 million dollar judgment against the company in a wrongful death lawsuit last year.  The judgment was later reduced to $4.4 million.  There appears to be evidence that Taser devices were not adequately tested which may create a basis for product liability lawsuits.

If you or someone close to you has suffered serious injury or wrongful death caused by a Taser, our experienced Mississippi personal injury attorneys at Barrett Law may be able to help you seek compensation for your injuries or loss of a loved one.  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.

The Trayvon Martin case involving the shooting of an unarmed teenager by George Zimmerman has captured national headlines and resulted in sharply polarized positions about the criminal charges pending against Zimmerman.  There has been little discussion about the civil liability aspects of this tragedy.  A growing number of communities are using neighborhood watch programs to supplement law enforcement efforts.  When property owner associations authorize and endorse such programs they are potentially liable when innocent parties are injured or excessive force is used to prevent a crime.

Neighborhood watch programs typically use untrained residents to patrol for criminal activity.  The lack of training and supervision of those who engage in these neighborhood watch programs can mean that mistakes are made resulting in shootings, physical injury in fights or other injuries resulting from the use of force by a resident who is patrolling as part of a neighborhood watch program.  While liability rules vary based on state law, someone who is injured or dies because of the negligent or wrongful conduct of a homeowner’s association in establishing, training or supervising neighborhood watch activities may have the right to pursue a personal injury or wrongful death lawsuit.

Although most homeowner’s associations have errors or omissions insurance policies to cover lawsuits against POA board members, this coverage typically would not cover neighborhood watch activities.  This could mean that when a neighborhood watch program causes injury to someone, the homeowners might each face an individual assessment to cover the cost of liability from the negligent or intentional acts of a member of the neighborhood watch program.

At the Nahon Firm, we recognize that while volunteerism in a homeowner association or condominium association is commendable, it is important to conduct due diligent to ensure that members of neighborhood watch programs are qualified and competent to be entrusted with participation in the program.  A POA may also be liable if it fails to provide adequate training or clear policies about the use of force of varying degrees.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  If you are injured by someone engaged in neighborhood watch activities, our experienced Mississippi personal injury attorneys may be able to help you obtain compensation to cover medical bills, lost wages, pain and suffering and more.   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.

While the future of damage caps in our state may soon be decided by the Mississippi Supreme Court when they announce their ruling in the case of Sears v. Learmonth, an interesting decision issued by Circuit Judge Charles Webster of Coahoma County provides an insightful perspective on why damage caps in tort cases may be unconstitutional.  Judge Webster focuses not on the nature of the existing damage caps in Mississippi but on the implications for the power of the legislature to effectively eliminate the judiciary in Mississippi if damage caps imposed by the legislature are lawful.

Mississippi currently has a one million dollar damage cap on non-economic damages, such as pain and suffering and impaired quality of life.  The Mississippi legislature has followed the example of other states in enacting caps on damages to prevent the supposed negative impact of out of control juries that award excessive verdicts.  The problem with this reasoning is that while a million dollars may sound like a lot of money to some; it is woefully inadequate for a victim who suffers quadriplegia or permanent severe brain damage.  One would be hard pressed to find an accident victim who would take a million dollars for a lifetime of being unable to using one’s extremities or being unable to take care of one’s own basic needs.

Judge Webster’s take on the constitutionality of damage caps seems well reasoned and hopefully will serve as a pre-cursor for the Mississippi Supreme Court’s ruling.  Judge Webster reasoned that either the legislature has the power to set damage caps or it does not have this power.  The reasonableness of the cap in terms of the type of damages and amount of the cap is irrelevant provided the legislature has the power to establish the caps in the first place.  Judge Webster points out that if the legislature has the power to set damage limits for the judicial system then it may also set those limits lower than a million dollars and may establish caps on economic as well as non-economic damages.

The implication of Judge Webster’s ruling is that a legislature empowered to limit the damages awarded by courts could also set those limits at zero dollars and have the limit apply to economic damages, such as medical expenses, lost income and property damage.  Judge Webster reasons that if the legislature has the ability to set damage cap limitations it also has the ability to completely pre-empt judges of any ability to compensate victims of negligent conduct.  Because the decision in Sears v. Learmonth has been pending for some time, it is unlikely that Judge Webster’s ruling will play a role in our state supreme court’s ruling but can hope that our highest court’s ruling will be as well reasoned so that injury victims can again be fully compensated, and those who cause injury will be forced to bear the full cost of their wrongful conduct.

While a playground is intended to provide a place of fun and recreation for children, it can also be a place filled with hazards involving defective playground equipment.  Many parents whose children are hurt on playground equipment presume that accidents on jungle gym equipment are just part of growing up and that there is no basis for liability from the manufacturer.  However, the manufacturer of playground equipment as well as public entities and private businesses that install such equipment have an obligation to protect children from the unreasonable risk of harm from defectively designed or manufactured playground equipment as well as such equipment that is negligently installed or maintained.

Injuries to children caused by defective, improperly installed, or poorly maintained playground equipment are more common than most parents realize.  Approximately 32,000 pre-school and elementary school aged children per year are treated in emergency rooms for injuries suffered on playground equipment.  More than two-thirds of these injuries result from the failure of the playground equipment or falls.  These accidents may be caused from a wide range of causes including:

  • Lack of soft material like wood chips of padding to protect children that fall
  • Slick surfaces that result in slip and fall accidents
  • Sharp edges or protruding bolts that can cause gashes
  • Inadequate warnings
  • Poorly constructed equipment that may break

If your child is injured while playing on a piece of playground equipment, your child may be entitled to compensation from the manufacturer, distributor or supplier of the equipment based on product liability or the public or private property owner if the equipment is not properly put together or maintained.

Playground injuries can result in broken bones, head injuries, spinal cord injuries, lacerations and other serious injuries.  These types of injuries may require surgery or other significant medical care.  An experienced playground or swing set accident attorney at the Mississippi personal injury law firm of Barrett Law may be able to assist you in seeking compensation for your child’s injuries.

Evidence can be destroyed or altered and time limits apply for pursuing a claim.  If the injuries occurred at a park or school playground owned by a public entity, you may have only a matter of months to file a claim so it is important to seek legal advice immediately.  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.

While there are many types of transportation related accidents, people usually think of motor vehicle collisions when contemplating transportation accidents.  However, wheelchair occupants who are disabled also may be injured in transportation accidents.  Wheelchair transportation accidents may result from defective or poorly maintained equipment and inattentive loading of handicap passengers.  Cases involving personal injuries suffered in wheelchair transportation accidents require specific knowledge of all of the complex rules, regulations, guidelines, architectural standards and codes regarding accessibility as mandated by the Americans with Disabilities Act, the Uniform Building Code and other relevant laws as well as a thorough understanding of Mississippi personal injury law.

Mississippi wheelchair transportation accidents involve a careful investigation and analysis of the facts.  There may be a variety of parties that are at-fault including the following:

  • Company that maintains the lift and vehicle
  • Manufacturer of the lift or ramp
  • Driver of the vehicle
  • Parties that assist with the loading and unloading process
  • Hospital nurses or others who aid one in getting in and out of wheelchair

Wheelchair accidents are particularly concerning because there is generally little if anything that the person confined to a wheelchair can do to prevent such an accident.  Some of the types of wheelchair accidents may include:

  • Dropping someone when assisting them in and out of a wheelchair
  • Poorly designed wheelchair ramps
  • Accidents caused by defective wheelchairs
  • Inadequate tie-down of wheelchairs on buses or van
  • Lifts that are defective
  • Dropping the wheelchair from the lift because of operator distraction

Wheelchair accidents where a wheelchair is not properly tied down are fairly common and extremely dangerous.  It frequently is the case that a bus or van transporting a wheelchair bound person must stop suddenly or may be in a collision.  If the wheelchair is not properly secured the wheelchair and person in the chair may be thrown against the interior of the vehicle or even be ejected from the vehicle.

While being forced to rely on a wheelchair can be frustrating, it is more upsetting when a failure to adhere to proper safety precautions and procedures results in serious injury.  If you or someone you love has been injured in a Mississippi wheelchair transportation accident, you may be entitled to compensation for your injuries.  Our experienced Mississippi wheelchair transportation accident attorneys offer a free consultation so that we can evaluate your accident claim and explain your rights and remedies.  At the Barrett Law Offices PLLC, 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.

While it may seem counter-intuitive, an important component of preserving the value of your Mississippi personal injury claim is to take proper steps to reduce the severity of the damages that you suffer because of your accident.  This may seem like a foreign concept because the level of compensation one receives is directly related to the seriousness of one’s injuries and the extent of one’s financial loss.  However, an injury victim in a personal injury case in Mississippi has a duty to “mitigate” damages.  This means that an injury victim often has a legal obligation to take steps to minimize the losses suffered even if these losses are caused through no fault of the injury victim.

The duty of a plaintiff in a Mississippi personal injury lawsuit to minimize damages may take many forms ranging from seeking reasonably prompt medical care from an appropriate health care professional, completing one’s physical therapy or course of treatment, and even seeking appropriate employment retraining if one’s injuries prevent one from engaging in the same type of work after one’s injuries. When a plaintiff fails to take measures to mitigate damages, the defendant may argue that compensation be denied for injuries that resulted or were exacerbated by the failure of the plaintiff to take steps to reduce the magnitude of injury or loss.

There are several common forms of mitigation that may be relevant if you are injured and seeking damages in a personal injury case arising from a car accident, slip and fall, construction accident or any other type of accident or intentional criminal act.

Failure to Seek Prompt Medical Care: The prognosis for many injuries and medical conditions can be impacted by how soon appropriate medical treatment is obtained.  A head injury may seem minor, but a delay in treatment may result in pressure on the brain from bleeding in the space between the brain and the skull.  This can cause permanent brain damage and even fatalities.  In this type of situation, a defendant might argue that an accident victim who refused medical treatment after an accident failed to mitigate damages.

Seeking Employment Retraining: Some Mississippi personal injury victims are not able to continue in the same occupation after suffering serious injuries in an accident.  However, a person may still have an obligation to seek other work for which one has skills or to seek retraining.  While you may be entitled to compensation for any reduced earning capacity, you are not necessarily excused from seeking employment or training for employment that you are physically or mentally competent to engage in.

Failure to Complete Treatment: If your doctor prescribes an ongoing course of treatment or physical therapy, it is important that you follow through on all treatment modalities recommended by your medical provider.  The failure to complete treatment may be considered a failure to mitigate damages.

Although these are not the only form of mitigation of damages that may be required in a Mississippi personal injury case, the bottom line is that the obligation to mitigate damages should be complied with to avoid compromising the value of your personal injury claim.  If you or someone you love is injured or a family member dies because of the negligent or intentional misconduct of another, you may be able to seek damages for your injuries and loss.  At the Barrett Law Offices PLLC, 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.

Although lead paint has not been manufactured in over fifty years, lead paint personal injury lawsuits continue to be filed because many older dwellings still have lead paint peeling from the walls.  A property owner that rents a property with this dangerous hazard may be liable for any injuries or wrongful death that is caused by the presence of lead paint.  Lead paint poisoning has the most drastic impact on younger children because exposure to low levels of lead paint can result in substantial developmental impairment in small children.  Lead paint dust or chips can easily be ingested by toddlers and other small children.  While children are the most frequent victims of exposure to lead paint, adults may also suffer lead paint poisoning particularly during remodeling projects where lead paint is disturbed and lead paint dust particles are released into the air.

Many older poorly maintained rental properties in Mississippi may have lead paint that is peeling off the walls of apartments or homes.  Lead paint exposure also is increasingly a result of children chewing or sucking on cheap imported toys from foreign countries like China.  If your child suffers lead paint exposure, you may be able to sue anyone in the production or distribution chain for the defective product.  Lead paint that is inhaled, ingested or sucked can cause severe developmental deficiencies in children including the following:

  • Stunted growth
  • Lower IQ levels
  • Brain injury
  • Hearing deficits
  • Damage to the nervous system
  • Coma or death

If you believe that you or your child has been exposed to lead paint and has experienced adverse effects, it is important to see a doctor who can conduct an evaluation.  Anyone that has been determined by a physician to have suffered lead paint poisoning should seek immediate legal advice from an experienced Mississippi lead paint poisoning attorney.  A Mississippi lead paint poisoning attorney will typically have an inspection of your apartment conducted to determine the presence of lead paint and confirm potential levels of exposure.  Lead paint lawyers will typically work with lead paint toxicology experts and work to preserve critical evidence.

When a child suffers developmental deficits because of exposure to lead paint, the cost of medical expenses and supportive care can easily exceed a million dollars.  A child’s entire life may be impacted rendering a child unable to become self-supporting.  When your child suffers this type of devastating injuries, it is important to obtain financial compensation to provide the best quality of life and supportive services.  The experienced Mississippi lead paint injury attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

Discovering that someone you love is suffering from mesothelioma is an emotionally devastating experience.  While this disease is usually the result of exposure to asbestos often in a workplace environment, it is possible to develop mesothelioma on a secondhand basis.  Mesothelioma is caused by inhalation of asbestos fibers or dust which causes a number of diseases to the lungs including mesothelioma.  Mesothelioma affects the cells in the mesothelium, which is a lining that surrounds the lungs, heart and stomach.

Our experienced and compassionate team of Mississippi mesothelioma attorneys at Barrett Law have seen firsthand the pain and emotional hardships that mesothelioma victims face, and we are passionately committed to seeking financial compensation for those who have been effected by this disease.  Although asbestos is no longer used because of the severe health risk associated with the substance, the product continued to be manufactured and used long after its harmful effects were known.

Asbestos was used in many industrial setting including factories, construction, automotive repair shops, shipyards and other settings.  Although there are many occupations where people may have been exposed to asbestos, it is easy to determine if you were exposed because asbestos is the exclusive cause of mesothelioma.  Despite the certainty regarding the cause of mesothelioma, legal claims for compensation arising from asbestos are complicated because the time between exposure and development of symptoms typically is 20-30 years.

Some people suffer asbestos exposure even though they were not exposed to asbestos in the workplace.  Asbestos fibers can become trapped in a person’s clothes resulting in family members being exposed.  If you are exposed to asbestos through this form of secondhand exposure, you may be entitled to seek compensation for your illness and family members may have the right to pursue a wrongful death action for the death of a love one from secondhand asbestos exposure.  If you develop mesothelioma because of secondhand exposure from a spouse, parent or other family member, you may seek compensation from a number of potential defendants depending on the circumstances.

A product liability claim may be made against anyone in the manufacturing or distribution chain for the asbestos.  Because the causal relationship between asbestos and mesothelioma is clearly established, this type of claim will be based on the showing that your secondhand exposure to the manufacturers defective product.  The employer may also be liable depending on the specific facts of your situation.

Secondhand exposure to asbestos cases can be especially problematic because many times the family breadwinner has already developed mesothelioma.  The emotional and financial hardships associated with losing both parents to mesothelioma can make recovery in a Mississippi mesothelioma injury or wrongful death lawsuit essential to provide for a surviving child.  If you or someone you love has developed mesothelioma, our Mississippi mesothelioma attorneys represent clients with dedication, compassion and commitment.   The experienced Mississippi mesothelioma attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

Many personal injury victims who suffer injury in a car accident, slip and fall, construction accident or other negligent or intentional acts of third parties understand that the effectiveness of their personal injury legal team can have a substantial impact on their potential recovery.  However, it is common for those who are injured by the misconduct of others to be unaware of one of the most important members of a personal injury legal team – the injury victim.  There are a wide variety of measures that you can take that may either strengthen or damage your own Mississippi personal injury claim.  At Barrett Law, we have helped thousands of injury victims throughout Mississippi; we have provided some insight into how to be an effective member of your own personal injury legal team:

Follow Up on All Medical Treatment: Many Mississippi car accident or other personal injury victims do not seek prompt medical attention or minimize their symptoms.  An important part of obtaining proper medical treatment and compensation for your injuries is obtaining an accurate diagnosis and prognosis.  When you fail to disclose symptoms to your physician or delay obtaining medical attention, you compromise the ability of the doctor to accurately determine the severity of your injuries.  It is also essential to attend all medical appointments and fully follow up on the full course of treatment and physical therapy.

Do Not Share Your Hardships with the World: The overwhelming popularity of social networks means that many people are sharing the intimate details of their life with friends and family on social networks.  If you are seriously injured, it is the type of life experience many people are tempted to discuss on their social network page.  This is never a good idea because insurance carriers now regularly monitor social networks for evidence in personal injury cases.  Some courts are even granting insurance company discovery requests for access to the password protected areas of a plaintiff’s Facebook and other social network pages.  An insurance company may look for pictures of you engaged in activity that is inconsistent with your injuries or admissions that may suggest you were partially at-fault.  Generally, the best practice is not to discuss the details of your accident and resulting injuries with anyone except your Mississippi personal injury attorney.

Do Not “Sanitize” Your Story: There is a natural tendency to want to omit damaging facts when discussing your personal injury claim with your attorney.  This is a recipe for disaster because then your attorney may be unprepared for this damaging piece of information if it later comes out.  An experienced Mississippi personal injury attorney can effectively deal with many types of damaging facts as long as the attorney is made aware of them.  If you fail to provide all relevant facts to your Mississippi personal attorney, the attorney may even build a litigation strategy that is inconsistent with the facts.

Provide All Documents Promptly: There are many documents that your Mississippi personal injury attorney may need to effectively pursue your claim, including documents like medical records and pay stubs.  These documents are essential to properly evaluate issues, such as fault, causation and damages.  The Mississippi personal injury law firm that represents you will also be required to provide “discovery” to the insurance company attorneys for the other driver.  There are timing requirements to comply with formal request for documents and failure to comply in a timely fashion care result in monetary sanctions or the preclusion of certain evidence at trial.

Follow the Advice of Your Attorney: If your Mississippi personal injury attorney advises you to do certain things, it is generally advisable to adhere to your attorney’s advice.  If you do not understand information or the rationale for why your attorney tells you to do something, you should ask.  Your attorney is a legal expert so disregarding his advice is akin to ignoring the instructions of your doctor.

If you follow these guidelines, you will be an effective member of your Mississippi personal injury team.  While a skilled personal injury lawyer in Mississippi can compensate for many errors may be injury victims, an injury victim that is proactive about being an effective member of their litigation team can substantially improve the value of their case.  The experienced Mississippi motor vehicle accident attorneys at Barrett Law have been providing effective representation to Mississippi auto accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.