Posts

Mississippi Personal Injury Lawyers Answer Common Questions about Traumatic Brain Injuries

While people experience many types of serious injuries in motor vehicle collisions, falls, and other accidents, the brain is one of the most vulnerable of vital organs in the human body.  A traumatic brain injury (TBI) can have debilitating consequences that last a lifetime, including diminished cognitive functioning, impaired mobility, and inability to communicate, just to name a few examples.  Traumatic brain injuries often have a profound effect on both a victim and his or her family.  Our experienced Mississippi brain injury lawyers have answered common questions asked by people who suffer head injuries because of the misconduct of an individual, business, or public entity.

What should I do if I suffer a traumatic brain injury in an accident caused by another party?

The most important step to take in the wake of a serious accident during which you incur a brain injury is to seek immediate medical care.  Some head injuries do not exhibit significant symptoms until a period has elapsed after the injury is incurred.  This delay in symptoms frequently is related to bleeding and swelling inside the skull which imposes increased pressure on the brain.  When injury victims take a “wait and see” attitude after experiencing an injury in an accident, they risk a less favorable prognosis because unrelieved pressure on the brain might cause severe brain damage and even death.  Prompt treatment also enables medical providers to conduct a thorough diagnostic examination.  A magnetic resonance imaging (MRI), computerized tomography (CT), or electroencephalography (EEG) scan often provides vital evidence regarding the nature and severity of an accident victim’s injuries.

Brain injury victims also should seek prompt legal advice if they are injured in an accident caused by the conduct of another.  The potential magnitude of damages in a lawsuit involving a serious TBI means that insurance companies will devote extensive resources to shift blame to the injury victim or to otherwise avoid liability.  Medical evidence regarding the nature of the brain injury and the way the crash caused the injury also will involve complex medical information that must be explained to a jury with experts.  Our Mississippi personal injury lawyers work with well-regarded experts to build a compelling case for our clients.

How much is a traumatic brain injury claim worth?

While the precise value of a brain injury will depend on a range of factors, the damages in a case involving a traumatic brain injury typically exceeds $100,000 and awards in the millions are fairly common.  The amount recovered in a judgment or settlement does not equal the actual compensation an injury victim receives.  Most Mississippi personal injury lawyers work on a contingency fee basis, which means that their fees are a percentage of your recovery.  The litigation costs associated with pursuing your brain injury case also will be deducted for expenses that include expert fees, trial exhibits, day-in-the-life videos, deposition costs (e.g. court reporter fees), and other costs associated with pursuing your lawsuit.  The expenses associated with litigating a traumatic brain injury case can easily amount to tens or hundreds of thousands of dollars, but law firms have the financial resources to advance these costs of litigation.  Our law firm executes a written fee agreement with every client, so our clients know what to expect regarding their net recovery after paying attorney fees and litigation expenses.

Can I pursue a personal injury lawsuit if I suffered a brain injury several years ago?

While the best practice is to seek legal advice as soon as practical after suffering a brain injury, the statute of limitations might not have expired.  Although the statute of limitations may have run, you might benefit from the discovery rule.  If the injured party is the victim of medical malpractice or a child age 6 or younger, this exception to the statute of limitation might “toll” (delay) expiration of the period to bring a lawsuit.  The bottom line is that important notices might need to be filed, and actions commenced within a designated time.  Injury victims should seek prompt legal advice to assess their rights and to avoid running afoul of the statute of limitations.

If you have been injured in a car accident in Jackson or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many victims of negligent drivers.  At Barrett Law, we are here to help.  Contact our law firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

/by

More Errors That Can Derail Your Mississippi Auto Collision Claim

 

This is the second installment of our two-part blog highlighting common missteps made by injury victims following a car accident. If you have specific questions, we invite you to contact Barrett Law to learn about your rights.

Mistake No. 4 Signing a Release Immediately Following an Accident: There are certain types of accidents where the question of liability is reasonably clear. When the prospect of prevailing on the issue of fault is not promising, insurers look for ways to mitigate the amount they pay in a settlement or judgment. A common approach is to make a settlement offer immediately following the accident for far less than the value of the claim. However, the insurance company also will expect you to sign a release waiving any and all claims, which includes those that you do not even know exist. No documents from the insurance company should be signed until they have been reviewed by an experienced Mississippi car accident lawyer, so you can learn about your rights and legal options.

Mistake No. 5 Consenting to Provide a Recorded Statement to the Insurance Company

Recorded statements are not designed to facilitate settlement of your claim although the adjuster for the other driver’s insurance company might tell you that this is the case. The purpose is to preserve a record of you saying things that undermine your claim. The answers you give to questions might be used to shift blame for the accident to you or to establish that your loss is not as substantial as you are claiming.

Mistake No. 6 Agreeing to Settle for Policy Limits

While it might seem reasonable to settle with the adjuster for policy limits, this offer will come with strings. The adjuster will insist that you sign a release that waives all claims. Policy limits can be extremely inadequate, especially if the other driver only carries the minimum coverage that is required under Mississippi law. It is important not to waive your rights without legal advice because you might have the right to recover more against an excess liability carrier, other defendants, or underinsured motorist coverage.

Mistake 7 Failing to Seek Out the Best Mississippi Personal Injury Attorney: Although some people attempt to handle their own personal injury claim, complex legal standards, evidentiary requirements, and procedural hurdles make the civil litigation system virtually impossible to navigate without an experienced lawyer. The cost of pursuing a claim can easily be tens of thousands of dollars or more, so most people cannot afford the war chest necessary to take on large insurance companies in court. The best approach is to work with an experienced personal injury attorney with a track record of obtaining large judgements and/or settlements in similar types of cases.

Mistake 8 Ignoring the Possibility of Punitive Damages: When a court awards punitive damages, this compensation can be the largest portion of your recovery. Car accident claims need to be sufficiently investigated to determine if punitive damages are appropriate. Examples of situations where punitive damages might be awarded include accidents caused by an alcohol impaired driver, or a vehicle manufacturer that covers up evidence that its vehicle is unsafe.

If you have been injured in a motor vehicle collision or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many car crash victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

/by

Reports of Spread of Deadly Bacteria by Contaminated Scopes Not Provided Promptly

When manufacturers of pharmaceuticals and medical devices receive reports of adverse events or side effects, the makers of these medical products have an obligation to report this information to the Federal Drug Administration (FDA).  The FDA investigates such reports and aggregates data to determine if regulatory action is needed, such as issuing a safety notice, requiring warnings on labels, or mandating a product recall.

This system only works effectively to protect the public when companies that manufacture medical devices and drugs comply with their obligation to disclose such information.  An article published in USA Today indicates that reports of contaminated medical scopes linked to the spread of a potentially fatal superbug were not provided to the FDA until months after the incidents and not at all in some cases.

Federal law requires manufacturers of medical devices to file reports within thirty days of discovering their product might pose risks to the public.  According to USA Today, the transmission of a drug-resistant bacteria via duodenoscopes to patients in eight separate hospitals between 2012 and 2014 were not reported until months after the outbreaks occurred.  There were even incidents that were never reported according to the article.

The FDA is currently conducting an ongoing investigation into the spread of the CRE bacteria via the medical devices.  The bacteria is extremely dangerous because it is resistant to virtually all types of antibiotics.  CRE also has an alarmingly high fatality rate of forty percent.  The FDA is investigating the potential for the fatal bacteria to get trapped in the scope’s crevices.  The agency has indicated that contamination and cross-infection between patients can occur even when cleaning and disinfection of the scopes have occurred.

William Maisal, deputy director of the FDA’s Center for Devices and Radiological Health, indicated, “We are aware that there are reported duodenoscope associated infections that have occurred for which we have not received MDRs [Medical Device Reports], and we are looking into whether some of those reports should have been submitted.”

A recent congressional investigation also indicates that the scope of the problem is far more extensive than federal regulators previously suspected.  According to the U.S. Food and Drug Administration, approximately 350 patients at 41 medical facilities in the U.S. and worldwide have been exposed or infected by tainted gastrointestinal scopes from Jan. 1, 2010 to Oct. 31, 2015.  While the actual list sent to Congress by the FDA listed 404 patients and 44 facilities, the agency indicates that the list was assumed to include some duplicates.  A prior report estimated the number of victims as 250 and the number of affected clinics and hospitals at 25.

In the wake of the scandal, new legislation has been proposed in Congress referred to as the Device Act.  This new law would require companies to disclose to the FDA when safety warnings are issued in other countries concerning the cleaning or design of medical devices.  The mandatory disclosure would be required even if the device manufacturer was not required to seek government approval for the change.  A companion bill also is expected to be filed that imposes requirements that the cleaning instructions for medical devices be scientifically validated to ensure they are effective.

If you have been injured by a defective product, including a medical device in Jacksonville or the surrounding areas of Mississippi, our Mississippi Personal Injury Lawyers are committed to seeking the maximum compensation for victims of unsafe products.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

/by

Can a Mississippi Worker Sue an Employer for an On-The-Job Injury?

Our Mississippi worker’s compensation attorney often hear from people who suffer a workplace injury and wonder about their right to file a personal injury lawsuit against their employer. Although the general rule is that an employee cannot file a lawsuit against an employer for work-related injuries, this does not mean that injured workers are without effective options to obtain compensation for their job-related injuries. While the Mississippi worker’s compensation system will constitute the sole remedy of an injured worker against his or her employer in most situations, employees can obtain justice and full compensation for their workplace injuries by pursuing worker’s compensation benefit from an employer and a third-party lawsuit.

Although injured workers are rarely happy to hear they cannot sue their employer for a workplace injury caused by the employer’s negligence, most Mississippi employer must carry worker’s compensation insurance (unless they self-insure). While worker’s compensation will constitute the sole remedy for an employee against an employer in most situations, there are advantages for the employee in using this system. One important benefit of a worker’s compensation claim is that an employee can get virtually all medical care and treatment handled without out-of-pocket expenses. The employer and insurance carrier cannot ask the employee to pay his own medical bills or to use private health insurance. In fact, the employee should not even receive a bill from the medical provider when a worker’s compensation claim is pending.

An additional benefit of pursuing a claim is that an employee is not forced to incur the delay and potential expense of litigation to obtain worker’s compensation benefits. Since the Mississippi worker’s compensation system is a “no fault”: system, an employee only needs to establish that he or she experienced an injury or occupational illness while engaged in conduct for the benefit of an employer. A personal injury lawsuit can take months or even years to be resolved, so an employee might not have medical expenses covered or receive wage replacement in a timely manner if litigation was required to receive benefits. However, the worker’s compensation system permits the employee to receive necessary and appropriate medical care and compensation for wage loss promptly without any requirement that the employer be shown to have “negligently” caused the injuries.

While the worker’s compensation system offers the benefits of speed and efficiency without the hassle of litigation, the types and amount of compensation received generally will be less than might be recovered in a personal injury lawsuit. Benefits include medical care, partial wage replacement, and compensation for long-term disability. However, claimants cannot receive monetary awards for losses like pain and suffering, emotional distress, impaired enjoyment of life, loss of consortium, punitive damages, or certain other types of damages.

This deficiency in the recovery available through worker’s compensation can be overcome by pursuing a third-party lawsuit against a negligent party other than the claimant’s employer. A personal injury claim against another party opens up access to the full range of damages available in a personal injury lawsuit. Generally, the fault of the third-party for causing the injury (at least in part) will have to be established to prevail in a third-party lawsuit. However, strict liability might be appropriate if defective machinery or tools caused your injury.

If you have been injured in a workplace accident or developed an occupational illness, our Mississippi Personal Injury Lawyers are committed to seeking the maximum compensation for victims of workplace injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

/by

Study Indicates Your Child’s Booster Seat Could Be Less Safe in a Car Accident than You Realize

Every day in Lexington and the surrounding areas of Mississippi, parents buckle their children into booster seats and leave home expecting that the safety device will keep their child safe in the event of a serious collision. While it goes without saying that child safety seats are an invaluable piece of protective equipment, a study suggests that many children are not nearly as safe in a booster seat as their parents might expect in the event of a car accident.  According to a study conducted by the Insurance Institute for Highway Safety (IIHS), half of all car booster seats do not provide a proper fit with seatbelts.

While any product that is designed or manufactured with defects or that provides inadequate instructions or warnings to ensure safe use is dangerous, the danger increases exponentially when the product is a piece of vital safety equipment like a child booster seat.  Booster seats are designed for children that have become too big for forward facing car seats.  This type of child safety device is designed to elevate a child’s body so the adult seatbelt forms a proper fit.

The IIHS study examined twenty million 4 to 8 year olds and the appropriateness of their fit when using the family’s child booster seat.  The study revealed that of the 83 child booster seats tested, 41 did not fit properly with the vehicle seat and seat belt.  When there is a poor fit with a child booster seat, the child is not positioned properly to maximize the benefit of a seatbelt in the case of a serious traffic accident. This lack of proper positioning of a child’s body during a collision can result in serious injury.

Four of the booster seats tested in the study provided such a poor fit that the IIHS recommended that the booster seats should not be used at all.  When a parent is attempting to determine if a booster seat fits properly, they should check to see that the lower belt sits flat across their child’s upper thigh region.  If the child’s body is not positioned properly when restrained by the seatbelt, parts of the child’s body may be injured by impact with the interior of the vehicle in a collision.  When the seatbelt is improperly positioned across the abdomen, the seatbelt itself can cause serious injury, including damage to a child’s internal organs.

It is important to emphasize that nothing in this study suggests that booster seats are not a valuable and/or necessary piece of safety equipment that might keep your child safe in an auto accident.  If your child is between the ages of 4 and 8, your child is almost fifty percent less likely to be injured in a collision when using a child booster seat.  However, you should check the fit of the booster seat to ensure that the seatbelt is properly positioned when your child is buckled up.  Parents might also want to check the ratings for their booster seat at the IIHS website to determine whether the brand and model of the booster seat rates well in terms of providing an appropriate fit to keep children safe.

One of the most tragic parts of representing car accident victims of Lexington is that sometimes our clients are the families of children that have been seriously injured.  Our Mississippi car accident lawyers at Barrett Law are committed to car accident safety for children and their families.  If you or someone you love has been seriously injured in a motor vehicle accident, our compassionate and dedicated team of attorneys is here to answer your questions and help you seek the compensation you need to move past this difficult experience.

If your child is injured when riding as a passenger in a motor vehicle, you are invited to contact the experienced auto accident lawyers at Barrett Law to learn how we can help.  Our Mississippi Personal Injury Lawyers at Barrett Law have been representing crash victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (800) 707-9577.  No Recovery No Fee!

 

/by

Confined Space Accidents Pose Special Dangers on Mississippi Construction Sites

Construction projects are chaotic work sites with many different types of equipment, business entities, and dangerous hazards.  There are dozens of unsafe conditions that can result in serious injury or even wrongful death on a construction site.  One of the most dangerous types of construction accident hazards involve confined spaces.  A confined space accident on a construction site can result in permanent life-altering injuries caused by electrocution, exposure to toxic substances, explosions, and other potentially dangerous hazards.

A confined space on a construction worksite is one that has a limited path of access in and out of the area.  Although OSHA has regulations regarding working in confined spaces, some employers are lax in enforcing these regulations or provide inadequate confined space training.  Because an individual’s presence in a confined space often involves exposure to hazardous substances, such as an oxygen deficient environment or toxic chemicals, construction workers must be extremely cautious when working in this type of setting.

Confined space construction accidents involve the risk of serious injury because of exposure to lack of oxygen, toxic gas, vapors, liquids, fire, extreme thermal conditions, free flowing solids, or other similar substances within an area with limited access for a construction worker to exit the confined space.  Some common examples of confined space hazards on construction projects include the following:

  • Manholes
  • Underground vaults
  • Pits
  • Pipe assemblies
  • Underground storage tanks
  • Tunnels

Safety requirements for working in confined spaces on construction sites include making a determination as to whether the work can safely be performed from outside the small area.  If work must be performed from inside the confined space, then appropriate safety equipment and precautions must be implemented.  Confined spaces should be appropriately marked, and any workers that enter these spaces should receive OSHA compliant training.

A person injured in a confined space accident on a Mississippi construction site might suffer injuries because of a failure to utilize appropriate safety measures, including the following:

  • Use of personal protective equipment (i.e., hard hats, ventilators, etc.)
  • Evaluation of flammability of the atmosphere
  • Ventilation testing
  • Product instability
  • Proper analysis of risk for release of hazardous energy

There are many serious types of accidents that can occur in a confined space on a construction project, including drowning, suffocation, asphyxiation, fire, chemical burns, radiation exposure, and explosions.  These types of serious incidents can result in severe and permanently disabling injuries.  Litigation of confined space construction accidents is challenging because there are many different entities on a construction project that may share responsibility for the accident.  Our experienced Mississippi construction accident lawyers always carefully evaluate the potential liability of third parties so that our clients can seek more extensive damages than those permitted under the worker’s compensation system.

If you or your loved one is injured on the site of a building project, you are invited to contact the experienced construction accident lawyers at Barrett Law to learn how we can help.  Our Mississippi Personal Injury Lawyers at Barrett Law have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (800) 707-9577.  No Recovery No Fee!

 

 

 

/by

Did a Risky Road Intersection Cause Your Auto Accident in Mississippi?

Over 45,000 people are killed on America’s highways each year, and of that number almost half of those accidents were a direct result of a problem with road design or maintenance—some form of dangerous or risky road. Faulty design, construction, maintenance, or inability to adapt to changing conditions are all issues with roadways which can be the direct cause of your car running off the road, rolling over or colliding with another car or fixed object.

There are lots of risky intersections in the United States which make having a serious accident much more likely. It can be difficult to see another car coming at many intersections, and appropriate signage may not be present to ensure the safety of motorists. Many intersections have not been adequately modified despite past indications of hazards to drivers. If any of these conditions were the cause of your intersection accident it is imperative you retain an attorney who is skilled in litigating cases such as these.

Dangerous Road Cases

Car accidents which resulted from dangerous road conditions can, unfortunately, be difficult and expensive to litigate, since you will be fighting a government entity. The investigation of the dangerous intersection and its history of accidents can be quite challenging. The case will likely  require significant amounts of attorney work, experts called in and expense, but the upside of a case such as this is that it has the potential not only to allow you to recover your damages, but to make the road safer for others. Changes that might otherwise never occur, may be made when you demand your rights.

Our Rights as Motorists

The agencies which design and maintain our roadways are charged with the duty of ensuring the safety of motorists, at least those who are using reasonable care when driving. Of course until cars begin driving themselves, drivers will skid, slide, lose control of their vehicle, fall asleep or become distracted. While all of these driver issues will certainly be responsible for car accidents, government entities who refuse to take reasonable steps to ensure foreseeable events don’t turn tragic are another thing altogether. When an intersection has been proven to be a danger to drivers, and has caused accidents or near-misses in the past, the government must take steps to correct the dangerous road situation to ensure the safety of drivers.

Why You Need an Experienced Personal Injury Attorney

Dangerous road accident cases require the victim to prove the government knew the intersection was a high-risk road hazard and refused or neglected to take steps to fix the road or install appropriate signage to warn drivers. An experienced attorney will be able to show that the entity in charge of the road failed to do something which caused the danger, or will prove the government knew the intersection was dangerous, had plenty of time to fix it, but neglected to do so. If there is a solid history of accidents on the intersection which caused your accident, this may help show the risk was substantial.

Dangerous road cases can be especially difficult to prove because our laws give the government a certain level of immunity which protects them. If the intersection received the stamp of approval from an approved, reputable engineering firm, then unless the design or plan was changed, the government may indeed have immunity from being held accountable. Even if the design was approved and followed to the letter, however, the government entity may have failed to install or maintain signage which warned of the dangerous intersection, or may have failed to cut tree limbs or branches which blocked the views and potentially caused your accident. As you can see, dangerous road cases are complex and definitely require the assistance of an attorney who has the skill and aggressiveness to pursue the government and obtain a fair settlement for your injuries.

/by

Getting a Fair Settlement for Your Whiplash Injury in Mississippi

If you’ve recently been involved in an auto accident, and find later that your neck was injured during the crash, you may be hesitant to contact an attorney due to the negative associations commonly linked to claims of whiplash. Whiplash is a very real injury which is caused when your head and neck are subject to extreme motions in which the neck snaps or jerks. While whiplash injuries are most common in collisions where one vehicle strikes another form the rear, the truth is that even an accident which occurs at relative low speeds and is not particularly high-impact can result in serious whiplash injuries.

Those injuries can vary in severity depending on where your head was at the moment of the impact as well as the location of your headrest and seat, the dimensions of your vehicle (and the one that hit you), and your own size. Although whiplash is considered a soft tissue injury, this does not make it any less serious, and if you delay treatment, or allow the injury to go untreated, you could end up with severe, long-lasting effects.

Symptoms of Whiplash

While most symptoms of whiplash will manifest themselves within 24 hours of your injury, in some cases they will not be felt for a week, or even a month following the accident. You may suffer neck pain and stiffness, or headaches which are typically felt near the base of your skull. Some people with have dizziness or nausea, blurred vision or extreme levels of fatigue. Less commonly those who have suffered a neck injury could experience difficulty in concentrating, memory issues, insomnia, a ringing noise in the ears, or mood disturbances such as irritability. In very severe cases of whiplash, the pain can spread to the shoulder and arm area, it can become extremely difficult and painful to move the head and you could have numbness, tingling or weakness in your extremities.

Long-Lasting Effects of a Whiplash Injury

Your neck is comprised of tendons, ligaments and muscles which are intricately wrapped around and through your spine, which is responsible for supporting your entire body. When these tendons, ligaments or muscles are damaged in an auto accident, you may be sore or stiff for days following the accident, or in some cases, even weeks. Most whiplash injuries will heal, with no lasting effects, however in some cases the soreness you feel is an indicator of a much more serious injury. You may have even slipped a disc or damaged the spine itself. A herniated disc can slowly worsen for years before you realize you need treatment, so a diagnosis immediately following your accident can potentially prevent years of pain.

Filing Suit for Your Whiplash Injuries

You must first be aware of the statute of limitations phase as dictated by your specific state laws, then you will be required to prove that the person who caused your whiplash injury had a responsibility to refrain from acting a specific way, that he or she breached this duty, causing the accident, that you were injured, and that those injuries were a direct result of the defendant’s breach of duty. If you are able to prove all four of these elements, you could be permitted to receive monetary damages, and may also qualify for punitive damages. General damages are paid for your physical pain and suffering which you now endure as a direct result of the accident. You may also be able to claim emotional pain and suffering or loss of enjoyment of your life under general damages. Special damages are a bit more arbitrary to some extent and are paid to you as compensation for loss of earnings, including potential loss of future earnings or damages to your vehicle, including the cost of a rental car while your car is being repaired. Whether the other driver’s act of negligence or recklessness caused your accident or not, you should still seek the advice of a competent whiplash injury attorney. Your attorney can then assess all the damages you suffered because of the accident and work hard to ensure you receive a fair level of compensation for your whiplash injuries.

/by

Memorial Day Means Fun on Mississippi Waterways and Boating Accidents

Most of us have begun preparing our boats and digging the fishing poles along with the camping gear out of the storage room.  Memorial Day weekend is just around the corner so it is time to take the boats out of storage and get ready to go swimming, fishing and pleasure cruising on Mississippi waterways. There are so many beautiful bayous, rivers, and lakes in Mississippi that it is a perfect place to spend Memorial Day weekend.  If those out on the water become careless or mix alcohol and boating, it can mean serious boating accidents.

Most boating accidents that result in fatalities occur during daylight hours.  The  majority of fatal boating accidents also occur on warm, sunny days before 5 PM when the winds are light, and the water is calm.  Boating accidents frequently are caused by capsizing or falling out of the boat, which is how most people are killed on the water in boating accidents.

What is Capsizing?

Capsizing is when the boat flips over on its side or turns all the way over.  Many serious boating accidents also occur when someone stands up in a boat and loses their balance.  This can result in a person falling in the water and drowning sometimes when hitting one’s head on the side or bottom of the boat, or the person may get seriously injured when entangled in the boat propellor.  Capsize accidents or accidents where boaters are injured when slipping and falling into the water usually occurs on small watercrafts.

On March 21, 2011, a man died when he and his fishing buddy stood up at the same time in their 14 foot boat while fishing on the Mississippi River. The boat suddenly flipped throwing both men overboard, and only one of the men survived.  Because this type of accident frequently occurs with fatal results, it is important to know what precautions to take to prevent tipping or falling out of a small boat.  Sometime boats, especially small fishing or pleasure boats, will capsize so it is important that you and everyone on the boat know what to do if the boat does tip over, or someone does fall out of the boat into the water.

Here are some guidelines that can help you safely enjoy Mississippi waterways:

  • Boat owners should not allow anyone to sit where there is no seat.  It is important to ensure every passenger is sitting in a place on board that is a designed for occupants to sit.  No one should sit on the front of the boat where no seats are placed or sit on top of the backs of the seats or motor cover. This disrupts the boat’s balance and center of gravity.
  • Boats should not be overloaded with too much cargo or be loaded with more passengers than seats.
  • All boat occupants should be sitting when the boat is moving.  It is important to keep your center of gravity low and close to the water.
  • It is always a bad idea to lean on the sides of a small boat. This will disrupt the boat’s balance.
  • When moving across the water and turning a boat, the driver should make the turn wide and slow.
  • Boat owners should never go out on rough water or just prior to a storm.
  • When anchoring your boat, you should always anchor from the bow ( front of boat).  You should never throw an anchor from the rear of the boat.

What If Your Boat Capsizes or You Fall Overboard

If you fall out of the boat and cannot get back in, you should stay with the boat if at all possible. A boat is easier to spot than someone floating in the water.  You can signal for help using devices on the boat such as mirrors, distress signals and whistles.

If you did not have a life jacket on when you fell out of the boat, you should find one and put it on or at least hold onto it.  You should also look around you and make sure everyone can be accounted for and that each person is wearing a life jacket.

If you fall into the water, you should try to get back onto the boat.  If you are unable to do so, it is best to pull as much of your body out of the water as possible.  A person who falls overboard and cannot get back into the boat should not tread water because it will result in you losing your body heat faster.  It is advisable to simply hold onto the boat until help arrives.

What If the Boat Sinks?

If your boat sinks or gets away from you, the most important thing is not to panic.  You should tighten your life vest securely and wait for help. If you don’t have a life vest, it is important to look around and see what is floating on the water, such as oars, coolers, and boat seats. You and your passengers should hold onto whatever is floating on the water and stay together in a group.  If there is nothing at all to hold onto, you will have to tread water or float.  If the water is very cold, try floating instead of treading to prevent hypothermia.  All waterways are routinely patrolled so help should arrive soon.

The most important item for everyone to have on before entering the boat is a life jacket because getting back into a boat once it has flipped over is extremely difficult to do.  This is why there are so many people killed this way each year.  No one wants to be a tragic Memorial Day boating accident statistic.  If you or someone you love is injured in a serious boating accident because of the negligence of a boat owner, boat operator or defective boat part, you may be entitled to damages for your injuries or the wrongful death of a loved one.

At Barrett Law, PLLC our law firm’s roots representing those who suffer injury or wrongful death at the hands of others throughout Mississippi extend back 75 years.  We are committed to helping those who suffer personal injury in Lexington and throughout Mississippi obtain compensation for their injuries or loss of a loved one.

If you or a family member is injured in a boating accident, our experienced Mississippi personal injury lawyers can help so call us today at (662) 834-2376.

/by