Experienced Mississippi Personal Injury Attorney Explains: Can I Be Compensated for Medical Malpractice Resulting in Birth Injuries or Birth Defects?

Sadly, clients sometimes contact us because what should be a joyous occasion, the birth of a child, has taken a tragic turn. They are usually contacting us because they believe their medical providers’ actions resulted in an injury or birth defect in their new child. If they are correct, they are due significant compensation for the injury their child suffered and the extra expense raising their child will entail.

Our firm has significant experience representing parties in medical malpractice cases and can provide expert counsel if your child suffered a preventable birth defect or birth injury at the hands of medical providers. What does “preventable injury” mean though? A “preventable injury” is one occurring when a medical provider such as a nurse or doctor treats a mother or child during the childbirth process, fails to meet the accepted standard of care, and that failure results in an injury or birth defect.

What are Birth Injuries?

A birth injury is an injury caused during labor and delivery. Common causes for birth injuries are labor itself, complications of labor, c-sections, medical mistakes during labor involving a c-section or the use of forceps, failure to monitor fetal health and signs of distress. If your child was injured during birth, that does not mean that you have a claim for compensation for that injury. The question will be whether the medical professionals who handled the birth met the professional standards of care given the situation presented to them. Basically, proving negligence does not hinge on the appearance of an injury, but on the failure to meet the requisite standard of care.

What are Birth Defects?

As was said above, birth injuries occur during the labor and delivery of the child. In contrast, birth defects occur while a child is developing for nine months in the womb. Not only are the time periods very different, but so are the standards for negligence. That is because injuries to the child during the birthing process are relatively easier to establish than those that develop while the child in the womb. The latter is usually assumed to be congenital and to have little to do with the medical care the mother receives. However, if a mother is given incorrect medication or medication to which the mother has a known allergy, there can be a successful claim for compensation for the birth defects arising from that negligence.

What Make a Strong Case?

There a multitude of complex factors that must be scrutinized before bringing a medical malpractice claim based on a birth injury or birth defect. At the core of any strong case, however, is a clear showing of negligence. A clear showing of negligence means that a medical professional such as a doctor or nurse did not meet the accepted standard of medical care when they provided treatment and that that failure caused you or your child harm.

What Should You Do if You Believe Your Child Was Injured During Birth?

If your child was born with either birth defects or a birth injury, you may be due compensation. While no amount of compensation can truly make you whole, you will need financial compensation to help meet your child’s ongoing medical and developmental needs. Receiving the compensation you deserve will require consultation with an experienced personal injury attorney. Hiring inexperienced counsel lacking Mississippi medical malpractice experience will lead to frustration and a settlement that is a fraction of what you deserve, if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child was born with birth defencts or a birth injury.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Experienced Mississippi Personal Injury Attorney Explains: What are the Types of Product Liability?

Clients often contact us because they have been injured by a product they purchased. Tragically, some of those clients contact us because a family member has been killed by a product. In those horrible situations arise, you have the right to be compensated financially for the injury or death, the suffering, and other economic damages resulting from the injury or death. Where the manufacturer’s conduct is particularly egregious, punitive damages may also be assessed against them to punish them for particularly wonton disregard of consumers’ safety.

Understanding Product Liability

If you are injured by a product, the first step in attaining compensation is to perform an investigation to determine the cause of the injury. While many times a defect in the product caused the injury or death, there are also many instances where the product was not defective and the injury was caused by user error or subsequent changes to the product’s design by a third party. In instances where the product caused the injury or death, the investigation will categorize the cause as either due to (1) design defect, (2) manufacturing defect, or (3) a manufacturer’s failure to warn the consumer.

What are Design Defects?

If an investigation determines that the product contained a “design defect,” it means that the way the product was designed resulted in it being inherently dangerous. “Inherently dangerous” can be determined many different ways, but it usually must show that the product was used as it was intended, harmed the user, and an aspect of the design caused the harm. While you will need experienced counsel to explain why something was “inherently dangerous,” it can be summarized as something that was manufactured correctly and had an adequate explanation regarding its use, but that caused harm because of its design. If that harm was caused by a failure to safely design a product to be used safely as advertised, you may be entitled to compensation.

What are Manufacturing Defects?

A manufacturing defect was designed correctly by the manufacturer but was somehow produced or constructed with a flaw. These products were not produced or constructed in the manner which they were designed. Instead, they are often normally “safe” products that have cheaper or inferior materials used, resulting in a danger product. If the difference between the design of a product and its manufacturing causes you injury, you may be entitled to compensation.

What is a Failure to Warn

A product’s manufacturer, distributor, or point of sale has a duty to warn the consumer regarding a product’s possible dangers. If you were injured because you used a product reasonably and were subsequently harmed when the product injured you in an unforeseeable manner, you may have a failure to warn claim.  Because it is so difficult to foresee all possible harms that a product may cause, consumers are acquainted with long disclaimers contained in products’ directions that often see far-fetched or even ludicrous.

What Should You Do if You or a Loved One is Injured by a Product?

If you or a loved one has been injured or killed as a result of a product, quickly receiving the compensation you deserve will require consultation with an experienced personal injury attorney. Hiring inexperienced counsel lacking Mississippi personal injury law experience will lead to frustration and a settlement that is a fraction of what you deserve if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Experienced Mississippi Personal Injury Attorney Explains: What To Do if a Loved One is the Victim of Elder Financial Abuse?

Caring for elderly relatives poses a tremendous financial and emotional challenge for loved ones. The fact that other family members and workers that we employ to take care of the elderly would use that position to steal money, property, and assets compounds this responsibility. Unfortunately, elder financial abuse is a frequent problem but is also one that can be prevented by putting in place a series of effective precautions. If you have an elderly family member that has been the victim of financial abuse, contacting an experienced Mississippi personal injury attorney is vital to making your loved one and you whole.

Defining Elder Financial Abuse

Elder financial abuse can take many forms but includes forging signatures on checks, draining bank accounts, stealing assets, and taking control of property. The quintessential victim is over 80 and lives alone. Because many people at this age are suffering from some form of mental diminishment, they are often either not aware of the theft, unwittingly participate in it, or are not believed when they discovering it happening. The culprits can either be nursing staff employed to care for the elderly or the elderly person’s own family.

While we categorize elder financial abuse as theft and treat it like any other crime driven by greed or desperation, there are nuances to it as well. A family member caring for an elderly family member may be missing work to provide that care, may incur significant expenses associated with that care, and may feel that they are “owed” money. These family member caregivers often take money or assets from the elderly family member in their case as a form of payment.  This is also illegal, however, and is just another form of elder financial abuse.

What are the Signs that Elder Financial Abuse is Occurring?

Being alert to the signs that elder financial abuse is occurring is important to preventing it. Read and review bank statements and be concerned if banks stop sending them. Also be on the lookout for an increase in credit card offers. Your elderly family members are unlikely to be using credit cards frequently, yet the companies send these offers as a result of increased use. Is your loved one’s checkbook accessible and balanced? Are the signatures on the checks clearly his or hers? Keep an accounting of high value assets such as jewelry and firearms that are easy to sell for cash, and if they disappear or “go missing” be concerned.

If you suspect that someone is financially victimizing an elderly loved one, contact legal counsel immediately. A lawsuit or claim against a health care provider may be necessary to protect your interests. It is possible to protect your loved one and recover the funds for property that was taken, but not without expert help and advice.

What Should You Do a Loved One is the Victim of Elder Financial Abuse?

If a loved one has been the victim of elder financial abuse, quickly receiving the compensation to care for them and that they are due will require consultation with an experienced personal injury attorney. Trying to “go after” the culprit on your own will lead to frustration and a settlement that is a fraction of what you deserve if you receive anything at all.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if a loved one has been the victim of elder financial abuse.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Experienced Mississippi Personal Injury Attorney Explains: What To Do if You or a Loved One is Injured, Sickened, or Killed Due to Welding

Having a loved one incapacitated or killed as a result of an employer’s negligence is life-altering. Loss of the loved one and their income can devastate a family. Welding is a technical and demanding job that often occurs in a dangerous setting. Employers routinely cut corners on construction projects, making welding related injuries, ailments, and death a far too common reality. You need to immediately contact an experienced Mississippi personal injury attorney if you or a loved one is injured or killed as a result of their welding career.

Metal Fume Fever

Each year, thousands of welders are injured due to what is called “metal fume fever.”  It is also referred to as welding illness or “the brass shakes” and is caused by breathing in toxic welding fumes. It can last a few days or weeks and is caused by the chemicals released during the welding process, specifically by welding galvanized steel, which emits magnesium oxide and zinc oxide. The symptoms vary, but welders who experience flu-like symptoms such as fever, nausea, chills, headaches, or coughs may be experiencing symptoms. A more acute symptom is the pronounced taste of metal in the mouth. As the condition worsens, so do the symptoms, including yellow skin and vomiting.

Metal fume fever is easily prevented with adequate personal protective equipment and ventilation. If you are welding a closed environment with little or no ventilation, you have a right to ask for ventilation and/or respirator equipment to prevent metal fume fever. If you make that sort of request, be sure to document it.

Metal fume fever requires bed rest and hydration to recover from the symptoms, which means you will likely miss work if you succumb to it. That is unfair to you and your family, and if you are missing work due to metal fume fever, you should contact an experienced Mississippi personal injury lawyer to attain compensation to make you whole.

Cancer

Many of the gases and chemicals produced by welding are also carcinogenic. As has been shown numerous times, exposure to carcinogens is a significant factor in causing cancer. This is particularly true of welding stainless steel and working with nickel and chromium.  If you are welding with these metals, you need to consult a physician to check for any development of cancer.

Pneumonia

Welding fumes can also result in the welder developing pneumonia. Extreme exposure, coupled with a compromised immune system, can lead to death.

Asthma

Similarly, persistent contact with the gases used in and created by welding can cause asthma. Again, welding stainless steel and arc welding without sufficient protections in place and having contact with chrome oxide have been shown to contribute to respiratory problems such as asthma. If you are having shortness of breath, a dry or scratchy throat, and tightness in the chest you may be feeling the onset of asthma as a result of your exposure to welding gases.

In short, there are a host of concerns anytime you or a loved one is welding.  If an injury or death occurs, it was often preventable and only occurred due to the employer’s negligence or corner-cutting.  If that is the case, you have the right to be made whole with the help of an experienced personal injury attorney.

What Should You Do if You or a Loved One is Injured?

If you or a loved one has been injured, can no longer work, or is sick due to welding, quickly receiving the compensation you are due will require consultation with an experienced personal injury attorney. Trying to settle the case on your own will lead to frustration and a settlement that is a fraction of what you deserve.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if a loved one has been injured, sickened, or killed.

Barrett Law has the experience to take on insurance companies’ defense counsel.  Contact us now at (601) 790-1505, to get experienced counsel on your side.

 

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Mississippi Personal Injury Lawyer Advises Persons Affected by the BP Oil Spill About the Gulf Region Outreach Program

The 2010 Deepwater Horizon explosion and oil spill was a devastating event for the Gulf Coast economy, culture, and environment.  When it occurred, it would have been extremely difficult to think that anything positive would result from the devastation and death.  However, the Gulf Region Health Outreach Program (GRHOP), is part of the BP Medical Benefits Class Action Settlement is one such positive development.

Gulf Region Health Outreach Program

The GRHOP is aimed at bettering the health care situation in the Gulf, especially the many important elements of health care that the Gulf region lacks. It is funded through the $105 million dollars of the settlement.  Its goal is to combine the health care efforts of the four Gulf states and four programs that share a common healthcare thread, quality health care in the Gulf region affected by the spill.

Who Can Benefit from the GRHOP?

The primary goal of the GRHOP is to provide medical services to the affected region’s residents that are uninsured and critically, medically underserved.  How would you know if you can benefit from the GRHOP? If you were an oil spill cleanup worker or are a resident of Class members certain coastal and wetlands areas of Louisiana, Mississippi, Alabama and the Florida Panhandle you are eligible to receive services under the GRHOP.

What Does the GRHOP Do?

In essence, the GRHOP provides funding for five years to combat persistent medical conditions related to the spill and to medical institutions serving the affected region for five years.  Class members are entitled to financial compensation for acute and chronic injuries related to oil exposure, healthcare consultation every three years for 21 years, and streamlined litigation procedures for class members who later display adverse physical conditions allegedly related to oil exposure.

Specifically, it provides funding to: The Louisiana Public Health Institute for the Primary Care Capacity Project to expand and improve access to quality health care; A quad-state consortium of Gulf state universities for the Mental and Behavioral Health Capacity Project designed to address behavioral and mental health needs of coastal citizens and provide mental health services; The University of South Alabama for the Community Health Worker Training Project for the training of community health workers who help Gulf residents understand and maneuver within the health care system; Tulane University School of Public Health for the Environmental Health Capacity and Literacy.

GRHOP’s Benefits to Class Members and the Gulf Coast

GRHOP funding has provided medical care and improved facilities in areas that desperately needed them. Physical and mental health care is now being provided to class members in areas that have never seen that level of care before.

Are you taking advantage of the benefits of the GRHOP that you may be entitled to as a class member? Consulting with an experienced oil spill attorney may clarify health care problems you are experiencing. Important deadlines, statutes of limitations, and filing requirements make consulting with an experienced BP oil spill attorney a vital step to protecting your health, your livelihood, and your rights if you have suffered as a result of the spill.

Contact Mississippi personal injury attorney Jonathan Barrett at Barrett Law immediately to protect your rights at (601)-790-1505.

Call attorney Barrett to set up a free initial consultation. The claims you may have related to the BP oil spill are not simple and you should not trust them to an attorney lacking the plaintiffs’ law and BP oil spill experience attorney Barrett possess. Call now to protect your livelihood and life.

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Experienced Mississippi Personal Injury Attorney Explains: What To Do if You or a Loved One is Injure or Killed in a Trenching Accident

Having a loved one die as a result of an employer’s negligence is life-altering. Loss of the loved one and their income can devastate a family. Unfortunately, employers routinely cut corners on trenching projects, making this horrific outcome a far too common reality. You need to immediately contact an experienced Mississippi personal injury attorney if you or a loved one is injured or killed in a trenching accident.

Trenching and excavation work is incredibly dangerous. Too deep trenches lacking sufficient shoring can collapse, crushing those working below, and resulting in serious injury or death. Sadly, these accidents are the result of employers’ unwillingness to take proper safety precautions are entirely preventable.  These injuries and deaths are the results of cutting corners.

What Are the Employer’s Responsibilities?

The federal Occupational Safety and Health Administration (OSHA) sets standards and protects employees on the job site.  Importantly, OSHA also provides protections against retaliation to employees who report unsafe workplace conditions.

Under OSHA and Mississippi workplace safety rules, employers must make sure that trenches are sufficiently supported with shorings, and large mounds of soil cannot obstruct trench exits. It is in construction companies’ interests to remove these hazards, as even if a significant personal injury claim is not brought against them, they can be fined by OSHA for maintaining an unsafe workplace.

Most Trenching Accidents Are Preventable

Workplace laws surrounding trenching are extremely prescriptive because trenching accidents are so often severe and are usually preventable. Sufficient shoring or benching, keeping heaving equipment away from the trenches’ sides, and sufficiently removing excavated earth are all proven work-site techniques for preventing cave-ins on workers working below ground.

Additionally, there are a number of serious environmental factors that endanger workers that are not immediately related to how the trench is dug or shored.  In particular, it is extremely important that the employer monitors soil for toxins and environmental conditions such as heavy rains. Soil samples should be taking as trenching commences and continue as work progresses to prevent workers from being exposed to toxic substances trapped in the trenching soil. Employers must have a plan to remove employees and machinery safely from a trench in the case of extreme rain or a water main rupture.  Using benching to prevent cave-ins may not be appropriate in very silty or sandy soils; in these conditions, shoring may be the only safe option.

Extreme nearby vibrations can also result in these tragic situations occurring. Employers need to know what other work is going on in the vicinity, as heavy machinery working on utility or building projects nearby may cause vibrations that destabilize soils on their trenched building site.

In short, there are a host of concerns any time you or a loved one are working on a construction project that involves trenching.  If an injury or death occurs, it was often preventable and only occurred due to the employer’s negligence or corner-cutting.  If that is the case, you have the right to be made whole with the help of an experienced personal injury attorney.

What Should You Do if You or a Loved One is Injured?

If you or a loved one has been injured in a trenching accident, receiving the compensation you are due will require consultation with an experienced personal injury attorney. Trying to settle the case on your own will lead to frustration and a settlement that is a fraction of what you deserve.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if a loved one has been injured or killed.

Barrett Law has the experience to take on insurance companies’ defense counsel.  Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Mississippi Whistleblower Lawyer Advises: Huge, Recent SEC Awards Highlight Whistleblower Opportunities

Two recent awards from the Securities and Exchange Commission (SEC) totaling $16 million dollars in two whistleblower cases highlight the importance of whistleblowers to uncovering corporate corruption and the significant awards awaiting those willing to bring those behaviors to light. The SEC’s whistleblower program pays large awards to those who provide timely information resulting in a successful prosecution. A whistleblower may receive up to thirty percent of any sanction imposed on a corporation, and the sanctions are often in the millions of dollars.

If you are considering making an SEC whistleblower claim, you should understand the risks involved, including retaliation and loss of a career. Those risks are taken to achieve a significant reward, but the reward is not known until an investigation and successful prosecution. Accordingly, it is vital that you retain experienced whistleblower counsel to help you through this process so that the risks are mitigated and the reward is maximized.   know that there is extremely high risk that your whistleblowing will anger your employer. That anger can translate into retaliation against you, which often results in a whistleblower losing his or her job. You should know that retaliation is prohibited under the False Claims Act, however, and can result in your reinstatement, as well as other penalties such as double back pay, fines, and attorney fees.

This past On November 30, 2017, the SEC announced two whistleblower awards of more than $8 million each for their help successfully prosecuting two SEC enforcement actions. In these decisions, the SEC highlighted the aspects required for any successful whistleblower claim. Specifically, the claimants filed timely and original information. In other words, the whistleblowers were the first to file and filed information that the SEC was unaware of.

Case One—this whistleblower provided original information to the SEC.  Once the SEC’s investigation was underway, the whistleblower communicated with SEC numerous times throughout the investigation, providing significant information including identification of relevant documents and witnesses, saving the SEC substantial time and resources.

Claim Two—this whistleblower and their attorney also provided original information to the SEC through its online Tips, Complaints, and Referrals (TCR) system. The whistleblower and their attorney continued to provide supplemental information over the next year while the SEC investigated the case. Because of this whistleblower’s information gathering, they aided the SEC in “more fully and quickly understand[ing] the misconduct and to assess the legal consequences.”

The SEC could not do its work without whistleblowers.  The Chief of the SEC’s Office of the Whistleblower Jane Norberg stated that the work of whistleblowers is evident in the “more than $671 in disgorgement of ill-gotten gains, much of which has been or is scheduled to be returned to harmed investors,” and recovered “based on actionable information from whistleblowers.” Overall, enforcement actions involving whistleblower awards have helped the SEC recover more than $1 billion in financial remedies.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing an SEC whistleblower case? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes an SEC violation. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, and filing requirements make your representation both complex and time-sensitive.

Call Barrett Law now at (601) 790-1505 if you think you may be an SEC whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call us today.

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Mississippi Whistleblower Lawyer Advises: What Are Some Lessons Learned from Recent SEC Whistleblower Cases? 

PART II

In the first half of this blog post, I reviewed how establishing material facts and determining your eligibility to make a whistleblower claim to the SEC are critical first steps in your case.  Now, I will go over three more vital steps to receiving a multi-million dollar SEC award.

Act Fast, Act First

The SEC has little use for “old news.”  You have an opportunitNewy to attain ten to thirty percent of any penalty the SEC collects from a company it successfully prosecutes, but only if you are the first to provide them with the tip that leads to that prosecution. You must consider that if you know of illegal activities at a corporation, others likely do as well. If you both become whistleblowers, only the first to tip off the SEC with that information will receive a reward, and the second to file may get nothing. While a second whistleblower may get some reward if their tip “significantly contributes” to the prosecution, there is no guarantee to those second or third in line.

Another consideration is how fast you acted on reporting illegal information once you became aware of it.  An award may be significantly reduced if a whistleblower only came forward once they know an investigation was imminent. Another reason for a reduction is when the whistleblower participated in the illegal activity and failed to stop it from occurring. Basically, the more culpable you are and the longer you delay due to your own participation in illegal acts, the more your reward may be reduced by the SEC.

Know the SEC’s Rules

Besides those listed above, there are other SEC rules affecting whether the SEC will increase or decrease your reward for whistleblowing. Some examples involving delay and culpability were discussed above that may reduce a reward. Similarly, your reward may be reduced if you were involved with disabling or improperly subverting a corporation’s compliance systems that would have normally caught the illegal activity in question.

With the help of experienced whistleblower counsel, you may also be able to increase the size of your award. For example, if you provide a significant tip that alerts the SEC to illegal conduct that they are particularly interested in policing, that may result in a more significant reward. Similarly, if you provide a significant amount of help to the SEC in either gathering evidence or prosecuting their case, your reward may be increased.

Your Whistleblower Tip Should be Attention-Grabbing

Like many government agencies, the SEC’s Whistleblower Office is tasked with doing a lot with a small staff.  They receive thousands of tips each year, but can only process a small fraction.  You are taking a great risk by filing a tip, so how do you make sure that risk generates a significant reward? Working alongside experienced whistleblower counsel, you can draft a tip that successfully catches the SEC’s attention.

First, make the SEC’s work easier for them; avoid general tips that do not clearly indicate how a case will be prosecuted.  Instead, lay out how the whistleblower tip can easily be prosecuted. Second, show the SEC that the violation is clearly material, meaning that it is demonstrably a violation of the law.  Finally, provide actual documentary evidence of your claim.  Many tips are just allegations, and providing physical evidence is an important first step to demonstrating that the claim can be prosecuted successfully.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower claim? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes a violation of the False Claims Act. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, statutes of limitations, and filing requirements make your representation both complex and time-sensitive.

Mississippi Whistleblower Attorney Jonathan Barrett is available now at (601) 790-1505

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgment and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Explains How Employers are Responsible for the Employees’ Actions Under Vicarious Liability

When a person is injured in an accident with a vehicle owned by a corporation, it is rarely the corporation’s CEO that was at the wheel. In that scenario, the minimum wage earning employee that caused the accident is unlikely to have the funds to compensate the injured person. So how does a person hold the company financially responsible for the injuries caused by that employee? Legally, the concept of the transfer of liability from the company to its employees is called vicarious liability. In a nutshell, that means that an organization is liable for the actions of those who act on its behalf.

If you were injured in an accident, contact an experienced Mississippi personal injury lawyer immediately. Being compensated for your injuries is a complex process and is not one you should go through alone. Hiring an attorney who “dabbles” in personal injury work will likely result in you getting a reduced settlement if you get one at all.

Respondeat Superior

The legal theory of respondeat superior means that an employer company is legally responsible for its employees’ actions while they are working on the company’s behalf. A case can be based on respondeat superior when the employee was negligent in the performance of his or her duties. For example, if an employee drinks and then drives a company vehicle to run an errand, causing an accident, the victim of that accident would have a strong argument that that employee acted unreasonably and caused them harm. Because that unreasonable act occurred within the context of employment, the employer would also be responsible for any of the employee’s harm. The same argument would likely not be successful against the company if the employee drank and then jumped in their own car to drive home from work, as that scenario did not occur within the employment context. The context in which the harm occurs, proving negligence, and proving the employee/employer relationship are separate legal challenges in every respondeat superior negligence case. Experienced personal injury counsel will likely work with you to establish that each requirement is met before bringing a claim.

Negligent Hire

The above example concerned accidents, or negligent behavior, committed by an employee while on the job. Another aspect of vicarious liability is “negligent hire.” A negligent hire claim arises when an employee intentionally injurers a coworker or a third party intentionally. In these cases, the behavior was not at the direction of the employer, as a making a delivery in a truck might be, and was clearly outside the employee’s duties. However, the employer may still be liable if they were negligent in hiring the employee, meaning that they knew or should have known that they posed a danger to other employees or the public.

A negligent hire claim often arises in the context of sexual abuse. If an employer fails to adequately background check an employee with a criminal record of sexual abuse, and then that employee proceeds to sexually abuse a third party, a claim of negligent hire often arises. Similarly, if an employer hires an employee with a documented history of violence and then that employee violently injures a third party, a similar claim of negligent hire will arise.

Claims for negligent retention can also be brought by injured third parties when a company became aware of an employee’s tendency to be violent or to harm others and did not fire them upon becoming aware.

What Should You Do if You Are Injured by a Company’s Employee?

If you are injured by an employee of a company, you may be owed compensation under a theory of vicarious responsibility. But receiving the compensation you deserve will require consultation with an experienced personal injury attorney.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has been injured.

Contact us now at (601) 790-1505, to get experienced counsel on your side.

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Mississippi Whistleblower Lawyer Advises: What Are Some Lessons Learned from Recent SEC Whistleblower Cases? 

Part I

Do you work for a corporation regulated by the Securities and Exchange Commission (SEC)? The SEC Whistleblower Program provides significant rewards to employee whistleblowers—to date, more than $150 million to 42 whistleblowers. When an award is made, whistleblower attorneys note information that the SEC found important to making a significant award.  This blog post offers some of that guidance to you. However, if you are considering becoming a whistleblower, retain experienced whistleblower counsel now, as simple mistakes could cost you millions in award money.  The first part of this blog post will highlight the first two takeaways from the SEC’s award filings, and the next three are in Part II.

Establishing a Material Violation

Many people have knowledge of acts falling below best practices or that are unprofessional. That is not really sufficient to become a successful SEC whistleblower. The most important first step in an SEC whistleblower case is proving a clear and material violation of federal securities law.  What this means is that the information you will provide is clear enough and serious enough that it justifies the SEC prosecuting the case.

What does this mean for you and your whistleblower counsel? Well, it means that your hunch that something illegal is occurring or the pattern of irregularities that you have noticed will need time and resources devoted to it to make it clear that specific illegal actions are taking place and that there is credible evidence supporting your allegation.

Your Eligibility Because May Affect Award Percentage

Once you have determined that specific, illegal actions are taking place, you must determine your SEC eligibility as a whistleblower. The next step in any successful whistleblower claim is to determine eligibility. In a broad sense, anyone who is involved with an SEC-regulated company can become a whistleblower, including attorneys, auditors, and board members. However, the most common person to come forward and report wrongdoing is an auditor or accountant who has access to the company’s financial filings.

There are complexities to determining eligibility that will require experienced counsel.  For example, there are different eligibility rules for an internal auditor working for a corporation as opposed to an outside auditor hired to review a company’s books, and it is easier for the former to become a whistleblower than the latter. An internal auditor does not have a duty to report the illegal activity if he or she knows that the company is already aware of it, while an outside auditor must first report illegal activity to a superior and then wait to see if his or her superior reports it to the SEC. Knowing these requirements and others is critical to attaining your reward.

In short, you should not assume that you are an eligible SEC whistleblower just because you have knowledge of illegal activity. There are facts specific to your case that must first be analyzed by an experienced whistleblower attorney. That careful analysis may make a significant financial difference in your case; it could mean the difference between a multimillion-dollar whistleblower award and nothing.

CONTINUED IN THE NEXT BLOG POST

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing an SEC whistleblower case? You will require the help of an experienced whistleblower attorney to decide whether the conduct you have observed constitutes an SEC violation. Evidence gathering, dealing with the federal government’s attorneys, important deadlines, statutes of limitations, and filing requirements make your representation both complex and time-sensitive.

Call Barrett Law now at (601) 790-1505 if you think you may be an SEC whistleblower.

Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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