Experienced Mississippi BP Oil Spill Attorney Explains What BP’s Latest “Charge” Means

I receive calls about the BP Deepwater Horizon oil spill whenever there is a new article about the spill in the news. Lately, Gulf residents here in Mississippi have called me to ask questions about BP taking a $1.7 billion dollar “charge” and what that means for them. Remember, in 2015 BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion dollar settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. I have attached a useful article from Bloomberg News that describes the current state of the oil spill settlement well and encourage you to read it.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

What Does Taking a “Charge” Mean?

Companies often record a huge debt in the wake of an investment that goes bad, a product that fails to launch, or a disaster. Clearly, in regards to BP the debt was due to its disastrous spill and the liability it incurred amounted to $21 billion dollars. That said, BP has some control over how they structure the debt so that they can remain in business. That means the debt is not added to their books all at once; rather, they pay that debt back strategically over time. Recent oils spill settlement payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

BP is likely paying out more money now and in the near future because settlement claims are becoming more predictable in size, and the breadth of the total universe of claims is becoming clearer. This allows BP to have a better picture of how to distribute its debt over time. It also means that the settlements are going to get calcified, meaning it is increasingly unlikely to get a settlement much larger than the average without aggravating factors. If you still feel that you are owed money, the time is now to call an attorney to discuss what claims remain available to you.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you may be due compensation for your losses. Hiring an amateur or general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the spill.

Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: Steps You Should Take if You are Injured While Driving a Truck for Work

Anyone who spends any time on Mississippi’s roads knows that many people are driving big rigs for a living. If you drive a commercial vehicle, you know that its massive weight has the potential to cause serious harm in the unfortunate event of an accident. But what should you do if you are injured in a crash while you are driving a truck for a living?

 

If you have been injured in a trucking accident, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

 

Essential Steps to Take if You Are Injured in an Accident

 

Call the Police—Whenever an accident occurs, set out flares, move away from the accident scene, and call the police. They are important for a variety of reasons. First and foremost, they can make sure the scene is safe and that anyone who requires medical attention gets it. Second, if you require medical care, the police will call in EMT’s to assess your injuries. Finally, the police will usually take pictures and measurements to document the accident site. Both the documentation of your injuries and the crash site will be vital if you have to make a personal injury claim later.

 

It is important to be treated by EMT’s even if you feel unhurt. You are likely in shock and are unable to judge whether you are hurt or not. Even if you are unhurt at that moment, you will want the EMT’s report to serve as a baseline if a medical condition develops later.

 

Take Pictures—If you are physically able, take as many pictures as possible of the crash scene. If your camera has a time stamp feature, use it. When taking pictures, be sure to get clear photos of the entire crash site, including skid marks and debris that has disconnected from your truck. If possible, take pictures so that there is an object in the frame such as a fire hydrant or guardrail to provide scale.

Gather Witness Information—While the police may get the names of witnesses, you should not leave that up to them. Get the names and contact information of all witnesses. Note that they are continuing to be a witness when you speak to them. By that I mean that you should speak to them in a calm, level-headed manner; if you come across as wild or out of control, that perception may play into how they portray the accident and your injuries later.

Call Your Employer or Contractor—Contact the trucking company you drive for immediately. Remember that “whatever you say may be used against you” later—stick to the facts. Avoid taking any blame for the accident, as until a thorough investigation occurs there is no way of knowing what or who caused the accident.

Preserve All Records, Photos, and Documents—If you have been injured, the trucking company that employs you will likely try to shift blame to you, claiming that you had not gotten enough sleep or that you were distracted. In this situation, maintaining all driving records, photos, and log books will be critical to show that you did not cause your injuries.

What Should You Do If You or a Loved One Has Been Injured in a Trucking Accident?

If you or a loved one was injured in a trucking accident, you might have a viable claim for compensation for your injuries, loss of work, and other losses. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s attorneys. These are important tasks that a personal injury attorney can handle for you while you concentrate on healing.

 

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Experienced Mississippi Worker’s Compensation Attorney Provides Tips for Dealing with Insurance Claims Investigators

My clients here in Mississippi are often shocked when they are contacted by their employer’s insurance company’s claim investigator. I always tell them that insurance companies cannot simply hand out money to anyone who claims to be injured. They have a job to do—to make sure that the injured party was truly injured on the job. With the help and guidance of an experienced personal injury attorney, your interaction with a worker’s compensation claim investigator should not be a source of angst. On the other hand, if you try to go it alone, inadvertent pitfalls could spell disaster for your claim.

If you or your family member has been injured at work, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Because I get so many calls about interactions with worker’s compensation insurance investigators, I wrote the following post answering the most common questions I receive. I have also provided a link to the Mississippi Worker’s Compensation Commission’s “Worker’s Compensation Facts” information sheet; it has useful information on this topic as well.

Is it legal for my employer to have an investigator ask me questions about my claim?

Yes. Your employer’s insurance company has a duty to investigate claims.  They either have to accept or deny a claim within a few months. To meet that deadline, they have to make a decision based on evidence they gather, some of which only you have.

If the insurance company has accepted your claim, they may still want to take your statement to complete the file. Additionally, companies—good companies in particular—are interested in the root cause of injuries so that similar incidents can be prevented in the future.

Who is the claims investigator?

It depends. A claims investigator may be an internal risk management employee for your company that specializes in claims management. He or she may also be an employee of your company’s insurance company or a private, third-party investigator.

Do I have to speak to the claims investigator?

No. If a claims investigator is hired, the company may have already decided to deny your claim and there is no point in speaking with the investigator. That said, other times presenting your truthful side of the story to an investigator can be helpful.

Remember, a claims investigator has conducted hundreds of interviews–this is likely your first. The best course of conduct is to work with an experienced worker’s compensation attorney to prepare for the questions you will most likely be asked. Contact an experienced worker’s compensation attorney immediately for advice when a claims investigator contacts you as you will not have a lot of time to decide whether or not to engage in the interview.

How long do I have to file my claim?

In Mississippi, employees are urged to file claims within 30 days. But I would suggest that is far too long. If you wait 30 days, you invite your company’s insurance company to question the validity of your injury. Legally, you have two years to file a claim before the “statute of limitations” bars it.

What Should You Do If You or a Loved One Has Been Injured on the Job?

If you or a loved one was injured at work, you might have a viable claim for compensation for your injuries, medical bills and loss of employment through worker’s compensation. Let experienced counsel help you prepare for an interview, keep track of evidence, and deal with your employer’s insurance company. These are essential tasks that a worker’s compensation attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi worker’s compensation law firm, to represent you if you have suffered an injury at work. Contact us now at (601) 790-1505.

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Experienced Mississippi Whistleblower Lawyer Explains: Reporting Medicaid Kickback Fraud

The Department of Justice recently settled over 27 million dollars in Medicaid fraud cases. I’ve attached an article about it at the end this blog post that will likely interest anyone thinking about becoming a whistleblower. One of the most common forms of Medicaid fraud is “kickbacks,” where a medical professional receives added, unrecorded payments for performing specified therapies or for directing patients to a specific colleague. The drug company, medical device distributor, or another doctor usually pays the physician who prescribes the drug or performs the therapy “under the table” for the additional business.

If you have witnessed this sort of illegal kickbacks in your workplace, you may be able to become a “whistleblower” and report this illegal activity in return for a share of whatever funds the government recovers. In return for taking the substantial risks involved with exposing that fraud, the whistleblower may receive a substantial percentage of any funds the government recovers.  Whistleblowers here in Mississippi frequently recover millions of dollars.

The Federal False Claims Act

The Federal False Claims Act (31 U.S.C. §§ 3729-3733) is a law that penalizes individuals and companies that are convicted of defrauding the government. Most of the cases I see here in Mississippi are filed under the False Claims Act.

Kickbacks in the Medicaid World

Physicians who receive kickbacks often rationalize them as simply a thank you for prescribing a treatment or procedure that they would have recommended otherwise. Another form of kickback occurs between physicians. When a patient requires a specific procedure, there are often many physicians that can perform it. If a physician improperly directs patients to a specific physician in return for financial payment, that is also an illegal kickback. A kickback is nothing more than a bribe. While the physician may later rationalize that they would have taken the same action without the kickback he or she was provided, that rationalization does nothing to diminish the illegality of the act.

These kickbacks are often handled very informally. They may be cash payments handed over outside of the medical setting. They may also be non-monetary, such as expensive bottles of wine, golf clubs, or vacation home use. All of this informality makes them hard to track.

If you are an employee in a medical clinic or hospital and witness kickbacks being paid to either steer patients towards certain treatment brands or certain specialists, you may be eligible to make a whistleblower claim. To be a successful whistleblower, you must be the “first to file” your claim, meaning that if another coworker reports the kickbacks before you, you will receive nothing. You can remain anonymous for a short period, but if the federal government decides to prosecute your case, your name will become public. As a result, you should be prepared for significant backlash for your actions. However, retaliation is prohibited under the False Claims Act, and retaliation has its own financial penalties for employers who take negative action against whistleblowers.

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

Are you witnessing kickbacks in your work environment? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney.

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

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case regarding kickbacks. 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 Whistleblower Lawyer Explains: Hospice Care Medicaid Fraud

When people are in their final months of life they often go into hospice care. Hospice care is emotional support and pain management for patients with less than six months to live. The money to pay for hospice care is often paid through Medicare, a federal program.

Hospice is a fraught time for most families. Their loved one is about to die and they are often overwhelmed with the many tasks involved in caring for their loved one, dealing with health-related expenses, and the pain of impending loss. As a result, they do not closely watch expenses. Unfortunately, because of the high cost of medical care, this is a ripe moment for Medicare fraud. Because the patient has usually died by the time any discrepancy arises and the family is in no position to remember precisely what medication was given or therapy performed, it can be challenging to detect over-billing or billing for treatments that never occurred. This difficulty is compounded because the majority of hospice care happens in a patient’s home, where the standard controls present in a hospital environment may not be as robust.

If you have witnessed the sort of Medicaid fraud I described above, you may be able to file a False Claims Act whistleblower claim. The Federal False Claims Act (31 U.S.C. §§ 3729-3733) is a law that penalizes individuals and companies that are convicted of defrauding the government. “Whistleblower” is a general term for a private citizen who wants to alert the government to fraudulent acts committed against the government. In return for taking the substantial risks involved with exposing that fraud, whistleblowers can recover 15% to 30% of whatever funds the federal government recovers, amounts that often reach well into the millions.

Fraud in the Hospice Environment

If you work in hospice, you know that it is medication-intensive. The United States and Mississippi are both suffering from the effects of an opioid epidemic. Given that the pain management aspects of hospice often involve opioids, there is a tremendous opportunity to steal or divert medications and resell them on the black market. Similarly, because the patient will likely die shortly after hospice, it is ripe for overbilling and billing for procedures that were not performed.

If you are contemplating becoming a whistleblower in the hospice context, you will likely need to gather a sizable amount of evidence to support your claim. Especially if you are reporting a medical provider’s practice of overbilling, keeping careful notes regarding what treatment did and did not occur will be vital.

To attain any reward as a whistleblower, you must be the “first to file.” You can remain anonymous for a short period, but if the federal government decides to prosecute your case, your name will become public. As a result, you should be prepared for significant backlash for your actions. However, retaliation is prohibited under the False Claims Act, and retaliation has its own financial penalties for employers who take adverse action against whistleblowers.

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

Do you have knowledge of fraud or other serious financial misconduct occurring in hospice care? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney. Because whistleblower programs receive thousands of tips each year, they can only act on a small percentage. If you are going to risk your career, relationships, and livelihood, you want to make your work count.

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

Experienced Mississippi Whistleblower Lawyer Jonathan Barrett can provide you with the advice you will need to file a successful False Claims Act case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower judgement and losing your career and livelihood. Call  today.

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Experienced Mississippi Personal Injury Attorney Explains: What Is Premises Liability?

One of the most common claims that clients here in Mississippi ask me about is “slip and fall” cases. People often believe if they are injured on another person’s property, they are due a large cash settlement. While that can happen, it is rarely that straightforward.  That said, landowners and landlords can be liable for injuries you experience on their property, but liability depends on a theory called “premises liability.”

If you or a loved one was injured due to a hazardous or unsafe condition on another’s property, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What is Premises Liability?

A person who opens up a building or property to the public must keep it reasonably safe. Landowners and landlords have a duty to protect visitors from harm on their property reasonably. If their construction or maintenance of their property is not reasonable and that failure results in an injury, they may be held legally liable for all injuries incurred by the visitor. Damages routinely include pain and suffering, compensation for medical bills and loss of wages, as well as damages suffered by family members such as loss of consortium.

How Does a Premises Liability Case Work?

At its core, a premises liability case relies on the notion that a building or property was unreasonably unsafe. The inverse of that argument is that the injured person must not themselves be to blame for their injuries. Finally, the injuries must be caused by the incident and cannot be preexisting.

Imagine that a person was injured due to a slip on an icy spot on a sidewalk leading into a supermarket. The injured person would have to show that the supermarket’s maintenance of the sidewalk was unreasonable and that a reasonable supermarket would have kept that spot ice-free. However, if the supermarket can show in response that there was a sign warning about icy spots, that the person was under the influence of alcohol at the time he slipped, and that the person was distracted by a conversation on his phone, the supermarket may be able to show that the injured person’s behavior was actually more of a cause of their injury than the ice. That back and forth comparison is called “comparative negligence” analysis, and the injured party must show that they were less than 50% at fault. In Mississippi, just because the plaintiff—the injured party—is partially at fault does not mean that they cannot recover for their injuries. In the example above, the injured party’s recovery would be proportionate to their degree of fault. Given the facts above, they may recover little or nothing.

Similarly, the injured party must show that the premises were the cause of the claimed injuries. For example, if the slip and fall in the above hypothetical case resulted in a broken leg, that would be a pretty clear-cut result. Of course, that assumes that the person who fell did not already have a broken leg when they walked up to the icy sidewalk. While that is a fairly clear example, back injuries, head injuries, and other strains and sprains are not as easily connected to a specific event. For example, a person’s back may be injured after a slip and fall, but the fall in question may have only aggravated a serious preexisting condition. The same is true for head injuries, which may be caused by a lifetime of sports-related trauma, only to be exacerbated by a fall. In those cases, proving that the symptoms you seek to be compensated for are caused by a specific incident can be quite challenging. A tremendous amount of time is often spent working with medical experts, who can help distinguish preexisting injuries from those caused by unsafe premises.

What Should You Do If You or a Loved One Has Been Injured on Another’s Property?

If you or a loved one was injured due to an unsafe condition on another’s property and suffered subsequent injury, you may have a viable premises liability claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the opposing party’s attorney.  These are important tasks that a personal injury attorney can handle for you.

Call the seasoned Mississippi Personal Injury Attorney at Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains: How the Doctor-Patient Relationship Affects Medical Malpractice Claims

If you have sought treatment here in Mississippi for any serious medical condition lately, you know that you are not simply being cared for by a single doctor. Because of the complexity of modern medicine and the specialization of medical care, you were probably poked and prodded and reviewed by a host of medical professionals. Which one of those medical professionals “treated” you? That is a key question if an error occurs that harms you, as a to establish medical negligence or malpractice claim, a doctor-patient relationship must exist. It is often difficult to determine who made the medical error that resulted in your injury, and then a second inquiry must be made as to whether a doctor-patient relationship existed.

If you were injured or a loved one was injured or killed as a result of medical care, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

A Hospital Hypothetical

Imagine your spouse go to the emergency room for gastrointestinal problems that are causing severe heartburn. The emergency room physician that treats her thinks she may have an ulcer but is not sure. She provides her prognosis to a gastroenterologist on staff, who confirms that your wife’s symptoms likely are an ulcer and to treat them accordingly. Several weeks later, when your wife’s conditions do not improve, further testing reveals that she has stomach cancer. As a result of the delay, your wife’s cancer spreads, requiring extensive treatment, expense, and loss of work. Who is to blame for that misdiagnosis?

Why the Doctor-Patient Relationship is Important to Malpractice Claims

To prove negligence or malpractice several steps, or elements, must be shown:

(a)    First, there must be a doctor-patient relationship;

(b)    Second, the doctor must meet a reasonable standard of care under the circumstances;

(c)    Third, the doctor’s failure must cause harm.

You cannot prove negligence without all three elements. Accordingly, determining whether there was a doctor-patient relationship in (a) is critical to having any case at all. Generally speaking, a doctor-patient privilege is created when a physician takes responsibility for a patient’s care. It generally does not exist when a doctor simply provides information or an informal consultation regarding another doctor’s patient. So in the above scenario, the emergency room doctor would have a doctor-patient relationship with your hypothetical injured wife, but the gastroenterologist whom she consulted likely would not.

The “standard of care” in (b) above is much higher for a gastroenterologist than it is for an emergency room doctor; as a result, it is harder to show that the emergency room doctor violated the standard of care if the error in diagnosis is so subtle than an emergency room doctor would not be expected to diagnosis it. On the other hand, a gastroenterologist may be expected to make that diagnosis given his or her specialized training. Therefore, the viability of your negligence claim may depend on establishing that the gastroenterologist had a doctor-patient relationship with you in addition to the emergency room doctor.

What Should You Do If You or a Loved One Has Been Injured?

If you or a loved one was injured or killed as a result of a medical error, you may have a malpractice claim. Let the seasoned Mississippi Personal Injury Attorney take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s attorneys. These are important tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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Experienced Mississippi Personal Injury Attorney Explains: The Emergency Medical Treatment and Active Labor Act

It is sad that many people in the United States cannot afford reasonable access to health care. This problem is pervasive and is especially problematic here in Mississippi. Sadly, the emergency room becomes the primary-care physician for many people. And if you think back to the 1980’s, there was a persistent healthcare nightmare depicted on the nightly news—individuals desperately in need of medical care being refused service at private hospitals and being transferred or “dumped” on publicly funded medical facilities with no capacity. In 1986, this practice became illegal in the United States when Congress passed the Emergency Medical Treatment and Active Labor Act or EMTALA. The EMTALA guarantees people emergency medical treatment if they need it, regardless of their ability to pay.

If you or a loved one was removed from a private medical center when you needed emergency care or were in labor, you may have a claim under the EMTALA, especially if you were harmed as a result of the transfer or delay in treatment.  Similarly, if you reported this conduct and were retaliated against by your hospital, you may also have a claim. If you think you may have a claim under the EMTALA, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What are EMTALA’s Requirements for Hospitals?

The EMTALA only applies to hospitals with an emergency department, so it will not apply if you were simply refused service at a specialty medical center or any other medical center lacking an emergency medicine department, as the law only applies to “emergency medical conditions.” Under the EMTALA, a qualifying hospital must:

  • Provide necessary screening and stabilization to anyone seeks treatment for an emergency medical condition or is in labor;
  • Provide an appropriate transfer to an appropriate hospital that has the capacity to treat the patient if the patient requests the transfer or the treating hospital lacks capacity;
  • Not delay treatment or examination simply to investigate a patient’s ability to pay;
  • Accept transfers from other hospitals if the transferred patient is in need of a specialty that the receiving hospital has a specialty in providing and capacity to provide treatment;
  • Obtain written documentation of a patient’s refusal of examination, treatment, or transfer;
  • Not retaliate against medical personnel who enforce EMTALA or report a violation of it.

What is a Qualifying “Emergency Medical Condition” Under the EMTALA?

An “emergency medical condition” is a situation that places the patient’s health in jeopardy, which means impairment of bodily functions or danger to any organ or body part. It also includes jeopardy to an unborn child.

If a patient is suffering from an emergency medical condition, they must be admitted, screened, and stabilized. If that hospital has the capacity, they must be treated there. If they are transferred when from a hospital that can treat them, the hospital may be liable for an EMTALA violation.

What Should You Do If You or a Loved One Has Been Injured?

If you or a loved one was transferred from a hospital for financial reasons and suffered subsequent injury, you may have a viable claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s insurance company. These are important tasks that a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a medical injury. Contact us now at (601) 790-1505.

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Experienced Mississippi Whistleblower Lawyer Provides a False Claims Act Overview

Clients here in Mississippi often come to me with questions about becoming a whistleblower. But what is a whistleblower? “Whistleblower” is a general term for a private citizen who wants to alert the government to fraudulent acts committed against the government. In return for taking the substantial risks involved with exposing that fraud, the whistleblower may receive a significant percentage of any funds the government recovers. Whistleblowers frequently recover millions of dollars, and these significant payments often catch folks’ attention and imagination.

The Federal False Claims Act

The Federal False Claims Act (31 U.S.C. §§ 3729-3733) is a law that penalizes individuals and companies that are convicted of defrauding the government. Most of the cases I see are filed under the False Claims Act. It is not a new law and was created during the Civil War to root out companies that were taking financial advantage of the war effort.

How Does the False Claims Act Work?

A private citizen that becomes of fraud and files a False Claims Act claim is technically called a “relator.” From a layperson’s perspective, a “relator” is the same thing as a “whistleblower.” A relator can bring many types of claims, but the most common are for overcharging the government for goods or services, falsely claiming that the products or services meet certain prescribed specifications, or improperly concealing government overpayments. These claims arise in a wide variety of fields, but are especially prevalent in defense contracting, government construction contracting, health care fraud, and fraudulently attaining government loans.

Once a whistleblower’s claim is filed with the federal government, several factors come into play. To have any hope of receiving a reward, your claim must be the first regarding the fraud in question; a second claim for the same conduct will receive nothing. Second, the facts alleged must describe with accuracy significant fraud against the government. Finally, the allegations must allege a serious financial loss. The federal government receives thousands of False Claims Act allegations every year from would-be whistleblowers, but only acts on a few. Having experienced whistleblower counsel by your side is crucial to make sure that your allegations stand out.

A whistleblower’s allegations are usually filed secretly, under seal. But if the government accepts the allegations for prosecution, the allegations will be unsealed, revealing the whistleblower’s identity. This can be a fraught process, as your associates or employer may now know that you are accusing them of fraud, but every whistleblower should be aware that retaliation is also prohibited under the False Claims Act, and that retaliation carries significant monetary penalties as well.

A successful prosecution results in 15% to 30% of recovered funds going to the whistleblower. Because these cases frequently recover many millions of dollars, that recovery may be tremendous.

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

Do you know about fraud or other serious financial misconduct occurring in the government context? Are you considering filing a whistleblower case? To protect your career and family and to attain your compensation, you will require the help of an experienced whistleblower attorney. Because whistleblower programs receive thousands of tips each year, they can only act on a small percentage. If you are going to risk your career, relationships, and livelihood, you want to make your work count.

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

Experienced Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful False Claims Act case. 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 Describes How to Strengthen Your Personal Injury Case

I sometimes meet clients who failed to attain legal advice regarding a life-altering injury. These folks lost so much due to their injury, yet simple mistakes kept them from being compensated. A simple mistake can mean the loss of your home and financial ruin for your family. I wrote the following blog post to help individuals and families avoid costly mistakes.

If you have been injured, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Four Steps You Can Take to Protect Your Personal Injury Claim

Do Not Admit Apologize or Admit Fault—It may seem civilized to apologize for an accident, even when the accident is not your fault. The truth is, it is challenging to know who caused an accident, so any apology is premature. Worse yet, your apology or admission will be used against you by opposing counsel. Instead of admitting fault, ask anyone else involved in the accident if they are alright and only relate the facts as you saw them to law enforcement.

Seek Medical Attention Immediately—It is vital that you seek medical care for your injury immediately upon being injured. First, you want to make sure that you are not injured. Second, even if you feel unhurt, you are likely in shock and are unable to assess yourself accurately. Finally, and perhaps most importantly, even if you feel alright, it is essential to have a physician perform an exam. Many times, serious injuries do not arise until later, and if you wait to seek medical attention until then, there will be no “baseline” of your physical condition. The problem with not having a baseline is that opposing counsel will claim that your injuries arose as a result of an unrelated incident that occurred after the accident in question.

Once you see a physician, follow his or her orders precisely. If you fail to follow your doctor’s instructions, that failure will be used against you as an explanation for your injuries.

Save All Documents and Evidence—Once you are home from your medical examination, begin saving all documents, pictures, and bills related to your injury. Every record will be critical to either proving your injury or calculating the compensation you are due. Another focus should be organization; while it is possible to keep all of these documents in a box, it is not advisable. Instead, digitally scan and save each document into an electronic file. Also keep a paper record in a carefully organized binder with different sections for accident information, injury details, insurance company correspondence, and bills.

Keep Off Social Media—People love to post their trials and tribulations on social media. While fun, these posts can ruin your case. You may feel better after weeks of pain. If you post, “finally, I feel like my old self again!” An opposing attorney will argue that you are not due for any medical treatment or pain and suffering after that post. That may be the case even if your pain lingers for another year or two.

What Should You Do If You or a Loved One Has Been Injured?

If you or a loved one was injured, you might have a viable claim for compensation for your injuries, loss of work, and other harm. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your opposing attorneys. These are essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (601) 790-1505.

 

 

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