Experienced Mississippi BP Oil Spill Attorney Provides an Overview of Suit Filing Process

While there has been a settlement in many of the BP Oil Spill cases, there is still no end in sight to litigation and compensation for those affected by the spill.  The first question people ask me when we start discussing Spill settlements is, “what is the process for getting paid for the harm my family and I have suffered?” To answer this question, and the many others that stem from it, I wrote the following blog.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? 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.

BP is Not Done Paying Out Oil Spill-Related Claims

If the BP Oil Spill injured you or caused you physical, emotional, or economic damages, you are due financial compensation for those injuries. BP and its subsidiaries settled their case with the federal government and Gulf states, agreeing to pay for removal of oil from the Gulf, treatment of medical issues arising from the spill and its cleanup, business profit lost due to oil in the Gulf environment, and other damages. To attain your fair share of compensation, you will need the help of an experienced oil spill attorney and will need to follow the following steps.

Step One—Your first step is to submit evidence of a medical condition, business loss, or any other damages to the claim fund’s administrator.  This submission must contain all evidence supporting your case, damages, and reasons that you deserve compensation now. I have done this sort of submission for clients and can help you determine what needs to be submitted.

Step Two—Submit a notice of intent to sue.  This submission triggers your inclusion as a plaintiff in the legal claims against BP and its subsidiaries. Again, can prepare this document for you.

Step Three—Decide whether you would like to engage in mediation or not.  Mediation is the opportunity for the parties in a lawsuit to sit down and try to settle claims without going to court.  You are under no obligation to mediate your case, but you must decide whether or not this is an option you will elect to try. I can help provide you with the pros and cons to mediation and will help you regardless of your decision.

Step Four—You may have to request a “notice of review” if the claim administrator denied your initial claim.

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 are due compensation for your losses. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. You may also be able to submit a new application if your earlier attempts were unsuccessful. Don’t let rumors and misleading information get in the way of attaining compensation—the exclusive way to fully understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

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 Whistleblower Lawyer Compares the IRS Whistleblower Law to the False Claims Act

We are all starting to gather documents and receipts in preparation for tax season. We have all heard stories of corporations that pay “no taxes” or friends that claim to have found loopholes that allow them to avoid taxes. The first question I ask when I hear this is, “is what they are describing legal?” As a whistleblower attorney, the second question I ask is, “if it is not legal, what sort of reward can my clients receive for exposing that fraud?” Historically, the False Claims Act, which rewards whistleblower for exposing fraud against the United States government and for retaliation based on that exposure, has excluded claims based on individuals’ underpayment or failure to pay taxes. However, Congress created an Internal Revenue Service whistleblower law in 2006 that allows private individuals to become whistleblowers.

If you are considering becoming an IRS whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

The IRS Whistleblower Program

As of 2006, the IRS Whistleblower law set up a rewards program for private individuals who are aware of tax underpayments and violations of internal revenue laws. Again, this was significant changes, as the False Claims Act prohibited tax whistleblowing regarding violations of the Internal Revenue Code. Like the False Claims Act, whistleblowers who are reporting fraud allegations can receive an award of between 15% to 30% of penalties that the government recovers.

There are significant differences between the False Claims Act and the IRS Whistleblower Law, however. Under the IRS Whistleblower Law, whistleblower reports are handled by the IRS Whistleblower Office, and disputes may be appealed to the Tax Court. This is a significant difference from the False Claims Act, where a whistleblower action must be filed as a legal claim in federal court, where the U.S. Department of Justice then prosecutes it.

Another significant difference between the two laws is that the IRS Whistleblower Law has a minimum violation threshold requirement, while the False Claims Act can be brought against fraud of any amount. The IRS Whistleblower Law only applies in cases of individual taxpayers to only those individuals with a gross income above $200,000 for the relevant taxable year and when the penalties connected to the dispute exceed $2 million. That is a significant threshold, so you will not be able to be a whistleblower just because you are aware your brother-in-law claimed his beer-strewn mancave as a home office tax deduction.

What Should You Do if You are Considering an IRS Whistleblower Claim?

Are you considering filing a whistleblower case regarding underpayment or nonpayment of taxes the IRS?  The reward for submitting a successful claim can be significant, 15% to 30% of any amount recovered by the government, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The IRS Whistleblower Office receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful IRS whistleblower case. 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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Experienced Mississippi Whistleblower Attorney Discusses Securities and Exchange Commission Claims

Currently, in the United States, we are witnessing a debate regarding the role banks and financial institutions should play in our individual lives and on a national level. There are many reasons this conversation is occurring, including the financial crisis of 2008, banks that are “too big to fail,” and the subprime mortgage crisis that sent ripples through the world economy. There is a lot of room for debate about what amount of risks bank and financial institutions should be able to take, but I believe we can all agree that there is no place for fraud in the financial world.  If you are aware of fraud occurring in the financial services industry, you may be able to become a Securities and Exchange Commission (SEC) whistleblower.  I will describe this program in detail below.

If you are considering becoming an SEC whistleblower, or any other type of whistleblower, here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the guidance you require.

 Securities and Exchange Whistleblowers

Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010 (Dodd-Frank), which overhauled finance and securities law and created an effective whistleblower program for those who are aware of fraud and other criminal conduct. I say “effective” because the Sarbanes-Oxley Act of 2002 already created a whistleblower program for this industry, but it lacked Dodd-Frank’s teeth.

There are many ways that Dodd-Frank improved upon Sarbanes-Oxley and even the False Claims Act.  First, under Dodd-Frank, whistleblowers may remain anonymous up until receiving their award. This is even broader than the False Claims Act, which reveals whistleblowers’ names once a prosecution commences.  But like the False Claims Act, Dodd-Frank whistleblowers may receive 10% to 30% of whatever penalty is collected as a result of a prosecution resulting in penalties of over $1 million.

Second, SEC whistleblowers are under no obligation to file their claims.  This is quite different from the False Claims Act, which usually requires a suit to be filed.  Instead, the whistleblower submits his or her complaint to the SEC. The SEC investigates and decides whether the agency will bring an enforcement action.

Third, if the SEC decides not to bring an enforcement action, that decision may be appealed to the appropriate United States Court of Appeals.

Like the False Claims Act, Dodd-Frank also prohibits any retaliation against the whistleblower, including investigations or other employment actions such as discipline or termination. If an employer engages in retaliation, the whistleblower can bring a separate retaliation claim in federal court. If you have been retaliated against by your employer for being a whistleblower, you can receive double back pay and all litigation costs.

What Should You Do if You are Considering an SEC Whistleblower Claim?

Are you considering filing an SEC whistleblower case regarding fraud occurring in the financial services industry?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The SEC receives thousands of potential whistleblower claims each year and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful SEC whistleblower case. 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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Experienced Mississippi Whistleblower Lawyer Discusses New U.S. Attorney General William Barr’s Effect on Whistleblower Cases

The United States has a new Attorney General, William Barr. After eroding former U.S. AG Jeff Session’s authority to the point that he was more the butt of a joke than the nation’s top law enforcement official, President Trump nominated Barr, President George H.W. Bush’s former AG. Barr was confirmed in January, meaning that he now has the job.

You may be wondering why I am focusing so closely on Barr. Remember that whistleblower cases, whether they are filed under the False Claims Act, the IRS Whistleblower Law, or Dodd-Frank are all creatures of federal law. In particular, the False Claims Act, a 150-year-old law written to prevent war profiteering, must be prosecuted by the U.S. Department of Justice. Barr is now the head of that department. In the past, when he was an Assistant U.S. Attorney General, Barr argued that the False Claims Act’s whistleblower provisions were unconstitutional and called them an “abomination.” That is deeply troubling, given the tremendous amount of fraud that the False Claims Act has prevented and caught since the Civil War.

If you live in Mississippi and are aware of fraud occurring against the federal government, you should consider becoming a whistleblower. To attain the advice you will need to meet success, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (601) 790-1505 to attain the required guidance.

Why Barr’s Appointment is Troublesome

Back in 1989, then Assistant AG Barr wrote a substantial memorandum arguing that the False Claims Act’s whistleblower provision unconstitutional. In his memo, Barr argued that the DOJ should push the courts to invalidate it. This was an internal memorandum, but it eventually leaked to the press in 1993.  Perhaps most disturbing is his argument that whistleblowers were “inter¬ested only in money, not in the faithful execution of the laws.” That is an extremely troubling sentiment, as whistleblowers take tremendous risks to expose violations of the law. Accordingly, to characterize them as the villain is to distort reality completely.

The reality is that the U.S. Department of Justice acts as a check on any illegitimate False Claims Act case. These cases are routinely taken over by the DOJ once a whistleblower files them and the agency has the power to dismiss claims outright. In fact, the DOJ just urged the federal courts to dismiss over a dozen allegedly fraudulent whistleblower cases, aptly demonstrating their ability to separate the legitimate from the illegitimate cases. Finally, authority to review and approve whistleblower settlements rests with the DOJ, preventing any unjust enrichment of whistleblowers.

In his confirmation hearing, AG Barr stated under oath that he would take no action as AG to undermine U.S. whistleblower laws. I will take him at his word. Regardless, the years that have followed his arguments against the False Claim Act’s whistleblower provision have only seen the law strengthened. Courts have reviewed several challenges to the constitutionality of the whistleblower provision, and all have found it to be constitutional, including the U.S. Supreme Court. Because law is built on precedent—each court decision must be based on those that came before it—I am confident, regardless of what any AG says, that the False Claims Act’s whistleblower provisions are here to stay.

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

Are you considering filing a whistleblower case regarding falsification of government contracts or services?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but you will only reap this sort of award with the help of an experienced whistleblower attorney. The United States Department of Justice gets thousands of potential whistleblower claims each year, and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. 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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Experienced Mississippi Personal Injury Attorney Discusses Nursing Home Abuse and Neglect

There are several factors currently combining to create a nursing home crisis in the United States. First, with the baby boomers now well into their 60’s and 70’s, there are more people than ever using assisted care facilities. Second, with low unemployment and increasingly tight immigration controls on talented Salvadoran and Haitian immigrants that have long staffed nursing homes, the employment pool for traditional nursing home staff has never been smaller. As a result, I have noticed an increase in nursing home abuse and neglect cases here in Mississippi. When loved ones come into my office asking whether they have a strong abuse or neglect case, I usually go over a couple of questions to shed light on the situation, which I detailed in the blog post below.

If a loved one was injured as a result of nursing home abuse or negligence, one thing is critical to know—you will need to have experienced counsel help you attain your fair of compensation for physical harm, emotional harm, financial loss and death.  Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What are the Key Components of a Nursing Home Abuse and Neglect Case?

Is it Really a Nursing Home?

The first question I ask clients is whether their loved one was in a licensed nursing home. I am specifically interested in whether the business in question was licensed, was full time live-in, and had paid nursing staff on site. Often people initially tell me that their loved one was in a “nursing home,” but after further questioning, it comes out that the loved one was actually staying with a relative that has some elderly people renting out rooms and receiving meals. There is a significant legal difference between the two. To be negligent, a person must have a legal duty to the injured person and must have violated that duty, giving rise to the injury in question.  The duty of a licensed nursing home to protect and keep your loved one in good health is much higher than the duty of an unlicensed home where your loved one pays rent and receives some meals.

Did the Nursing Home Breach its Duty to Your Loved One?

One unfortunate reality is that a significant number of people are injured and die in nursing homes. But very few of those injuries and deaths result in an actionable negligence case for abuse or neglect. In reality, seniors are often unstable and fall. Many people die in nursing homes because their time was up. To be an actionable claim, the nursing home must have violated its duty by failing to provide your loved one with a clean and safe environment, or by committing physical or mental abuse. Being injured is not alone sufficient; instead, with the help of an experienced personal injury attorney, you must be able to show that that the injury or death in question arose from the breach of the nursing home’s duty to your loved one.

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

If you or a loved one was injured as a result of abuse or neglect at a nursing home, you are entitled to compensation for your injuries and may have a viable negligence claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the nursing home’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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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Experienced Mississippi Personal Injury Attorney Describes How to Avoid Common Mistakes in the Workers’ Compensation Process

Workplace injuries are common here in Mississippi. Too often, unfortunately, people misunderstand the way the workers’ compensation process works and unwittingly deny themselves benefits that they deserve. The first mistake people make is not getting in touch with an attorney experienced in Mississippi workers’ compensation law. Because I so frequently see this sort of mistake, and others, I have written the following blog post to describe common mistakes people make in the workers’ compensation process.

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.

How to Avoid Common Mistakes in the Workers’ Compensation Claims Process

Failing to report your injury promptly is the most common mistake I see. Employees sometimes believe that they are going to get in some trouble for being injured. Other employees feel that because their own negligence or recklessness caused their injury, they will be disciplined for becoming injured. These instincts are wrong. You should immediately report all injuries.  If you delay, doubt creeps into the process as well as a suspicion that you are making a workers’ compensation claim for a preexisting or injury.  Reporting your injury as soon as it happens means that no such doubt can exist. Also, remember that you are due compensation for your injuries even if your recklessness or negligence caused them.

Make your report to your employer in writing.  While you may be in too much pain to file a written report immediately, follow-up with a written statement within 24 hours referencing your initial, oral report of the incident.  You do not want there to be any question regarding when and where you were injured, and an oral statement is not sufficient to rely on long after memories have faded.

If you do not immediately report your injury, you still need to report it within 30 days of the occurrence.  After 30 days, your claim may be denied as untimely. Additionally, strictly adhere to any workplace policies regarding workers’ compensation reporting.

Seek medical treatment and assessment immediately, even if you do not feel that anything is wrong.  Again, you want to position yourself so that no one can claim that your workers’ compensation claim is a false, retroactive claim for an injury that was caused outside of work. The best way to document your injury is to have a physician perform a physical immediately after your injury occurs.  This also provides a baseline against which to compare any subsequent degradation in your physical condition.

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

You have a right to file a workers’ compensation claim if you were injured while on the job. That is true even if the injury is the result of your fault. Having If you or a loved one was injured or killed as a result of a medical error, you might have a malpractice claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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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Experienced Mississippi Personal Injury Attorney Explains What To Do After a Truck Accident

We all share Mississippi’s highways with big rigs, tractor-trailers, interstate trucks, eighteen-wheelers—they go by many different names, but we all know how it feels when one of these monsters rumbles by you.

If you or a loved one was injured as a result of an accident with an eighteen-wheeler, 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.

An Overview of Trucking Accidents

There are over 500,000 eighteen-wheeler accidents each year in the United States.  Sadly, because of these vehicles’ tremendous mass, their accidents trend toward catastrophic, especially when the accident involves a passenger vehicle.  Even the largest passenger car does not stand a chance when it is hit by an eighteen-wheeler, regardless of speed or the weight of the load in question.

Who Do Sue in a Trucking Accident Case?

One of the significant issues that separates a trucking case from a typical automobile accident case is the complexity involving the number of possible defendants. In a negligence case, it is essential to sue everyone who bears some responsibility for your injuries, and if you fail to include a party, the other named parties may evade or partially evade responsibility by claiming that the unnamed party was actually at fault. In a car accident, you usually just have to name the other driver in your suit.  However, in a trucking accident case, you will often want to sue the driver, the trucking company that hired the driver, the company that maintains the truck, and even the truck’s manufacturer. Each of these parties will then have their own attorney. Accordingly, you will need representation of an attorney that has an office set up to take on a substantial opponent.

Why Covers My Medical Costs and Loss of Wages While the Case Progresses?

Usually, your insurer will cover your medical costs and loss of wages when you are injured in an automobile accident.  However, that is not the case if you are involved in a collision with an eighteen-wheeler or any large vehicle over 6,500 lbs. In these cases, your insurer will usually seek compensation directly from the trucking company for payment while the case is pending.

What Sort of Insurance Coverage to Trucking Companies Carry?

The Federal Motor Carrier Safety Administration requires truckers to carry much more insurance than they would usually be needed to carry in Mississippi, depending upon the type of cargo they carry.  For example, an eighteen-wheeler carrying soccer balls is only mandated to have $750,000 in insurance. Compare that to a truck carrying a load of hazardous petrochemicals—it has to possess somewhere between $1 and $5 million in coverage, depending on the nature of the dangerous substance.

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 or killed as a result of a trucking accident, you are due compensation for your injuries, property damage, emotional trauma, and loss of work. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the trucking company’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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

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Experienced Mississippi Personal Injury Attorney Explains “Assumption of Risk”

Clients often come to my office after they or a loved one was injured. Sometimes they have been told that they have only themselves to blame, as they “assumed the risk” of whatever activity injured them. “Assumption of risk” is a legal term that has made its way into many people’s everyday vernacular. It is commonly used when a person wants to say that it is someone’s own fault that they were injured. But that is only half right. Because this term comes up so often in my practice, I thought I would give it some specific attention in a blog post.

If you or a loved one was injured or killed as a result of another’s negligence, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income, emotional trauma, and injury. Barrett Law has the experience to help you if you, contact us now at (601) 790-1505.

What is “Assumption of Risk?”

We live in a society enthralled by risk-taking and eager to place blame when risk results in injury. “Assumption of risk” is a legal term that tries to balance that contradiction. Water parks are a good example—when people follow the rules at water parks, they are usually a fun time on a hot day.  But sometimes people do get injured at water parks, and the park is often quick to say that they cannot be negligent because the injured person “assumed the risk” posed by the park. That may or may not be true. “Assumption of risk” is a legal term that means that when a person knowingly decides to enter a risky situation, he or she accepts the risks posed by that decision.  The classic example is the person who goes to a hockey game assumes the risk that he or she may get hit by a puck.

But assumption of the risk is not always so straightforward and usually hinges on how “knowingly” a person entered the situation and how apparent the risk was.  For example, if you go to a waterpark, you likely assume the risk that you may get kicked in the face by someone landing in the water on top of you.  Similarly, if you choose to leap out of the park’s slide while everyone else chose sliding down it, you assumed the risk of hitting the pavement under the slide. That said, you likely did not assume the risk that the water slide’s water would turn off, causing you severe abrasions. In short, a consumer can only assume the risks that he or she would reasonably be aware of upon entering a property, and if the hazard that injured you was not one that was notorious, advertised, or well-known, it will be difficult to claim that you assumed it. Assumption of risk is almost always used as a defense in negligence cases. But is fact-specific and is often shown to be inapplicable when the risk in question was one that the injured person could not have anticipated.

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 hazard on a third party’s property, you might have a negligence claim for your injuries, loss of work, and emotional trauma. Don’t let anyone tell you that you “assumed the risk” of whatever caused your injuries until you have spoken with an experienced personal injury attorney.

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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Experienced Mississippi Personal Injury Attorney Explains When a School May Liable for a Student’s Injuries

We trust our children’s schools here in Mississippi to provide them with an education and keep them safe. What happens when a child is injured while at school, either by another child, a teacher, a third party, or the school premises? The answer is that it depends on the facts of the case, but that the basic tenets of negligence apply. In the following blog post, I will describe how school liability works and how schools are different than other businesses.

 

If your child was injured as a result of his or her school’s negligence, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for his or her injury and recovery. Barrett Law has the experience to help you if you or a loved one has been injured.  Contact us now at (601) 790-1505.

Negligence in the School Setting

Regardless of the setting, schools are generally charged with keeping children safe. This is true in all school programs, including field trips and off-campus events sponsored by the school. That said, schools are not charged with keeping all children accident-free at all times—that is an impossible standard to meet. Instead, schools must exhibit a reasonable standard of care to keep children safe.  That is a broad standard, which results in most cases being fact specific.

Imagine a teacher takes a 12-student class on a study abroad trip to Venezuela. Once there, she ignores U.S. State Department warnings and travels to a dangerous part of the country where the children are subsequently robbed, held against their will for a short period of time, and seriously scared before being released.  Upon returning home, the children continue to experience anxiety and distractedness due to their harrowing experience.  What, if anything, are they due? In this scenario, I would argue that the teacher had a duty to keep the children reasonably safe.  Getting robbed and held against your will could happen in any country, so that unfortunate occurrence does not itself trigger negligence.  However, in this scenario the critical fact is that she ignored a U.S. State Department warning—the particular danger that the students encountered was reasonably avoidable. That is the negligence standard for schools, was the harm experienced by a student reasonably avoidable by meeting a recognized standard?  I could have written similar examples with a homeless person wandering in through an unlocked door and assaulting a child or a teacher with several DUI’s getting in an accident while driving a team bus.  Each of these incidents was avoidable by meeting a reasonable safety standard.

The above examples would apply to either a private or public school. Sovereign immunity—the ability of the state to avoid liability—will complicate a suit against a public school, but this is a surmountable problem. The first step to attaining compensation for your child’s injuries is to contact an experienced personal injury attorney.

What Should You Do If Your Child Has Been Injured at School?

If your child was injured at school or during a school program, you should be compensated for medical costs, counselling, and other expenses.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the school’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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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Experienced Mississippi Personal Injury Attorney Explains Liability for Sports Leagues

Playing sports as a child or adult is one of life’s most precious experiences. I have seen countless children here in Mississippi grow into respectful members of the community because of the lessons learned on the playing field or court.  But what happens when the experience is not positive because of a severe injury or death?  These cases are rare but heartbreaking. While injuries are a normal part of athletics, some severe injuries and death are avoidable with adequate policies and equipment in place. What happens when a sports league fails to put sufficient safeguards in place to protect participants?  The courts have found that sports leagues can be liable if they fail to take adequate precautions to protect participants.

If you or a loved one was injured while playing in a sports league, 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.

Understanding How Sports Leagues Can Be Liable for Injuries

Sports are inherently risky and almost always result in some injury. Generally speaking, when a person participates in a sport, they “assume the risk” of participating in that sport. “Assumption of risk” is a legal term that means that when a person knowingly decides to enter a risky situation, he or she accepts the risks posed by that decision.  The classic example is the person who plays hockey assumes the risk that he or she may fall on the ice and get hurt.

Increasingly though, I am seeing more cases where adult and children’s sports leagues are being held liable for injuries that occur in the course of the game. But what differentiates this type of liability from ordinary cases where a person assumes the risk? In short, if a league fails to reasonably protect participants from known risks by implementing and enforcing safety rules, it can be held responsible for injuries that arise.

This issue has been highlighted in the context of sports-related concussions. People have been receiving concussions from sports as long as people have been playing sports. Historically, athletes were told to “shake it off” when they “got their bell rung” in a game or practice. Now, however, medical evidence has clearly demonstrated that even minor concussions can result in significant brain injuries over time.  As a result, every sports league in the country has developed a multi-step “concussion protocol” that must be followed before an athlete can return to physical activity. Using concussions as an example, if a league failed to have a concussion protocol, sent a child back into a game after she took a severe blow to the head and felt nauseous, and the child then developed brain damage, the league may be liable for failing to meet the standard of care to protect the child.  A similar argument could be made for a field hockey league that did not mandate eye protection, a football league that had old or insufficient helmets, or any other sports league that ignores current safety standards.

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

If you or a loved one was injured while playing organized, you might have a negligence claim. The strength of the claim will depend on the factors listed above, but you will need to speak with experienced counsel to assess how these factors align with your facts. Once a claim is filed, let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the sports league’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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

 

 

 

 

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