Experienced Mississippi Whistleblower Attorney Discusses Whistleblower Claims by Government Contractors

I have frequently discussed on this blog how the False Claims Act aims to prevent companies working for the federal government from providing inferior goods, overcharging, charging for work not performed, and providing kickbacks. If a whistleblower comes forward and reports occurrences of this sort of illegal behavior, the False Claims Act also provides explicit protection to them in the form of significant fines, double back pay, and other penalties for any retaliatory acts. One question that sometimes arises, however, is who can be a whistleblower. I wrote this blog post to cover a common question, specifically, whether a company can be a whistleblower.

If you are considering becoming a 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.

Can a Subcontracting Company Be a Whistleblower Under the False Claims Act?

In 2009, the U.S. Congress made updates to the False Claims Act to include “contractors” and “agents” to the list of parties that can make a whistleblower claim under the False Claims Act.  The question arising from these changes was what do “contractor” and “agent” mean? A recent federal court case suggests that a corporation can be a whistleblower as well, not just an individual.

In this case, Munson Hardisty LLC v. Legacy Pointe Apartments, Munson Hardisty—a corporation and subcontractor of Legacy Pointe—exposed that Legacy Pointe was defrauding the U.S. Department of Housing and Urban Development (HUD). Specifically, Legacy Pointe reorganized its corporation and corporate filing so that it could apply for HUD financing for a construction project. Previously, Legacy Pointe had been barred from applying for HUD financing.  Munson Hardisty withdrew as a partner in the enterprise when it learned of Legacy Pointe’s malfeasance. In retaliation, Legacy Pointe refused to pay Munson Hardisty for over $2 million in work performed. Munson Hardisty sued as a whistleblower, claiming that the False Claims Acts retaliation protections should cover it.  The federal court agreed with Munson Hardisty, holding that the corporation fell within the precise meaning of the word “contractor” even though it was not a person doing the contracting.  As a result, the court found that the retaliation provisions of the False Claims Act applied to Munson Hardisty as a corporation.  They received the money due to them plus costs and fees. I am sure this case will be appealed, and it will be interesting to see if the appellate courts uphold this holding.

This case represents a welcome expansion of the False Claims Act and is one that makes a lot of sense. The False Claims Act’s goal is to protect the federal government from fraudulent activities—it shouldn’t matter who or what reports the fraud.

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

Are you considering filing a whistleblower case regarding fraud occurring against the federal government?  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 U.S. Department of Justice 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 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 Discusses Federal Railroad Safety Act Whistleblower Law

The Federal Railroad Safety Act (FRSA) protects workers who report violations of federal railroad safety laws or refuse to work in dangerous conditions. I will describe this program in detail below, but in a nutshell, it protects employees from retaliation and provides rewards to those who report unsafe conditions.  A recent case bolstered FRSA whistleblowers’ rights, and I wanted to provide an overview of the court’s holding for my clients here in Mississippi.

If you are considering becoming an FRSA 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.

The Federal Railroad Safety Act

Congress created the FRSA to address ongoing concerns about railway safety and to combat systemic retaliation against railroad workers who reported safety violations. Under the FRSA, railroad workers can attain significant awards for reporting unsafe practices, along with front and back pay and reinstatement, and also receive protections for retaliation.

What Sort of Conduct is Protected Under the FRSA?

The FRSA protects employees who: File safety complaints under the FRSA; Cooperates with a safety or security investigation; Refuses to violate federal law or regulation related to railway safety; Accurately reports work hours; Provides information about any railway safety investigation.

To prove retaliation, all the FRSA whistleblower must do is show that his or her lawful, protected behavior was a “contributing factor” in the employer’s decision to take adverse employment action.  That means that there could be many factors that combined resulted in an employee’s discipline—he or she could have been late several times, could have missed a safety meeting, and also could have provided information to NTSB investigators.  So long as the employee’s giving information to NTSB was one factor in the employer’s decision-making regarding discipline, then the decision itself is retaliation. In short, one bad apple ruins the whole bunch.

Recently, the U.S. Ninth Circuit of Appeals upheld the “contributing factor” standard in a case, Frost v. BNSF Railway Co.  Frost filed a legitimate safety report but also had safety allegations leveled against him.  The employer BNSF argued that because it had an “honest belief” that Frost had violated safety rules regarding entering the tracks without appropriate clearance, it had the right to take adverse employment action against him.  The lower court agreed with BNSF.  On appeal, the Ninth Circuit held that the “contributing factor” test still applied and that it did not matter that BNSF also had concerns about his adherence to safety rules. Because his filing a safety report was a “contributing factor” to BNSF’s decision, adverse action against Frost was retaliatory. This is welcome news for FRSA whistleblowers, and I have attached the full Ninth Circuit Case below.

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

Have you been fired from or disciplined at your railroad job because of safety concerns you raised? The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered as a result of your report, reinstatement, back pay and front pay, and expenses, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. Careful pleading is key to this process and will require the assistance 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 FRSA 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 Worker’s Compensation Attorney Explains Skid Steer Accidents

One of the most common pieces of machinery that I see on Mississippi work sites is the skid steer, or, its brand name, the Bobcat. These small, practical pieces of machinery are ubiquitous on work sites because they can perform a wide variety of tasks and, unlike larger machines, are relatively easy to learn to use. But I say “relatively” because these machines are capable of tremendous damage, and I see clients who come in with skid steer injuries caused by rookie operators.  Because skid steer injuries are so common, I have written the following blog post to detail what you should do if you or a loved one is injured in a skid steer accident while on the job.

If a skid steer injured you or a loved one while at work, one thing is critical to know—you will need to have experienced worker’s compensation 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.

Skid Steer Safety Basics

Skids steers are lightweight, agile, and capable of lifting large loads; but those attributes become liabilities in the hands of an inexperienced operator.  The most common skid steer accidents involve other workers being entrapped within the skid steer’s mechanisms, run over, or being caught under tipped skid steers.  That is often because a novice operator is overly focused on loading or dumping the machine and is not sufficiently focused on his or her surroundings.  The following are basic rules for working with and around skid steers:

Never Use a Skid Steer to Transport People—while it may sound fun or easy to take a quick ride across a job site in a skid steer’s bucket, this is incredibly dangerous.  Skid steers can rock violently, throwing or crushing bucket passengers.

Never Leave a Skid Steer Running—it can be inconvenient to go through the startup process every time you get in or out of a skid steer.  However, many injuries stem from people climbing in or out of running machines and accidentally engaging its lifting arms or treads. If either happens, a person standing on the treads can be crushed by their movement or by a lifting arm that traps a finger or arm in between two pieces of metal.

Keep Clear of Skid Steers While They Are Operating—unlike a car, skid steers do not have rearview mirrors and have large blind spots. Give operators a wide birth.  Similarly, avoid working on slopes in skid steers and avoid them when they are working on an incline. While skid steers are agile climbers when they are climbing up a hill, they are prone to tipping if their treads are parallel or close to parallel with a slope.

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

If you or a loved one was injured on a worksite by a skid steer, you will need experienced personal injury counsel to help you through the Mississippi worker’s compensation process. Once a claim is filed, let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the worker’s compensation board. These are essential tasks that a personal injury attorney can handle for you while you heal and work to get back to work.

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

 

 

 

 

 

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Experienced Mississippi Whistleblower Attorney Discusses Federal Corrupt Practices Act Claims

I want to provide an overview of a recent appeal to come out of the Ninth Circuit Court of Appeals. The case Wadler v. Bio-Rad is an important decision because it underscores that in-house counsel, attorneys, compliance officers, and internal auditors are often the first to recognize illegal activities and can become whistleblowers.  Sanford Wadler, Bio-Rad’s former in-house counsel, won $11 million as a result of his whistleblowing under the Foreign Corrupt Practices Act, a judgment that was largely upheld by the court of appeals.  I have attached a link to the U.S. Department of Justice’s Foreign Corrupt Practices Act webpage below.

If you are considering becoming a Foreign Corrupt Practices Act 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.

The Foreign Corrupt Practices Act

The Foreign Corrupt Practice Act (FCPA) makes it illegal to pay kickbacks and bribes to foreign government officials in an attempt to curry favor and obtain business contracts. The FCPA makes it illegal to use any mail, phones, or internet to offer money or anything else to a foreign official to secure business. Importantly to our discussion below, the FCPA includes aggressive whistleblower protection provisions that prohibit any retaliation or adverse employment action against a person that raises concerns related to compliance with the FCPA.

The Bio-Rad Case

Sanford Wadler had worked for Bio-Rad for 25 years as an in-house counsel.  By all accounts, he was an exceptional employee, yet he was fired when he raised concerns that Bio-Rad employees in China were paying bribes to Chinese government officials in an effort to secure business. One thing to keep in mind regarding whistleblowing for in-house counsel and attorneys—the whistleblower provisions in the FCPA, the False Claims Act, and other whistleblower laws trump attorney-client privilege. This means that an attorney whistleblower can reveal client confidences as they pertain to efforts to defraud the government.

Mr. Wadler sued Bio-Rad under the FCPA’s whistleblower provision and was awarded $11 million because of the retaliation he suffered.  Bio-Rad appealed, but the Ninth Circuit court of appeals upheld almost the entire judgment and award. Mr. Wadler’s case took nearly five years to resolve, illustrating the difficult path most whistleblower cases have to resolution. That said, his reward was substantial, also demonstrating the significant compensation awaiting those willing to stick to their principles.

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

Are you aware of bribes being paid to foreign government officials in an effort to secure or keep business?  As the Bio-Rad case illustrates, attorneys and compliance officers can reveal corruption and reap substantial rewards as a result.  While the reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice 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 FCPA 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 Provides an Overview of How You Can Recover Financially for Workplace Injuries

Workplace injuries are universal, regardless of whether you work on a fishing boat, an oil rig, or in a cubicle.  As a result, all Mississippi employers must carry worker’s compensation insurance. Worker’s compensation insurance is a decent safety net if you suffer a minor or short-term workplace injury, but you should also know that you have other options for attaining your fair share of compensation if you experience more extensive injuries and deserve compensation for pain and suffering, loss of consortium, and other losses not covered by worker’s compensation. I am frequently asked about the pros and cons of various methods of attaining compensation for a work-related injury and created the following blog post to outline my general thoughts on each one.

If you have sustained a workplace injury, 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.

Workers’ Compensation – Workers’ compensation is a form of no-fault insurance most employers are required to carry by law. No-fault means that the worker does not have to prove whose fault caused the injury; in fact, worker’s compensation applies even when the employee caused his or her injury. Workers’ compensation provides benefits such as paid medical treatment, extra wages, and vocational rehabilitation to employees who suffer job-related injuries.  Although benefits are usually readily available, employees must meet certain deadlines for notifying their employers of injuries. If these deadlines are not met, the employer can deny the claim. As a result, having experienced workers’ compensation counsel help you through the process can be a significant advantage.

Product Liability Lawsuits – If a product in the workplace injured you, you may have a product liability claim.  To prove a product was liable for your injury, you will need to show that it was negligently designed, negligently manufactured, or was negligently marketed for the use that caused the harm.  This sort of case requires the help of skilled personal injury counsel, which is an area that I specialize in.

Social Security Disability (SSD) – If you are injured so severely at work that you permanently cannot return to any work, a Social Security Disability benefits case may be the best path forward. SSD benefits provide vital benefits for those workers who cannot work due to injuries; you should know, however, that the majority of initial SSD applications are denied. To receive SSD benefits on your first attempt, you will need the help of an experienced attorney. If you have applied already and have been denied, having counsel help you on your second application can mean the difference between success and failure.

Third Party Personal Injury Lawsuits – It usually tricky to for an employee to sue an employer for work-related injuries related to work, but employees may still have options to pursue compensation outside of the workers’ compensation system. This is most commonly true when a third party enters the workplace an injures an employee through negligence.  These types of claims are common when worksites have workers from multiple companies on-site, especially relating to auto accidents, oil and gas accidents, and accidents caused by negligent landowners. These cases can offer much broader compensation options than a traditional worker’s compensation claim.

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

If you or a loved one was injured in a workplace accident, you are due compensation for any time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. But finding the right type of claim that can make you most whole requires careful analysis and thoughtful legal advice.  Call me today to begin the conversation.

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

 

 

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Experienced Mississippi Personal Injury Attorney Explains What to Do if A Truck’s Loose Cargo Strikes You

Today I saw a truck pulled over on the side of the road, and a construction crew was picking up loose lumber that had spilled out all over the road.  That was an unfortunate incident for that crew, but it could have been a tragic accident if even one of those boards had struck an oncoming vehicle. If you drive Mississippi’s roads, you have likely seen other improperly secured cargo in the back of a truck or big rig and thought, “that guy is going to injure someone.” There are responsible long haul truckers who have with carefully strapped down loads and other trucks with their cargo unsecured and blowing out of the back of the truck behind them. Accidents stemming from loose cargo can be catastrophic, even deadly.

If you or a loved one were injured by loose truck cargo, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. The trucking company will have their aggressive attorneys, and you should have experienced counsel on your side as well. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

The Complexity of Loose Cargo Accidents

Loose cargo accidents are never straightforward and require the expert help of an experienced personal injury lawyer to prevent all of the parties involved from shirking their responsibility. The complexity lies in the potential number of parties that could be responsible for the object that fell off the truck and injured you or a loved one.  The most common accident type is when a truck carries a load that is insufficiently attached to the truck’s bed.  The load’s attachment may be sufficient when the truck is at rest or moving straight down a highway, but it may give way when the truck swerves abruptly to avoid an accident or some other obstacle.

A related, but different type of accident occurs when truck cargo breaks loose and blocks some part of the roadway, resulting in other cars swerving to avoid it. While this type of accident may not result in vehicles colliding with the truck’s cargo, the cargo was the proximate cause of the crash, meaning it triggered it.

In either of the above two accidents, it may seem obvious to you that the trucking company that was hauling the loads that broke loose is responsible for compensating you for your injuries and other damages. That may or may not be true.  Most trucking companies now hire independent contractors to drive their trucks. They hire other independent contractors to load their trucks.  Yet another group of contractors maintains the trucks. Trucking companies use these contractors to limit their liability, and they will likely blame them for any injuries caused by a breakaway load.  That creates two problems.  First, that means that you will need to sue the trucking company, the driver, the loading company, and every other contractor individually, which multiplies the expense and complexity of your lawsuit.  Second, the subcontracting companies usually have very little in the way of assets and will go bankrupt rather than pay out a claim.  So you will need an experienced personal injury lawyer on your side who knows how to attach liability to the trucking company itself successfully.  If you have less experienced counsel who hasn’t handled this sort of case many times, you may find yourself injured and uncompensated.

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

If you or a family member were injured by loose truck cargo, you deserve your fair share of compensation for the time you have been out of work, the costs of your treatment and rehabilitation, your pain and suffering, and other damages. You’ll need experienced personal injury counsel to take care of organizing your bills, attaining statements from expert witnesses, and dealing with the trucking company’s attorneys. These are critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.

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

 

 

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Experienced Mississippi Personal Injury Attorney Explains Why You Should Be Careful About What You Say to Your Doctor After an Accident

Usually, the phrase “everything you say may be used against you in a court of law” is brought up in the context of criminal law, not civil. But statements made to your medical provider after you have experienced a severe injury may come back to haunt you in court as well.  While I always want my clients to see a medical provider immediately following an accident and still want my clients to provide all medically-relevant information to their providers, I also want people to understand that statements can be taken out of context and undermine personal injury cases.

If you or a loved one was injured as a result of another’s negligence here in Mississippi, 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, contact us now at (601) 790-1505.

Your Doctor-Patient Privilege is Gone

Most people believe that anything they tell their physician is protected by the “doctor-patient privilege,” which means that the statements made to your physician cannot be disclosed to third parties.  That is normally true. However, if you have filed a personal injury claim for injuries caused by a third party, the third party’s attorneys can request or subpoena your medical records at any time. This means that they will have access to statements you have made to your physician and that those statements are not at all private.

For example, imagine that you were injured when a supermarket employee drove a forklift into you while you were walking across the supermarket’s parking lot, severely injuring your back.  Again, my advice would be for the injured party to attain medical attention immediately, even if he or she does not feel hurt, as this initial medical assessment will serve as a baseline if future injuries develop later. But in this case, imagine that the injured person’s back was severely injured, requiring months away from work and significant expenses. A personal injury claim would be appropriate in this case to recoup the injured party’s costs and to receive compensation for pain and suffering.

However, imagine that six months after the forklift accident, the victim is feeling better due to extensive physical therapy, long periods of rest, and careful attention to his injury. Also imagine that he goes in for a six-month checkup with his physician who asks, “how are you feeling?” If the injured party responds, “oh, I’m okay, but I’m always sore after a weekend of wrestling with my nieces and nephews,” the doctor may enter “patient’s ongoing back soreness is caused by wrestling with grandchildren” into the patient’s chart.  While that entry may seem innocuous, it will likely be raised as an argument months or years later by the plaintiff’s counsel as an argument why the plaintiff does not owe the defendant any compensation.  That off-the-cuff comment about wrestling may cost the plaintiff hundreds of thousands of dollars in compensation.

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 an accident, you might have a negligence claim for your injuries, loss of work, and emotional trauma. While I always advise clients to attain needed medical attention immediately after an accident, I also want my clients to be well-advised regarding what they should and should not say to their physician to best protect their future claims. If you have been injured in an accident, get expert legal advice immediately.

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 BP Oil Spill Lawyer Describes the Types of Medical Conditions Covered by the BP Oil Spill Settlement

If you have been reading articles or watching news reports related to the BP Deepwater Horizon Oil Spill, you know that there has been a settlement in many of the BP Oil Spill cases. That said, there is still no end in sight to litigation and compensation for many of those affected by the spill.  The first question people ask me when we start discussing Spill Settlements is, “what type of medical conditions are covered by the Settlement?” The quick answer is that any medical condition arising from exposure to oil or dispersants can be considered for compensation, but I have provided an overview of the most common conditions below. I wrote the following blog post to describe the types of medical conditions most frequently encountered in the compensation process.

Do you have a health condition arising from your contact with the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? You may be entitled to a portion of settlement funds. If you think your health condition entitles you to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in BP Oil Spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

Overview of BP Oil Spill-Related Medical Conditions

Overwhelming scientific evidence now suggests that people who came into any contact with oil and dispersants related to the BP Oil Spill are suffering a variety of medical conditions as a result.  This is not limited to those who came into direct contact with the oil and dispersants but also includes people who passively came into contact through air and water because of their relative proximity to the spill. One key to receiving compensation is to have documentation from a medical provider of your symptoms or condition.  If you have this sort of documentation, be sure to preserve it to provide to an experienced BP Oil Spill attorney.

The most frequently compensated conditions include sunstroke, chemical burns, asthma, rashes, respiratory problems, respiratory infections and sinus issues, pneumonia, and fainting or losing consciousness. The Spill Settlement also compensates affected people for non-specific symptoms such as skin infections, digestive system disorders, eye problems such as adnexa, heat rash and sunburn, general effects from inhaling toxins, allergic rhinitis and other unclassifiable symptoms. This is only a partial list, so do not give up just because you do not see your condition listed. Speak to an experienced BP Oil Spill attorney to understand your options.

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

If you were injured or developed one of the above health conditions as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you are due compensation for your medical costs, loss of work, and ongoing pain and suffering. 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 Personal Injury Attorney Explains Why Having an Experienced Attorney Seize Evidence is Vital to Your Case

When a severe automobile, construction, or any other kind of catastrophic accident occurs, it is vital that you have experienced counsel on your side that can seize evidence related to your case. Unfortunately, I have seen people here in Mississippi either hire an attorney too late or retain inexperienced counsel with tragic results—significant evidence is destroyed, degraded, or lost. If you have been injured in a serious accident, the defendant’s counsel wants the evidence related to your accident to be lost or destroyed, so don’t give them an advantage. I have written the following blog post to describe why preserving evidence is so vital to recovering your fair share of compensation after you have been injured.

If you have been injured in a severe automobile, construction, or any other type of catastrophic accident, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation. Barrett Law has the experience to help you if you or a loved one has been injured.  Contact us now at (601) 790-1505.

Why Seizing and Documenting Evidence is So Important

When a catastrophic injury results from an automobile accident, a construction accident, a machinery malfunction or any other accident, it is vital that the cause of the injuries in question be documented as soon as possible after the accident occurs. For example, imagine a scaffolding collapses, injuring five employees that had been standing on it. A lawsuit on behalf of those workers will likely either allege that the scaffolding itself was defective or that the contractor that owned the scaffolding assembled it negligently.  But to prove either of those arguments, the plaintiffs’ attorney will have to establish negligence, which means that the defendant had a duty to the plaintiff and failed to take reasonable steps to avoid injuring him or her.

The most important advice I can give you is that when a severe accident occurs, call experienced personal injury counsel immediately. If you delay, there is no way that the attorney can spring into action on your behalf and preserve evidence.  Delay is deadly to your case, and when an accident like this occurs, I immediately request that the property owner seal off the accident site and prevent any movement of the alleged cause of the injury—in this case, the scaffolding.  Then my team and I arrive on the scene and take detailed pictures of the scaffolding and site. If possible, I would even take a sample of the scaffolding to determine whether undue decay or degradation had caused the scaffolding’s structure to become compromised.  Unfortunately, once the scaffolding is moved or removed, it is challenging to establish who and what caused the accident in question.  For example, it is common for contractors to use too few cross supports on scaffolding; the only way to establish how many supports were in use is to be there, on-site, and count them.

Similarly, the scaffolding may have been assembled correctly, only to collapse because the manufacturer negligently calculated weight limits.  There will be no way to determine negligence definitively without detailed documentation of the accident scene. The scaffolding company and building contractor will each blame each other, making pursuing either party more challenging.

What Should You Do If You Have Been Injured?

If you have been injured because of another party’s negligence or recklessness, you should be compensated for medical costs, counseling, loss of employment, and other expenses.  Let experienced personal injury counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the defendant’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 Pedestrian Accidents

Mississippi’s wonderful climate should make it a perfect place to walk outdoors.  Unfortunately, it is all too common for families to come into my office to discuss a severe automobile accident that injured or killed their loved one who was innocently walking down the street. While Mississippi’s climate may be excellent for pedestrians, our roadways are not.  We have narrow roads with no shoulders, few street lights, and even fewer bike paths. This combination forces people to walk on the side of the road, often within inches of speeding drivers that may or may not be able to see them. Injuries ensue. Pedestrian accidents pose several novel legal issues that may not be intuitive. I have written the following blog post to help people understand the problems that this type of claim raises.

If you or a loved one was injured or killed as a result of a pedestrian accident, 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.  Contact us now at (601) 790-1505.

To Receive Compensation, You Must Prove Negligence

To attain any compensation, you must show that the person or persons responsible for your injury did not act reasonably and that unreasonableness resulted in your injuries.  In a pedestrian injury case, the most common defendant is the person who struck the pedestrian with his or her vehicle.  To show that the driver was not acting reasonably, the injured party’s attorney must show that the driver was speeding, driving recklessly, distracted, intoxicated, or some other clear indication that he or she was not operating reasonably at the time of the accident. Texting or checking social media while driving are both common forms of negligence that I have seen a lot of in the past few years.

The second type of defendant is the municipality or government entity responsible for the road. We all know particularly dangerous intersections or stretches of road.  If a municipality is “on notice” that one of these areas is particularly dangerous, it has a duty to at least warn citizens of the danger through signage or, better yet, to correct that danger through lighting or changes to the roadway itself.

A Pedestrian’s Own Behavior Influences Whether There Will Be a Negligence Finding

Just because someone is struck by a vehicle does not mean that the driver was negligent, and the same rules of reasonableness also apply to pedestrians. If a pedestrian was intoxicated and walking down the center of an unlit road at night, the odds of proving that an oncoming vehicle hit them negligently are much lower than if he or she was walking on the road’s shoulder during the day.  This is more or less a sliding scale, and the more negligent the pedestrian is, the less negligent the driver is usually viewed.  Only an experienced personal injury attorney can provide you with an assessment of how a jury will consider a claim, so make sure to seek counsel immediately if you or a loved one is injured.

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

If you or a loved one was injured by a vehicle while walking, you should be compensated for medical costs, counseling, and other expenses.  Let experienced counsel take care of preserving medical records, taking pictures of the accident site, attaining expert opinions, and dealing with the defendant’s attorneys. These are essential tasks that only 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 an injury. Contact us now at (601) 790-1505.

 

 

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