Experienced Mississippi Whistleblower Lawyer Discusses the Statutes of Limitations Related to Wartime

As I have written in other blog posts, the False Claims Act was enacted during the Civil War to prosecute those who tried to profit off of selling low-grade or faulty supplies to the U.S. government.  This remains a problem in modern America as well.  One problem with prosecuting people who are bilking the government during wartime is that the ongoing war makes filing a qui tam case, collecting evidence, and pursuing the case extremely inconvenient.  As a result, during World War I and II Congress passed the Wartime Suspension of Limitations Act, which was initially enacted to extend the statute of limitations for war-related criminal fraud that the Government was unable to prosecute because of the war-time conditions.  The current version of the WSLA suspends the statute of limitations for “any offense against the laws of the United States.” The United States Supreme Court recently issued an opinion limiting exactly what “suspending the statute of limitations” means in the False Claims Act context.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The U.S. Supreme Court’s KBR decision came to two significant conclusions related to the False Claims Act.  In the KBR case, a whistleblower named Benjamin Carter brought a whistleblower claim against Kellogg, Root & Brown and Halliburton, alleging that they were billing the U.S. government for water purification work they were not performing in the Middle East during the Iraq and Afghanistan wars.  He made his first claim in 2006 and his final claim in 2011.  The False Claims Act has a six-year statute of limitations with a ten-year maximum. The defendants claimed that Carter’s case violated the False Claims Act’s statute of limitations, while Carter contended that that the WSLA suspended the statute of limitations.

The Supreme Court unanimously held that the WSLA suspends the statute of limitations for the U.S. government to prosecute crimes against the government, but does not suspend that same statute of limitations for civil claims brought by a whistleblower.

The Supreme Court’s holding underscores the importance of bringing a timely claim within the False Claims Act’s statute of limitations.  While many argue that a civil suit brought by a whistleblower is really a claim brought on the U.S. government’s behalf, the Supreme Court did not agree, holding the line on what they see as a generous statute of limitations under the False Claims Act.

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

Are you considering filing a whistleblower case?  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. As the above analysis demonstrates, a solid case brought too late may be worthless. A whistleblower does not have an endless amount of time to file his or her claim, and you should consult with an experienced whistleblower attorney immediately if you believe you may be a whistleblower. 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 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 Whistleblowing About Physician Compensation

Physicians enjoy one of the United States’ highest paying professions.  There are strict rules, however, regarding how physicians are compensated and, importantly, what services federal programs like Medicare and Medicaid can be billed for. Whenever federal programs like Medicare or Medicaid are involved, there is an opportunity for whistleblowers who are willing to come forward and report fraud against the federal government bravely. One of the prohibited acts under the False Claims Act is receiving kickbacks in return for referrals of work.  Physicians cannot funnel patients towards certain providers in exchange for bonuses, financial incentives, or other valuable perks.

Are you considering becoming a whistleblower?  You will need the help of an experienced whistleblower attorney to guide you through the process.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Are You Aware of Physician Referral Fraud?

A recent False Claims Act involving Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively “Halifax”) demonstrates some key points to look for when asking whether the physician compensation you are aware of violates the False Claims Act.  It is important to note that this case settled and that Halifax and the Department of Justice agreed that Halifax would pay $85 million.  The whistleblower in this case is entitled to 15% to 30% of that settlement, a massive award.

Here, physicians in Halifax’s oncology group divided a large bonus pool based both on how much they worked and how much work they referred to other providers.  The court found that this payment plan was not an allowable bonus based on services that the oncologists personally performed as the law requires, but instead was a bonus divided up based on services individually performed by the group. The bonus was determined based on factors in addition to personally delivered services – including revenue from referrals.  The fact that each oncologist could increase his or her share of the bonus pool by performing more services did not diminish the fact that the pool and each bonus could be increased simply by making more referrals. In short, pay, and billing must be directly related to work performed, not others’ work or referrals.

Accordingly, if you are working in a medical environment where pooled compensation is unconnected to services personally performed and is, at least partially, based on referrals to other providers, you are likely witnessing a violation of the False Claims Act’s anti-kickback provisions.  This is a technical legal area, and you will require the help of an experienced False Claims Act attorney to help you file your claim.

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

Are you considering filing a whistleblower case?  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 U.S. Department of Justice 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 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 “Reverse” False Claims Act Claims Against Importers

There has been a lot of discussion of trade and tariffs in the news lately, which has direct links to the False Claims Act.  When a country imports products or materials and has tariffs or duties placed on those materials, the country is obligated to pay a certain amount of money to bring the product across the U.S. border.  When a country somehow circumvents that duty to pay tariffs and duties, it is denying the U.S. government revenue.  When that circumvention occurs due to some fraudulent activity, this is called a “reverse” False Claims Act case.  Unlike a traditional False Claims Act case where a supplier violates the terms of a contract by supplying faulty or substandard materials to the U.S. government, in a “reverse” False Claims Act case the supplier avoids paying any money by not entering into any contract at all.  The following is an example of a reverse False Claims Act case that illustrates this point.

Are you considering becoming a whistleblower? Have you witnessed importers lying to the federal government while bringing a product or material across the border?  You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

A Reverse False Claims Act Case Involving Importing Goods Across the Border

In the case United States ex rel. Valenti v. Tai Shan Golden Gain Aluminum Products Ltd., et al., Case No. 11-cv-368 (M.D. Fla.), the U.S. Department of Justice forced the defendants to pay $3 million to settle a False Claims Act case brought by a whistleblower.  In this case, the defendants were importing aluminum into the United States to be used in the construction of bathroom shower door frames.  The defendants claimed that the aluminum originated in Malaysia when in fact it originated in China and merely passed through Malaysia en route to the United States.  This was a significant misrepresentation, as Chinese aluminum was subject to substantial trade duties, while Malaysian aluminum was not. In essence, the defendants’ misrepresentations ended up defrauding the U.S. government out of money it was due.

This is “reverse” whistleblower case because there was no contract or financial agreement between the defendants and the U.S. government; however, if the defendants had been honest about their importing, a financial approval would have been required.  Their attempt to subvert that agreement amounted to fraud and a violation of the False Claims Act. A whistleblower came forward and alerted U.S. Customs that the defendants were bringing aluminum into the U.S. without paying appropriate customs.  As a result, the whistleblower received a reward of $555,100.

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

Are you considering filing a whistleblower case?  The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive 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 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 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 BP Oil Spill Attorney Discusses a Novel Diminished Wages Claim

As everyone in the Gulf region is aware, there have been many settlements of BP Oil Spill cases. Do not let anyone tell you that you have missed your chance to receive your fair share of compensation for oil spill damage or cleanup work.  There is still no end in sight to litigation and compensation for many of those affected by the spill. I have written about some of the recent and novel approaches to attaining compensation, as the following claim overviews from the Tampa Bay Buccaneers and the Tampa Bay Lightning illustrate. The following blog post again highlights the fact that there remain many creative cases regarding the oil spill, some of which will result in significant compensation.

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.

Tampa Bay Buccaneers and Lightning Have Both Received Significant Oil Spill Settlements

If you live in the Gulf region, you likely know many people who were impacted negatively by the B.P. Deepwater Horizon Oil Spill.  Whether it was the loss of a business, financial ruin, or health problems, the Spill continues to have lasting, adverse effects on the region. To make matters worse, many of those affected have had claims denied or have been otherwise unable to be fully compensated for their physical, emotional, and economic injury. As a result, I found it intriguing that both the Tampa Bay Buccaneers football team and the Tampa Bay Lightning hockey team had both received payouts from the B.P. Spill compensation fund.

The Tampa Bay Buccaneers have been in the news lately because they tried to seal the courtroom from outside observers as they argue that their share of the BP Settlement was too small. I have seen individuals here in the Gulf be denied thousands of dollars for injuries that will likely linger the rest of their lives.  The Buccaneers still feel that they are owed millions of dollars. I was encouraged that the court of appeals denied the Buccaneers request to seal the courtroom, holding that “The public will be able to access the courtroom it pays for.” The Tampa Bay Lightning also claim to be owed millions from the B.P. Settlement but did not contest having an open hearing.

If these large corporations can continue to fight for more money under the B.P. Oil Spill settlement, I feel strongly that individual Gulf residents and companies should be able to as well.

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 Workers’ Compensation Attorney Explains Workers’ Compensation Retaliation

All employers here in Mississippi have a legal duty to pay into the workers’ compensation system.  The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury.  Employees are covered by workers’ compensation even if the injury was the result of their negligence. Accordingly, it is not a black eye for employers or a sign that they have an unsafe workplace if an employee collects workers’ compensation. However, many employers view a claim as an attack and illegally retaliate against injured employees.   I have written the following blog post to help people understand workers’ compensation retaliation, its signs, and what to do if you are retaliated against.

If you or a loved one was injured at work and has subsequently experienced retaliation, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and the harm caused by the retaliation. Barrett Law has the experience to help you if you.  Contact us now at (601) 790-1505.

Workers’ Compensation Retaliation—Why Does It Happen?

As I indicated above, it is not necessarily an indication of an unsafe workplace when employees file a workers’ compensation claim. So why do employers retaliate? In some cases, if a certain number of employees file workers’ compensation claims, the employer’s workers’ compensation insurance premium can increase. That ends up becoming an actual cost that is imposed upon the employer.  Also, some employers simply have an emotional response to any claim filed against them and act defensively and retaliate against the employee making a claim.

What Does Workers’ Compensation Retaliation Look Like?

Most commonly, workers’ compensation retaliation looks like adverse action against the employee shortly after the employee files a claim, has a claim denied or has a claim granted.  One thing to keep in mind is that it does not matter if your claim is denied or granted if your employer takes adverse action against you—denial of ordinary vacation leave, termination, denial of a promotion—it is illegal retaliation.  Many employers erroneously believe that once your claim is over, they can take adverse action against you. That is incorrect.

What Should You Do if You are the Victim of Workers’ Compensation Retaliation?

If adverse employment action such as termination, harassment, or denial of ordinary leave or pay raises occurs after you file a workers’ compensation claim, you may be the victim of retaliation.  First, you should contact an experienced Mississippi workers’ compensation attorney immediately.  Second, request and retain all records pertaining to your medical file, your personnel file, and any discipline you have received.  Also, request a copy of your employer’s employee handbook and any employee policies. Third, do not talk to coworkers about the matter and stay off of social media regarding the incident; people often complain or vent online, and these statements can come back to haunt you later.

If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim.  It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.  Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Explains What You Should Do if You are in a Four-Wheeler Accident

Given our love of working and playing outdoors here in Mississippi, it is not surprising that four-wheelers are so popular.  Four-wheelers are ubiquitous because they are good at so many different things—they can plow through streams, climb steep banks, haul trailers, and drive on the open road.  Driving them is a lot of fun. Four-wheelers’ strengths all stem from their high power to low weight ratio, a useful combination that comes with significant danger. Four-wheelers can haul large roads that can topple onto the driver, roll over and crush their driver, lack the protection of a car on the highway, and have acceleration that can result in them throwing their driver.  Additionally, people often double up on four-wheelers, riding tandem in a way that many were not designed to be driven.  In the U.S., almost 1,000 people are year killed each year, and 100,000 are injured in four-wheeler related accidents.

If you or a loved one was injured or killed as a result of a four-wheeler accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury, medical bills, loss of income, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Common Causes of Four-Wheeler Accidents

Four-wheeler accidents have a wide variety of causes.  The most common include: Riding on steep or uneven terrain and suffering a crushing rollover; Driving on public roads and getting into an accident with automobile traffic; Minors driving four-wheelers recklessly; Passengers being thrown off of the back of four-wheelers not made for passengers.

Steps to Take to Reduce the Chances of a Four-Wheeler Injury

Most four-wheeler drivers have no training before they get behind the handlebars for the first time. This inexperience, especially with teen drivers, is a common cause of injuries, as young drivers often couple their lack of experience with an appetite for daredevil driving.  Make sure minor drivers have supervision and training before allowing them onto a four-wheeler.  Similarly, a four-wheeler should only be ridden by the number of passengers it was made for.  When driving on uneven or hilly terrain, scout out the route ahead to prevent a rollover.  While a four-wheeler is light compared to an automobile, there is no way that a pinned rider can free him or herself once it has rolled.

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

If you were injured in a four-wheeler accident, call the police immediately, especially if the accident occurred on a public roadway. Even if you believe the accident was your fault, still call the police, as you do not know whether a manufacturing error or unsafe roadway condition triggered your crash.  The police report will be a valuable, unbiased documentation of what occurred and what caused your accident.  Additionally, you or a loved one should take as many pictures of the accident as possible so that the images of the crash site are preserved before anyone moves the four-wheeler or any other vehicle.

Four-wheelers can be incredibly useful and fun if used properly.  If misused, however, they can be deadly. If you or a loved one was injured in a four-wheeler accident, you should seek medical attention immediately and contact an experienced personal injury attorney.  Let experienced counsel take care of preserving medical records, 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 a four-wheeler injury. Contact us now at (601) 790-1505.

 

 

 

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Experienced Mississippi Personal Injury Attorney Explains How to Attain Compensation for a Dog Bite Injury

Dogs are a significant part of so many people’s lives here in Mississippi.  We use them for hunting, protection, or just to share the couch; dogs genuinely serve as “man’s best friend.”  But we all know about dogs that are mistreated or somehow turned out mean. Other dogs are friendly, but lash out when intimidated or threatened. Regardless of the reason, dog bites are an unfortunate fact of life.  While some bites are minor, others can be deadly or require extensive plastic surgery to repair. Because of their smaller stature and inexperience, children are frequently dog bite victims, causing scars that may last a lifetime. Because this is a frequent inquiry, I have written the following blog post to describe what you should do if a dog bites you or a loved one.

If you or a loved one was injured as a result of a dog bite, you will need to have experienced personal injury counsel to help you attain your fair share of compensation for your injury, medical treatment, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Can I Receive Compensation for Injuries Related to a Dog Bite?

In Mississippi, dog owners must protect the public from their dogs.  When a dog bites, it is the owner’s fault, not the dog’s. So if a dog bites you, you can receive compensation for injuries resulting from the bite. Obviously, it is not worth a lawsuit if a dog simply nips you or causes a scratch, but you deserve compensation for a more severe bite requiring medical care. The only exception to a dog owner’s duty to protect the public from their dog is if you somehow were taunting or violently provoking the dog to the point that it was really your fault that the dog bit you in “self-defense.”

What Should I Do If a Dog Bites Me?

If a dog bites you, call the police. You are not necessarily calling the police because you want the dog’s owner to be arrested. Rather, you want the police, an unbiased third-party, to document the scene and your injuries.  A police report carries a tremendous amount of weight in legal matters, as law enforcement officers are trained in observing, photographing and documenting incident scenes in an impartial, emotionless manner.

Once the police have finished documenting your dog bite and the scene, you should seek medical treatment immediately. Dog bites are usually jagged, messy lacerations and often require plastic surgery to avoid irregular scarring. Even if your bite is not severe, for reasons similar to the police report, you want an unbiased medical professional to photograph and describe the severity of your injury.  This description will carry much more weight as legal evidence than any story you make, as you are biased towards your self-interest and will be remembering the incident through the lens of trauma.

Finally, if the attack was traumatic, seek counseling.  You do not want to spend the rest of your life jumping in fear every time you see a dog.  A counselor can help you work through and unwind the trauma so that it does not haunt you for years to come. Counseling is particularly crucial for children, who may blame themselves for the attack.

What Should You Do If A Dog Bite Has Injured You or a Loved One?

If a dog bit you or a loved one, you should seek medical attention immediately and contact an experienced personal injury attorney to begin the process of attaining your fair share of compensation. As I have described above, these cases seem straightforward but can lead to a dead-end if they are left to an inexperienced lawyer. Let experienced counsel take care of preserving medical records, deposing witnesses, 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 been bitten by a dog. Contact us now at (601) 790-1505.

 

 

 

 

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Experienced Mississippi Trucking Accident Attorney Explains How Courts Determine Who is at Fault in a Trucking Accident

Loaded long haul trucks can weigh ten times more than an average passenger car. As a result, that weight differential results in trucking accidents being catastrophic for the vehicles and people involved. You might think that if your vehicle is struck by a large truck, the trucking company will pay for your injuries and damage to your vehicle.  But it is not that simple, and the trucking company usually tries to claim that it and the driver are not at fault.  I wrote the following blog post to help people understand how courts determine who is at fault after a trucking accident.

If you or a loved one was injured or killed as a result of a trucking accident, you will need to have experienced trucking accident counsel help you attain your fair share of compensation for your injury, recovery, and loss of work. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

How Courts Determine Fault After a Trucking Accident

Under Mississippi law, being injured in a trucking accident is not sufficient to attain compensation for those injuries. Instead, you must prove that the party that injured you was  “negligent,” which means that they had a duty to act reasonably to prevent harming you and that they failed in that duty.  Accordingly, if you are driving down a highway and a herd of wild horses runs into the road, causing a truck to slam on its breaks and swerve into your lane, injuring you, you may not have a solid case. That is because the truck driver acted reasonably under extreme circumstances.  However, if one cow walks into the road and an intoxicated truck driver swerves wildly well in advance of the cow, striking and injuring you, you have may have a strong case.  That is because the second truck driver acted unreasonably by being intoxicated and you were injured as a result.

Those are somewhat far-fetched examples that I have used to illustrate a point, but these are much more common ways that truckers fail to act reasonably towards other drivers, such as: Not getting sufficient sleep; Being under the influence of drugs or alcohol; Speeding; Hauling an unbalanced load; and Failing to maintain the truck or secure the truck’s cargo. To prove that a trucking company failed to reasonably meet a duty to protect you and other drivers from harm, you will need to collect evidence of one of these failures.

An experienced trucking attorney can gather relevant evidence, such a driver’s sleep and driving log.  Police reports usually indicate whether a driver with a commercial driver’s license or CDL was under the influence of any intoxicants at the time of the crash, and a truck’s “black box” indicates real drive time when driver logs might be faked. Finally, a trucking accident attorney knows how to subpoena maintenance and driving records from trucking companies.

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

If you or a loved one was injured in a trucking accident, you should seek medical attention immediately and contact a Mississippi attorney experienced in taking on trucking companies.  You need to focus on healing from your injuries and getting back to work. Let experienced counsel take care of preserving medical records, attaining expert opinions regarding the cause of the accident, and dealing with the trucking company’s attorneys. These are complex tasks that only a trucking accident 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 as the result of a trucking accident. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Discusses When Your Injury May Be Appropriate for a Mass Tort Case

A “tort” is any harm one person does to another.  Torts are civil cases, meaning that an individual brings a case against another individual seeking financial compensation for the harm done to him or her.  This is opposed to criminal cases, where the state seeks to punish a person for his or her behavior against an individual or community by putting the offender in jail or assessing a fine.  Some acts are both torts and crimes.  The best example is wrongful death and murder.  An individual can sue someone (think of OJ Simpson) for the wrongful death of a family member, and the state can prosecute that same person for murder.  Because the burden of proof is considerably different between a tort and a crime—a “preponderance of the evidence” or 51% for torts and “beyond a reasonable doubt” or 99% for crimes—it is not uncommon for someone to be found not guilty of a crime yet be found responsible for a tort. Sometimes a person or company hurts numerous people in the same way.  In these cases, it is possible to turn a single tort into a “mass tort.”

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

Is Your Injury Claim Suitable for a Mass Tort Action?

Mass torts actions are brought on behalf of a large number of people who have been harmed by a single person or company in the same way. Mass torts are different from “class action” lawsuits in that in a mass tort the number of people harmed is large but known.  Each plaintiff will have his or her case and, potentially a trial, against a common defendant.  In a class action, the number of people harmed is also significant but is often so large that it is unknown in size.  In a class action, a defendant or group of representative defendants brings the tort claim on the larger group’s behalf.

Certain types of claim lend themselves to mass tort litigation. Mass torts are usually filed against large corporations, institutions, or government entities.  Recent examples include sexual abuse cases against the Roman Catholic Church and the Boy Scouts of America and claims against B.P. for the Deepwater Horizon Oil Spill. Generally speaking, the following types of claims are well suited for mass torts because of the harm is definitive and the number of people harmed is usually large: Pharmaceutical and medical device claims, consumer product claims, and environmental claims. Each one of those types of harm can be repeated numerous times across a large population; for example, if your chainsaw malfunctioned and cut your arm severely, it is likely that similar chainsaws malfunctioned similarly across the U.S. population.

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

Has another person injured you?  Whether it is a single tort or mass tort, I understand that it’s important to you. If you or a loved one was injured in an accident of any kind, you should seek medical attention immediately and contact an experienced personal injury attorney.  Let experienced counsel take care of preserving medical records, 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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Experienced Mississippi Personal Injury Attorney Explains the Steps You Should Take After a Large Truck or Bus Accident

Anyone who drives Mississippi’s highways and highways knows that we have to share our roads with large vehicles—long haul trucks and buses. Often, these large vehicles are squeezing onto roads carved into valleys or hillsides a century ago, and as a result, large trucks and buses are often involved in severe accidents with automobiles. Because of the tremendous weight difference between these large vehicles and smaller cars, the automobile and its passengers are almost always the losers in a collision, sometimes catastrophically. I am an attorney who focuses on attaining the most compensation for individuals injured in this sort of accident and can assist you if you or a loved one was injured in a large truck or bus accident. People often ask me what they can do if they are injured in this type of crash, and I wrote the following blog post to provide a general overview.

If you or a loved one was injured or killed as a result of an accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Focus On Your Physical Health

If you are involved in a large truck or bus accident, attain medical attention immediately.  This is true even if you believe that you are not injured.  First, you are likely in shock and are in no condition to judge your physical health.  Second, most soft tissue injuries such as whiplash take more than 24 hours to develop, so feeling alright at the crash site may not be a reliable indicator of your actual health.  Third, many severe medical conditions such as neck and spine injuries take even longer to develop and you want a medical professional to provide an unbiased assessment of your physical health.

Even if you are not seriously injured after a crash with a large truck or bus, you should seek medical treatment so that you have a baseline record of your physical condition at the time of the incident. If you fail to attain immediate medical attention, the defendant will attribute any subsequent pain or injury to events unrelated to the accident.  If successful, this argument will result in you not recovering any compensation for these injuries.

Call the Police

After an accident, law enforcement plays a critical role in providing an unbiased, third-party record of what transpired at the scene.  They can document the scene and take pictures before any vehicle is moved or altered.  This is critical because trucking and bus companies frequently dispatch crews to an accident scene immediately to move vehicles and remove incriminating evidence.  The police report will provide a trustworthy document that can be relied on later in court.

Take Photographs

If possible, take as many photographs as you can immediately after the accident.  Luckily, with the advent of smartphones, we all have cameras with us everywhere we go.  Take as many pictures as possible, as they will serve as critical evidence later.

Do Not Admit Fault

While you were involved in an accident, you are not an omniscient being with the power to observe what happened from a neutral viewpoint. Furthermore, you are in shock and are in no position to be making legal admissions.  Taking all of that together, never admit any fault after an accident.  You have no duty to disclose anything at any time.  Let the attorneys and courts determine fault once they have all relevant evidence available.

What Should You Do If You or a Loved One Has Been Injured in a Bus or Large Truck Accident?

If you or a loved one was injured in a large truck or bus accident, you should seek medical attention immediately and contact an experienced personal injury attorney. Inexperienced counsel may lead you down a dead end where you receive no compensation. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, 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 large bus or large truck injury. Contact us now at (601) 790-1505.

 

 

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