If you have been involved in a car or truck accident and have sustained any measurable personal injury, it may be that a lawsuit will need to be filed for you to fully recover the damages to which you are entitled.  Individuals facing the need to file a lawsuit to recover for personal injuries often have many questions about what is involved in a lawsuit.  The information below outlines some general features of most lawsuits related to motor vehicle accident injuries.  If you have any questions regarding this information, or any other questions regarding injuries you sustained in a car accident and your rights to recover for them, please contact Barrett Law PLLC, at (601) 790-1505.

Before any lawsuit is filed, it is common for a demand to be made upon the insurance company for the driver at fault.  Typically, this demand is made by an attorney for the individual injured in a car accident.  The demand seeks compensation for the damages the individual sustained.  Sometimes, this demand letter results in the insurance companying paying the requested amount.  But more often, a lawsuit will need to be filed to force the insurance company to pay the injured individual what he or she is owed.

At the outset, it is important to understand that resolving a lawsuit is typically a lengthy process.  It often takes years, not weeks or months, to resolve a lawsuit.  For that reason, it is imperative that you hire an attorney that you trust and that you like.  You will be working with your attorney for a significant period of time, and if you do not trust or like your attorney, it will make getting through the lawsuit process more difficult for you.

A lawsuit is started by filing with the court in the appropriate jurisdiction an initial document known as a complaint, filed on behalf of the injured individual.  The injured individual is the plaintiff in the lawsuit.  The complaint contains factual allegations about the accident in question and legal assertions about who is at fault and what damages to which the plaintiff is entitled.  An attorney will need to obtain enough information from his or her client to enable the attorney to include the necessary factual allegations in the complaint.

The complaint is directed at all of the individuals or companies that may be at fault—the defendants.  Each of these defendants must be served with the complaint and summons.  The summons is a document instructing each defendant that he, she or it needs to participate in the lawsuit or face what is referred to as a default judgment.  Once a defendant is served with the complaint and summons, he, she or it will typically inform any applicable insurance company of the lawsuit.  At this time, further negotiations to settle the case may occur.  All defendants that intend on participating in the lawsuit are required to file documents responding to the complaint.  Sometimes this document seeks dismissal of the lawsuit; other times, this document simply responds to each of the allegations of the complaint.

After the filing of the initial complaint and documents responsive to it, the next phase of a lawsuit is the discovery phase.  This is typically the longest phase of any lawsuit, and can last months to years.  During discovery, each party to the lawsuit is entitled to ask written questions of one another, to request documents from one another, and to conduct oral examinations of one another, of witnesses, and of any experts.  Discovery is typically also the most expensive phase of a lawsuit, because it is very time-intensive and may involve the hiring of experts.  If you represent yourself, you will have to pay these expenses out-of-pocket.  If you hire an attorney to represent you, typically the attorney will advance these expenses and then deduct them from any recovery you are awarded.

During or after the discovery phase, one or more of the parties might file documents with the court seeking judgment in his, her, or its favor based on the evidence obtained during the discovery phase.  This process can take several months, but if successful, will eliminate the need for a trial.

The trial is the final phase in any lawsuit.  Trials can be either in front of a judge or in front of a jury, depending on the type of lawsuit involved. Whether to try a case in front of a judge or jury involves numerous considerations, including the nature of your injuries, the nature of your damages, and the location your trial will occur in.  These considerations can be overwhelming for an individual that is not familiar with the legal system, and are a key reason why hiring an attorney experienced in litigating car accident cases is beneficial.  Trials in car or truck accident cases typically last several days to several weeks, depending on the severity of the injuries in question.  After the trial is concluded, either the judge or the jury will render a verdict, including a determination of whether the plaintiff is entitled to any damages and the extent of those damages.

Barrett Law PLLC, has experience representing individuals injured in car and truck accidents in Mississippi.  If you have any questions about lawsuits related to car or truck accident injuries, please contact us at (601) 790-1505 to set up a no-cost consultation.  We look forward to providing you with superior legal representation.

The average American drives thousands of miles every year or more, depending upon where he or she lives, works, and the activities in which he or she is involved.  Given the number of miles driven, and the related time spent on the road, car accidents are, unfortunately, common occurrences.  Luckily, many accidents are minor, with no injuries and minimal property damage involved.  Other accidents are much more severe and involve severe injuries and death.

Immediately after nearly any type of car accident, you can and should take certain actions to help protect yourself. First and foremost, all reasonable efforts should be taken to secure the accident site. This will most likely involve one of two courses of action.

If the accident is somewhat minor, try to move the vehicles out of the way to avoid further injury and damage.  If the cars cannot be moved safely, divert traffic around the accident scene.  Such action, however, should be taken only as appropriate.  During the course of moving the cars involved or immediately thereafter, you should contact the appropriate authorities.

If the accident is severe, involves an individual trapped in his or her vehicle, or if fuel or other flammable liquids are spilling from any vehicle, contact the appropriate authorities immediately and set up markers or other barriers, if possible, and keep a safe distance.  If you are severely injured, pinned in your car, or otherwise cannot escape the accident, call 911 if possible.  If other individuals are at the accident scene that can assist you, specifically direct one of the individuals to call 911.  If you think you have any type of neck or back injuries, do not move unless you are doing so to escape some other more immediate danger.

The time that passes waiting for the authorities to arrive is an ideal time to take photographs.  These include photographs of your car, the other vehicle, the accident scene, and any other relevant evidence.  Clear photographs of all vehicles and other physical evidence, such as utility poles, barriers, fences, etc., that may have been damaged, should be taken.  While it may not seem useful at the time, pictures of all pre-existing damage are important.  This allows you, your attorneys, and the attorneys for the insurance company to relatively easily determine what was related to the accident. The cameras on cell phones are very useful for taking such photographs.

During the time you are waiting for the authorities, it is also helpful for you to take notes about what happened.  You will probably need to fill out a police report, but sometimes the information asked for is limited.  You should include in your notes as many details as you can recall, including the weather conditions, the time of day, the degree of traffic, and the details of the accident.  Memories quickly fade, and it will be helpful for you to have these notes in the future. 

If you or a loved one has been involved in a car accident, there will be many things to consider going forward.  In order to recover everything to which you are entitled, you may need to file a lawsuit.  Regardless of whether a lawsuit is necessary, hiring an experienced attorney who can assist you through the process and make sure you are recovering all the damages to which you are entitled will make things easier. The professionals at Barrett Law PLLC, have experience representing the injured.  We are here to help you the difficult days, weeks, and months ahead.  Please contact us today at (601) 790-1505 to schedule an appointment.

The National Safety Council has indicated that one out of eight drivers will be involved in a car accident this year.  This is not surprising, given that the average American drives thousands of miles every year.  Some accidents involve minor injuries only, while others involve catastrophic injuries or even death.  Regardless of the severity of a car accident, certain types of injuries occur with regular frequency.  This page discusses some of these injuries.  This information is not meant to substitute for or provide medical advice.  It is merely meant to provide information about common injuries sustained in car accidents.  If you have been injured as the result of a car accident, you should seek medical attention immediately.  If you have questions about your legal rights related to those injuries, Barrett Law PLLC, can help.  Jonathan Barrett is experienced in representing individuals injured in the Lexington, Mississippi, area as a result of car accidents.  Our law firm can be reached at (601) 790-1505.

Injuries to the head, neck, and spine are some of the most common injuries sustained in car accidents.  This is because even if the accident is relatively minor and occurs at a low speed, whiplash can occur.  Whiplash is an injury to the neck resulting from a sudden, sharp movement of the head backward or forward.  It often manifests itself through a painful stiffness of the neck and shoulders as well as headaches.  Injuries to the face and head can occur from broken glass, airbags being deployed, other debris, or more forceful contact with objects or other vehicles, leading to cuts, bruises, broken bones, and concussions.

In extremely severe cases, significant trauma to the head can result in traumatic brain injuries, leading to long-term or permanent cognitive impairment, or severing of the spinal cord entirely, resulting in paralysis or death.  Severe impact can also cause injuries to the discs between the bones in the spine, which can result in herniation or displacement of these discs.  Very often, surgery is required to repair these injuries.

Broken bones are also common.  Typically areas for breaks include hands, wrists, and arms, the ribcage, pelvic factures, and ankle and foot factures.  Some breaks are minor and easy to repair with standard casts; other breaks are much more complicated and involve insertion of pins, rods, plates or screws and a significant period of immobilization.

Soft tissue injuries, or injuries to your internal organs or muscles, are often experienced by car accident victims, even in relatively minor accidents, depending upon the type of impact.  Such injuries can include diaphragm injuries, resulting from blunt force to the chest or abdominal area.  These injuries are typically associated with side or front impact crashes.  Abdominal and pelvic injuries involving hip fractures or injuries to the organs in your abdominal and pelvic area (liver, spleen, kidneys, intestines, and reproductive organs) are also typically associated with side or front impact crashes.

These injuries are only some of the injuries that an individual involved in a car accident might experience.  Certainly, depending on the nature of the car accident, other injuries may occur.  If you have been in a car accident and believe that you have suffered an injury other than one discussed above, or one of the injuries discussed above, it is vital that you seek medical attention immediately.

Suffering through the days, weeks, and months after you have been seriously injured in a car accident is an extremely trying time.  Trying to deal with recovering damages for injuries you have sustained like the ones described above is not something you should have to do alone.  Barrett Law PLLC, is here to help you. Let us put our experience to work for you.  Please contact us today at (601) 790-1505 to schedule your free and completely confidential initial consultation.

Over the Labor Day holiday weekend, an accident in Kane, Pennsylvania claimed the lives of six people—two of whom were children.  Two motor vehicles were involved in the head-on collision.  One was driven by Gary Beimel, and the other was driven by Kathy Douglas.  All four people in the vehicle driven by Gary Beimel were killed.  Two of the four individuals in the vehicle driven by Kathy Douglas were killed, including her daughter and her nephew.  All of the six individuals that passed away as a result of the accident were pronounced dead at the scene.  The road was closed while the local authorities attended to and cleared the scene of the accident, which took approximately seven hours.  The authorities are continuing to investigate the cause of the accident, which resulted when the SUV driven by Kathy Douglas crossed into oncoming traffic, directly in the path of the sedan driven by Gary Beimel.

The death of a child is a tragedy that is simply beyond compare.  This accident is a grim reminder that, as innocent as they are, children can nevertheless be the victims of horrific circumstances.  In situations similar to this, through the daze, fog, and sheer grief that the parents of a child who has been killed must wade, questions also naturally begin to surface.  Questions including “Why me?” and “How can I go on?” are also often accompanied by questions such as “How did this happen?”, “Who is responsible?”, and “Is my family entitled to any compensation for our loss?”

Although it is not something a parent ever wants to focus on after the loss of a child, the answer is yes—your family may be entitled to compensation.  During this time of loss, families are in a state of shock and can be very confused about what options they have.  This article discusses some of the options in brief and general terms.  If you live in Mississippi, have suffered the loss of a child, and have questions or would like to talk with an attorney about your options, Barrett Law PLLC is here to help answer your questions and guide you through your legal options.  We can be reached at (601) 790-1505.

The death of a child can involve recovery several different types of damages.  First and foremost, parents are entitled to damages resulting from medical and related expenses arising from hospitalization or other medical services provided to the child due to the accident.  These are actual, out-of-pocket damages sustained due to the accident.  Parents may also be entitled to damages stemming from their loss of companionship and loss of community with the child.   These types of damages are often referred to as loss of consortium and loss of love and affection.  Parents may also be able to recover the lost earning capacity of a child, depending on the family’s and child’s situation.

As in any type of lawsuit, retaining an attorney experienced in personal injury matters is important in ensuring that you recover the full damages to which you are entitled.  It is also important to retain an attorney as quickly as feasible.  Details and memories fade, evidence is lost or destroyed, and other events happen over the course of months and years that can make a lawsuit more difficult to prove.  Do not delay hiring an attorney.

If your family has suffered the tragedy of the loss of a child, you do not need to struggle through this time alone.  Let Barrett Law, PLLC help you through the legal aspects of your loss so that you and your family can focus on your healing.  We can be reached at (601) 790-1505.

On September 12, 2013, Dorel Juvenile USA announced a recall of more than 89,000 child safety restraint systems.  According to the recall information on Dorel Juvenile USA’s website, the recall stems from incorrect installation instructions depicted on various product labels.  The recall extends to various models of Safety 1st Alpha Omega Elite, Eddie Bauer Deluxe 3-in-1, Safety First Complete Air LX, and Safety 1st Complete Air SE.  The production dates for the affected systems include July 20, 2010, through May 18, 2011.  Additional information can be found at http://www.djgusa.com/usa/eng/Safety-Notices/Detail/556-Dorel-Juvenile-Announces-a-Safety-Recall-of-Certain-Safety-1st-and-Eddie-Bauer-Child-Restraint-Systems.

If you have an infant or young child, it is vital to ensure that you have a properly-installed and fastened child safety restraint system in your vehicle.  Motor vehicle accidents are the number one cause of death of children under sixteen years of age in the United States.  However, even if you do have a properly installed and fastened child safety restraint system, unfortunately this does not guarantee your child will be safe in the event of a motor vehicle accident.  In fact, over the past ten years or so, over 15 million child safety restraint systems have been recalled due to various safety issues.  Every year, hundreds of children die due to defective child safety restraint systems.

Several types of defects can exist.  These include: the use of flammable materials, which can easily catch fire during an accident; inadequate strength of frames, leading to collapse; latches that improperly release, resulting in children being thrown from the seat upon impact; straps that rip, tear, or become dislodged, again resulting in children being thrown or partially thrown from the seat upon impact; and latches that will not properly release, resulting in children being trapped in the seat or the car after an accident.  Clearly, any of these malfunctions and resulting effects can lead to catastrophic injuries or even death.

Nothing can compare to the loss of a child.  If you have been involved in an accident in which your child was in a child safety restraint system but was nevertheless injured in the recent days, weeks, or months, you have likely been focusing solely on your child’s return to health.  However, during this difficult time, it is important to begin thinking about retaining an attorney to ensure that your rights and your child’s rights are fully protected.  While it is not something you want to be concerned with, the longer you wait to hire an attorney, the more difficult it may be for you to ultimate recover the damages to which you or your child is entitled.  Barrett Law PLLC is here to help you understand your legal rights during this crisis in your life.

If you and your child have been involved in such an accident but have not yet retained an attorney, there are a few things to keep in mind.  First and foremost, do not dispose of the child safety restrain system.  This will be the key piece of evidence in proving that your child’s injuries were the result of a defective child safety restrain system.  It is extraordinarily difficult to prove that a product is defective if that product has been disposed of.  While identical makes and models can be analyzed and tested, it will be virtually impossible to determine exactly how your child’s safety restrain system was defective if it cannot be examined.  It is also important to keep copies of all medical records, bills, and the like, related to your child’s injuries and treatment.  While these documents can always be subpoenaed during the course of a lawsuit, it is helpful to have them in advance.  Your lawyer will be better able to analyze your rights and advise you as to the best course of action if he or she has access to this information initially.

If your child has been injured in a motor vehicle accident and you have concerns that the child safety restrain system was defective, please contact the highly skilled personal injury attorneys at Barrett Law, PLLC today at (601) 790-1505 to discuss your case.

Nearly every day, we hear stories about people who sustain serious injuries in auto accidents across the U.S.  The most common forms of injuries that accident victims sustain are fractures, lacerations, concussions, head and neck trauma, and a variety of soft tissue related injuries.  In general, many individuals fail to appreciate the severity of soft tissue damages – including whiplash – which can be serious and life threatening if not immediately treated.  Unfortunately, whiplash occurs for a variety of reasons during a car accident, even when someone is wearing his or her seatbelt.  However, the severity of the whiplash depends upon the type of crash and the amount of force generated as a result.  For instance, a rear end collision involving high speeds typically result in cases of whiplash that are severe enough to disable a person for weeks.  Conversely, a side swipe accident involving lower speeds may leave a person with a stiff neck however, they are able usually to recover within a short period of time.

            In general, whiplash is a form of soft tissue damage that occurs when a vehicle is struck during an accident, causing a person’s head to rapidly move back and forth, much like the snap of a whip.  Oftentimes, people are unaware that they sustained a whiplash-related injury since it takes time for the initial trauma and shock of an accident to subside.   Otherwise stated, it is not uncommon for people to start feeling the effects of their accident within hours if not days following an accident.  As a seasoned Mississippi auto accident lawyer that has represented numerous whiplash victims, they often tell me that they did not realize just how badly their neck was injured until they woke up the next day.

As noted above, whiplash can be a serious injury and often manifests itself in a variety of different ways.  For instance, there are many symptoms which indicate that a person is suffering from whiplash.  Being aware of these symptoms may help mitigate the risks should you sustain a whiplash injury.   The most common symptoms of whiplash are:

  1. Mild to moderate head and neck pain
  2. Difficulty remembering
  3. Episodes of vertigo
  4. Fainting spells
  5. Feeling dizzy
  6. Feeling fatigued
  7. Difficulty focusing or concentrating
  8. Mild to severe back pain
  9. Anxiety
  10. Depression
  11. Radiating pains that stem from the neck and affect numerous parts of the body
  12. Neck stiffness
  13. Numbness and tingling in various parts of the body
  14. Muscle cramps

For more information, contact our seasoned Mississippi car accident attorneys now learn more about your legal options.  We will take the time to examine the facts of your case and advise you of all of your rights and responsibilities.  We look forward to providing you with superior legal representation.

A statute of limitations dictates the time limit for filing a legal claim with the courts. Filing limitations are applicable to both criminal and civil law matters. With respect to automobile accidents, the civil statute of limitations starts running from the day the accident occurred or the day you became aware of an injury (e.g., the date of a doctor’s diagnosis). Filing a lawsuit relating to an automobile accident should be done as soon as possible following your accident, in order to preserve evidence needed to prove your claim.

Mississippi imposes a three-year statute of limitations for the following civil damages claims under Mississippi Code Annotated § 15-1-49 (2012):

  • Personal injury
  • Products liability
  • Property damage
  • Wrongful death

The purpose of statutes of limitations is to prevent stale or fraudulent claims by establishing a reasonable deadline for filing a legal claim (and, thereby, resolving the legal claim). The idea is to keep evidentiary matters, such as testimonial details respective to a car accident, fresh and relevant in terms of litigation. Witnesses, memory, and tangible evidence disappear as time passes.

Expediting the filing of your claims is important to you, because it gets the legal wheels turning on damages awards to hasten the economic relief available to you to compensate for lost wages and medical bills.

Once you, or your loved one, have secured medical treatment for injuries sustained in an automobile accident and are able, the next order of business should be contacting an experienced attorney specializing in automobile accident matters. The preservation of evidence needs to begin immediately following your injury, and your attorney can handle this in conjunction with his (or her) investigation into the accident on your behalf. Your attorney also takes statements, which is important later because this information helps you recall details of the accident that caused your injuries. In the course of the investigation, your attorney gathers medical reports and bills, photographs the vehicles and location involved in the collision, and interviews witnesses. Your attorney also ascertains compliance with Mississippi’s statute of limitations, ensuring that your personal injury or wrongful death claim is filed in a timely manner.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our attorneys by calling (601) 790-1505.

In our world today accidents are one portion of lives that we can expect to encounter pretty much everyday. Ultimately accidents vary, but can all be seen to have and hold that of consequences, which vary greatly depending on how severe the accident was. For example, when we drop our favorite coffee mug on the way out the door in the morning we can expect not only to have our coffee spill everywhere, but also deal with the damage the mug sustained as well. Very similar to this type of accident is that of auto accidents, but with consequences that can be a bit more extensive, especially financially.

When you deal with that of an auto accident you deal with three major aspects of consequences which is that of injuries sustained from the accident, the legalities that are associated with your role in the accident, and finally, the financial aspect of an auto accident. One of the more consequences today is that of the financial aspects associated with an auto accident. Ultimately, if one truly looks at all of these consequences that are associated with an auto accident that of financial consequences are associated with each, and every one of them.

After you have been involved in an auto accident you already face the physical issues at hand, which include that of injuries that were sustained, as well as whether or not you caused the auto accident. When you have been injured from an accident you rely on your health care plan, or maybe even out of pocket expenses in order to help get the medical treatment you need. However, today, in order to not only see a health care professional, but also get diagnosed, and treated for your injury costs a great deal of money, which many people simply cannot afford. Yet, the financial difficulties are not over there. Depending on your involvement in an accident, and whether or not it has anything link to a criminal act you could face serious legal consequences such as fines, jail time, probation, or required program involvement.

Finally, after everything medically, and legally is taken care of you can finally sit back and relax, right? Wrong. Let’s not forget that we were involved in an auto accident, which probably means that our vehicle sustained some type of damage in the process as well. Remember, all of these can add up and in the blink of an eye leaving you, and your loved ones in a financial rut. Make sure when you are involved in an accident to contact a serious auto accident attorney immediately.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi auto accident attorneys by calling (601) 790-1505.

The road is one aspect in our lives that is presently all throughout the country. While we use the road for many things such as commuting, transporting much needed materials, or simply traveling, today, we use the road to ultimately live our lives. Today in our lives, we are not only responsible, but are also depended on to get tasks and errands done, and done so in a timely manner. Also, lets not forget about those in our lives that depend on us for their own commuting such as our children, and elderly loved ones.

While on the road today we would like to believe that the only issues we will face is that of having our radio stationed tuned properly, or having our air conditioning adjusted properly. Unfortunately, however, Mississippi drivers face bigger issues while on the road which is that of negligence, and distracted driving. Today, many individuals are under the impression they not only can multitask, but also do so behind the wheel of a vehicle while on the road. From texting while driving, personal grooming, showing a lack of attention to the road, or ultimately being negligent while behind the wheel not only endangers that driver of being involved in an auto accident, but also other drivers on the road as well.

When a driver not only participates in one, or both of these actions, they put their safety at risk, as well as other vehicle operators, and pedestrians on the road. Unfortunately, we are beginning to not only see an increase in the number of these accidents today on the road, but the true negative force of these accidents which leave individuals with property damage, personal injury, and even death.

Being involved in an auto accident is very serious regardless of how severe the accident is, or whether you think everything is alright or not. When you are involved in an auto accident of any kind it is extremely important that you contact an experienced auto accident attorney immediately in order to not only protect you, but also fight for your rights, your case, and the potential damages you may be entitled to.

At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at ((601)790-1505)  to see how we can help.

The majority of the time we can find ourselves behind the wheel of a vehicle each day whether we are running one of our many errands, commuting to and from work as usual, or simply running our kids from one activity to the next. Ultimately, our lives are spent on the road no matter how you look at it, especially being residents of Mississippi. When on the road we are generally focused about important aspects of our day, which usually vary with each sunrise, and sunset. Unfortunately, it is not always that of safety, which can lead to your involvement in an auto accident.

The Facts About Auto Accidents

Automobile accidents vary significantly, and have to be handled on a case-by-case basis. With every auto accident there are hardly ever exactly the same variables and instances as there were in another case whether it be whether conditions, the speed of the vehicles, how the accident took place, injuries that were associated with the accident, and even whether or not a driver in the accident was under the influence, or not. Ultimately, without taking every variable and aspect of an accident in mind you can easily face legal issues.

What An Attorney Can Do For You

However, individuals should never fear, especially when dealing with any kind of auto accident. By contacting an experienced, yet ultimately dedicated auto accident attorney you can count on the fact that your case will be taken care of in more way than one. When you have an experienced auto attorney on your side with your best interest in mind you can expect to be represented positively in court, and with your insurance agency in order to make sure you get the best outcomes that are associated with the needs of your vehicle, your health, and especially that of your wallet.

In our lives we depend on professionals for many things such as doctors to help us when we are ill, or in need of medical attention. When you are involved in an auto accident of any kind you also need a professional to help fight for your rights, your case, and your life. By putting your trust, and case in the hands of an auto accident attorney you can rest assure that you, and your loved ones will be taken care of, as you should be.

At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at ((601)790-1505) to see how we can help.