Drowsy Driving Causes Many Fatal Car Accidents in Mississippi

If you have ever driven late at night or after not getting enough sleep and drifted off behind the wheel, you know the feeling of panic when you suddenly realize that you have drifted off to sleep while driving. Despite awareness by most drivers that it is extremely dangerous to drive when tired, many drivers consistently engage in this unsafe driving practice.  A study conducted by the AAA Foundation found that 96 percent of drivers recognize that it is wrong to drive when so tired that one is struggling to keep one’s eyes open, but approximately a third of all drivers admit to doing so during the prior month.

The AAA Foundation also found that over 16 percent of all fatal car accidents involve a drowsy driver.  It is particularly concerning that drowsy driving is not a rare event for most drivers but a habitual pattern of driving behavior.  According to the National Sleep Foundation’s 2011 Sleep in America poll, ten percent of drivers report driving when drowsy as many as two times per week.

The magnitude of the danger of driving while drowsy can hardly be overstated.  When you are cruising down the freeway at 65 mph and dose at the wheel for even a few seconds, your vehicle can travel the length of a football field.  A driver who has been awake for twenty consecutive hours displays impaired driving skills comparable to a driver with a blood alcohol concentration of .08 percent BAC, which is the legal limit for drunk driving in Mississippi.

In some respects, drowsy driving is a more challenging Mississippi car accident risk than drunk driving.  Reducing drunk driving rates requires persuading drivers to take avoidable steps to avoid drinking and driving.  Drivers have less flexibility to avoid driving when tired because commutes to work are not optional like drinking at a bar or party.  The problem is becoming more significant because people are generally getting less sleep.  This is partially the result of financial pressure to work more hours and traffic congestion resulting in longer commute times.

Fatigue and drowsy driving is also a common cause of commercial trucking accidents, but anti-fatigue rules that regulate hours of service by truck drivers has reduced the number of fatigue based trucking collisions.  Trucking regulations that specify the number of consecutive hours, hours per week and length of rest periods help limit drowsy truck driving accidents.  However, no such limits apply to drivers of passenger vehicles so drowsy driving is a significant problem.

If you or a family member is injured or a loved one dies in a collision caused by a distracted driver, you may have the right to pursue legal action and obtain financial compensation for your injuries or loss.   The experienced Mississippi drowsy driving car accident attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mississippi Car Accidents Caused by Product Defects in Motor Vehicles

Everyday drivers in Mississippi are involved in serious accidents caused by careless drivers that violate traffic safety laws, fail to give undivided attention to one’s driving or engage in aggressive driving practices to get to one’s destination a few minutes faster.  While these types of unsafe driving are responsible for the vast majority of Mississippi traffic collisions, there are a fair number of accidents that are caused at least in part by defective motor vehicle components.  When you are involved in a collision caused by the failure of a component or system in your vehicle, you may be able to assert a product liability claim against the manufacturer of your car, truck or SUV.  Product liability claims against the manufacturers of motor vehicles require a law firm with extensive experience and substantial resources.  Barrett Law has been effectively representing those injured by the negligence of others in Mississippi for more than 75 years.

There are two basic types of motor vehicle defects: (1) product defects that increase the likelihood of a collision; and (2) product defects that cause more severe injuries when a collision occurs.  There are some defects that both increase the probability of a Mississippi motor vehicle collisions and the seriousness of injuries.  Faulty brakes are an example of the type of defect that makes a collision more likely whereas a defective seatbelt or airbag is the type of defect that may cause more serious injury though not raise the odds that a motorist will be involved in a Mississippi motor vehicle collision.  Defects like tread separation will both increase the likelihood of a collision if a tire blows out and also result in more severe injuries because the vehicle may rollover causing roof crush injuries or a vehicle ejection.

Some of the most common forms of motor vehicle defects that may cause Mississippi car accidents include the following:

Defective Safety Equipment: When an airbag or seatbelt fail they may leave a vehicle occupant unprotected in the event of a collision.  A seatbelt may have a defective buckle that does not fully engage or that releases in a collision.  The webbing of the belt itself may also be defective so that it rips or tears during a collision.  While some injuries are caused by airbags that fail to deploy leaving the driver or passenger without adequate protection during a collision, some airbags may independently cause injury.  Airbags deploy at enormous rates of speed so the timing of their deployment is critical to avoid injury.  If the airbag deploys too late or in a low speed collision, an overly aggressive airbag may slam into a vehicle occupant causing severe facial or head injuries including traumatic brain injury.

Tire Defects: When your tires have steel belts, it is critical that the rubber and steel belts properly bond during the manufacturing process.  When this does not happen, the tread can separate from the tire causing the tire to blowout.  Tire blowouts often result in rollover accidents, which are extremely dangerous because vehicle occupants may be ejected from the vehicle.

Defective Latch Systems on Car Doors: When a vehicle rolls in a collision it puts stress on the frame of the vehicle.  If the latch mechanisms on car doors are defective, it can cause the doors of the vehicle to swing open so that vehicle occupants may be thrown from the vehicle.

Unintended Acceleration Accidents: There are few experiences as frightening as having your vehicle suddenly accelerate uncontrollably even as you attempt to apply the brakes.  There are a variety of defects that may contribute to this type of accident including defective floor mats and electrical systems.  Because the vehicle may accelerate to high rates of speed, these accident may easily result in catastrophic injury or wrongful death.

If you or someone you love has been injured or a loved one dies in a Mississippi car accident caused by a defective car, truck or SUV, you or your loved one may have a right to seek compensation for any injuries or other loss.  The experienced Mississippi product defect car accident attorneys at Barrett Law have been providing effective representation to person injury victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Will Legalization of Medical Marijuana Increase in Mississippi Car Accidents

Mississippi is one of several states that will consider proposals to legalize medical marijuana later this year.  It is somewhat predictable that Mississippi might be a state on the forefront of this issue given that Mississippi is a producer of medical marijuana.  The University of Mississippi has long functioned as a marijuana research facility.  Ole Miss even grows and ships medical marijuana for use in other states where use of cannabis for medical purposes is legal provided it is prescribed by a physician.  Ole Miss even receives federal funds to promote research and production of medical marijuana.  Mississippi has also decriminalized marijuana up to thirty grams.

Despite where one stands on merits of legalizing medical marijuana, one issue that must be considered is how it might impact accidents involving impaired drivers.  Alcohol, which is legal and readily accessible to Mississippi adults, accounts for over 10,000 traffic related fatalities per year and accounts for 33 percent of accident related fatalities in Mississippi.  Alcohol is the most prevalent factor in collisions that result in injury or fatalities throughout the U.S.

One is left to wonder why we should be more optimistic that the legalization of medical marijuana would not result in an analogous surge in Mississippi car accidents caused by impaired drivers.  Some medical marijuana proponents argue that marijuana can be distinguished from alcohol use because it will only be legal for medical reasons.  It is theorized that because alcohol is used exclusively for recreational use this is why it results in a high rate of drunk driving.  It is also argued that drivers using medical marijuana may have less impairment of driving ability than those who consume alcohol.

A recent study suggests that this rather dubious differentiation may not have any basis in fact.  The recent study published in the British Medical Journal revealed that drivers who had used marijuana were twice as likely to be involved in an auto accident then drivers who were not under the influence of marijuana.  However, another recent study conducted by professors at the Universities of Colorado and Montana, which analyzed 19 years of data involving fatal accidents, found that accidents rates have declined by ten percent in states that have legalized medical marijuana.  The authors of the study argue that this does not simply reflect declining accident rates in states where medical marijuana is legal because alcohol related accident rates have remained relatively constant in these states.

The argument that somehow the clinical role of marijuana makes a difference is also questionable because of the growing number of motor vehicle accidents caused by drivers under the influence of prescription medications.  The theory that somehow limiting use to therapeutic purposes will prevent the drug from being ingested before motorist drive would seem to be no more valid than with prescription medications.

Law enforcement and public safety advocates argue that driving under the influence of any substance that causes impairment is dangerous.  Many car accidents are caused by some form of drug, including alcohol, prescription medications, over-the-counter drugs and illegal narcotics.  Those who oppose legalization of marijuana believe that anything that increases access or use of a drug will result in an increase in accidents involving impaired drivers.

If you have suffered serious injury caused by a driver under the influence of alcohol or drugs, you should seek immediate legal advice.  Most personal injury law firms in Mississippi offer a free consultation with no obligation so that they can assess the value of your claim, and you can obtain information about your options.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Road Rage & Aggressive Driving: Different but Unacceptable Driving Practices

While many people use the terms “aggressive driving” and “road rage” interchangeably, they distinguish two very different kinds of conduct.  Aggressive driving is defined by the National Highway Traffic Safety Administration (NHTSA) as engaging in multiple violations of traffic safety laws simultaneously putting other motorists and pedestrians at risk.  While aggressive driving may constitute reckless conduct and justify an award of punitive damages to discourage such unsafe driving practices, road rage involves intentionally threatening or attacking another motorist often with a weapon and constitutes a criminal act, which will usually justify punitive damages.

Aggressive driving is rude inconsiderate driving that frequently includes multiple traffic violations including tailgating, weaving in and out of traffic, speeding and unsafe lane changes.  Drivers that engage in aggressive driving in Mississippi often are rushing to meet unrealistic schedules and annoyed by traffic conditions that slow aggressive drivers down.  Drivers that engage in aggressive driving practices not only put themselves at risk but may force other drivers who engage in emergency or unsafe maneuvers to avoid a collision. For example, when an aggressive driver tries to pass on the shoulder of the roadway, this may startle a driver in the lane closest to the shoulder so that they veer into another vehicle causing a collision.

When a driver engages in a pattern of motor vehicle violations that place other motorists and pedestrians in danger, the aggressive driver may be strictly liable for injuries caused by his or her unsafe driving practices. The doctrine of negligence per se essentially provides that if a driver violates a driving safety law, which causes injury to someone with whom they share the road, they may be strictly liable for any damages. If a driver engages in certain combinations of driving violations that constitute aggressive driving, such as driving at high speed rates of speed while swerving in and out of traffic, this may also constitute grounds for imposing punitive damages.

While aggressive driving may be unsafe and even reckless, it does not constitute an intentional criminal offense intended to cause injury to another.  Road rage is an intentional criminal act designed to inflict physical injury. Common examples of road rage may include ramming another vehicle or pedestrian, running a vehicle off the road, shooting into another vehicle with a firearm or other violent criminal violent acts.  Because road rage behavior will generally constitute a criminal offense, a civil lawsuit will typically follow a criminal prosecution. It can be significantly easier for a victim of road rage to pursue civil litigation when there has already been a finding of guilt in a prior criminal case. Because road rage attacks are intentional criminal acts, they generally result in an award of punitive damages against the perpetrator.

While aggressive driving and road rage are two very different types of driving behavior, they are both completely unacceptable and place the safety of others in immediate jeopardy. If you or someone you love has been the victim of a road rage incident or accident caused by aggressive driving in Mississippi, the experienced Mississippi aggressive driving accident attorneys at Barrett law may be able to help you seek compensation for your injuries or loss.  Our Mississippi road rage attorneys are committed to the principle that those who engage in wrongful conduct must be punished and victims should be compensated.  The experienced Mississippi aggressive driving accident attorneys at Barrett Law have been providing effective representation to Mississippi bus accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Why You Need a Personal Injury Attorney for Your Car Accident Claim

If you are involved in a serious motor vehicle accident whether it involves a passenger vehicle, motorcycle, tractor-trailer, bus, bicycle or pedestrian, the injuries you suffer can be devastating and impact virtually every aspect of your life.  Severe injuries suffered in a Mississippi motor vehicle accident can impact your employment, marital relationship, family interactions and daily activities.  While obtaining substantial financial recovery in a Mississippi personal injury lawsuit can play a substantial role in your ability to obtain the best medical and rehabilitative care and to preserve your quality of life, many people make the regrettable mistake of presuming that they do not need a personal injury attorney.

Insurance companies handle thousands of accident claims each year and have the resources and experience required to effectively minimize the value of claims or avoid liability altogether.  The typical insurance carrier will have a team of attorneys and experts that are experienced in developing defense strategies to avoid fairly compensating victims.  There are many substantive and procedure defenses and strict timing requirements that are unfamiliar to the typical layperson which an insurance company may exploit to deny a claim.

The cost to effectively litigate a personal injury lawsuit in a motor vehicle accident case can easily reach into the tens of thousands of dollars.  Insurance companies may hire accident reconstruction experts to argue that an accident victim caused the collision or medical experts to explain to a judge or jury why one’s injuries could not have been caused by the motor vehicle accident.  When you work with an experienced Mississippi personal injury lawyer at Barrett Law, we typically advance the costs of litigation so that the insurance company cannot simply win a war of attrition by making it impossible for you to afford the cost of effectively litigating your case.

An accident victim that attempts self-representation in a Mississippi personal injury lawsuit is also at a great disadvantage because of the complexity and terminology involved in understanding the law.  Mississippi insurance defense attorneys have the specialized training and experience to know what legal and procedural strategies are effective.  A layperson has little chance of successfully navigating a civil lawsuit against a licensed attorney.  The court will hold a layperson to the same rules of evidence and procedure that an attorney is expected to follow.  These rules are often extremely complex and convoluted.

An insurance company is well aware of their advantage when facing a party that is not represented by counsel in a personal injury lawsuit in Mississippi.  The insurance company has little incentive to offer any meaningful settlement offer because the insurer knows that it has the advantage if the case goes to trial.  The insurance provider also understands that an inexperienced layperson does not know how to determine if a settlement offer is reasonable.  This means that even if an offer is made to settle the personal injury claim it will typically be for far below the actual value of the claim.

Because personal injury law firms like Barrett Law work on a contingency basis, there is really no financial advantage for a motor vehicle accident victim to try to go it alone against an insurance company.  Our Mississippi personal injury law firm generally advances all costs and does not receive attorney’s fee unless we recover against the defendant.  This means that we assume all the risk and provide the knowledge and expertise to ensure the best chance at a favorable outcome.  If you still have questions about why our Mississippi personal injury lawyers at Barrett Law can help you obtain the compensation you deserve, we invite you to contact us to learn how we can help.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Defective Tires May Cause Serious Mississippi Car Accidents

China has surged in the production and exportation of manufactured products including tires, but tires like other products imported by China sometimes lack the quality control and workmanship to make them safe.  While defective products imported from China have routinely made recent news reports, the prospect of injury from defective tires may be more concerning than other reports of defective products manufactured in China.  Some manufacturers of motor vehicles in the U.S. have chosen to outsource the production of tire valve stems to a China company that has produced defective valve stems, which have been installed on millions of new cars manufactured in the U.S.  The defective tire valve stems have already prompted a Florida wrongful death lawsuit.

These defective tire valve stems were manufactured by Top Seal, which is a subsidiary of Shanghai based Baolong Industries.  The valve stems have become a major issue because the faulty tire valve stems have been used in tires by major tire retailers, such as Discount Tire Stores.  These defective valve stems increase the risk of a tire blowout, which may result in a loss of control, run off the road or roll over accident.  The defect has been determined to have been caused by erroneous mixing of the rubber during the fabrication process.

There are a number of factors that contribute to Mississippi car accidents caused by defective tires.  These defects include the following:

Tire Tread Separation: This defect is caused by inadequate bonding of the tire tread to the steel belt when the tire is manufactured.  Tread separation has been the cause of numerous tire recalls and may be the cause of a rollover accident.  The risk posed by tire tread separation is particularly dangerous when the vehicle involved is an SUV or 15-passenger van with a high center of gravity.  These types of vehicles are particularly susceptible to rollover accidents that are often caused by tire blowouts.

Old Tires: Tires undergo chemical changes over time so old tires are more prone to blowouts.  Sometimes a tire remains in the inventory of a tire company for an extended period; the manufacturer or retailer may be liable if the tire blows out because a tire was actually much older than represented when the tire was purchased.  If the tire is old, it does not matter if there is a lot of tread and the tire does not look worn.

Selling Used Tires as New: If you purchase tires that are marketed by the retailer as new but are really used tires, you may have a legal claim against the retailer and others if it causes a Mississippi car accident.

If you or a close family member has suffered severe injuries or you have lost a loved one in a Mississippi motor vehicle accident caused by a tire blowout, you may be entitled to damages for your injuries. The experienced Mississippi personal injury attorneys at Barrett Law have been providing tenacious representation to Mississippi car accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Liability of an Employer for an Employee’s Car Accident

Many people are involved in collisions with people that are driving company vehicles.  These may be either employees of private companies or public employees.  While a driver may be liable for injuries even if the driver is engaged in employment and driving a company car, there are many situations where the company that employs the driver is a more feasible defendant.  An employee may not have insurance and may have limited assets to pay a personal injury judgment.  While you may be able to successfully pursue a claim against the driver’s employer in such situations, this is not always the case.  This issue is particularly relevant with the growing trend of cell phone use for calling and texting while employees are working.

Texting or talking on a cell phone when driving is a visual, mental and physical distraction that creates a significant risk of being involved in a collision.  An employee generally is liable for injuries caused to third parties in an auto accident if the injuries occurred in the “scope of employment.”  This essentially means that the employee is doing something that is beneficial to one’s employer.  The trip does not have to have been specifically requested nor does it even need to occur during business hours.  If an employee decides to pick up blueprints on the way home from the office to save one’s employer a trip, this may be sufficient to be within the scope of employment.  If an employee is in an accident while on the way to the grocery store after getting fast food for oneself while driving home from work, this generally is not within the scope of employment.  There is lots of grey area between these two scenarios so it is a good idea to seek legal advice from an experienced Mississippi personal injury lawyer in either situation.

If any employer encourages their employee to use their phone while on the road or tacitly approves such conduct, this may serve as a basis for finding an employer liable if the employee is conducting some form of company business.  However, even if an employer does not specifically instruct an employee to use a cell phone or provide a company phone, this does not necessarily mean that an employer is not liable for an auto accident involving an employee.  In such situations, our experienced Mississippi car accident lawyers will carefully investigate to determine the employer’s policies regarding cell phone use when driving, enforcement of such policies and the purpose of the driving excursion.  Because the factual scenarios can be extremely complex, these cases often turn on their individual facts.

If you are involved in a Mississippi car accident with an employee of a company, the experienced personal injury attorneys at Barrett Law can evaluate the circumstances of your Mississippi car accident so that we can advise you of your rights and options. The experienced Mississippi car accident attorneys at Barrett Law have been providing tenacious representation to car accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Have Measures to Reduce Teen Car Accidents Been Effective

Accident rates and traffic fatalities have always been higher amongst inexperienced teenage drivers.  Motor vehicle accidents cause one in three teen deaths in the United States annually.  On an average day, approximately eight teenagers aged 16 to 19 die in fatal car crashes.  When examined on the basis of the number of miles driven, teenagers in this age group are four times more likely to die in a car crash than more senior drivers.  Teenage drivers are involved in a substantial number of accidents because of inexperience, risk taking behavior and an unrealistic assessment of their own driving abilities.

One program that has been lauded as having a substantial impact on reducing the number of car accidents involving teen drivers and reducing teen accident fatality rates are graduated licensing programs which have been adopted in all states including Mississippi.  Graduated driver’s license programs are designed to grant driving privileges to new inexperienced teen drivers in stages so that the number of risk factors for new drivers is reduced.  For example, a new teen driver with an intermediate license in Mississippi is not permitted to drive at night between the hours of 10 PM and 6 AM unless there is a supervising adult driver in the front seat of the vehicle.  Teen drivers are also prohibited from text messaging while driving.

It has been widely accepted that graduated driver’s license programs are an effective means of reducing car accidents involving teen drivers.  Unfortunately, a new study reported in the Journal of the American Medical Association (JAMA) indicates that the benefits that were believed to have been generated by graduated driver’s license programs in reducing teen accident rates and teen car accident fatalities may be illusionary. The study which involved analyzing a broad range of car accident data suggests that the restrictions may simply delay teenage accidents until teenagers have obtained their unrestricted license.

Graduated driver’s license programs have been thought to be so successful that a version is now the law in all 50 states and the District of Columbia. Though there are variations between the states in terms of how these programs work, the philosophy behind the programs is similar to the program in Mississippi.  They are a system for granting driving privileges in stages that allow inexperienced new drivers to gain driving experience while reducing accident risks by gradually introducing more challenging driving situations.

Previous studies that were conducted to evaluate the effectiveness of graduated licensing programs found as much as a thirty percent reduction in teen accidents for the most inexperienced teen drivers age 15 to 17. While the new JAMA study confirmed that graduated driver’s license programs appear to reduce teen accident rates for the most inexperienced drivers much of the gain is offset by an increase in accident rates amongst fully licensed 18-year-old drivers. The JAMA study found that when accident rates were compared in states before and after the implementation of graduated licensing programs the car accident rate for 18-year-olds increased by twelve percent after enactment of a graduated licensing program.

The researchers suggest that the results may mean it is important to more gradually phase out restrictions that apply to intermediate driver’s licenses.  The researchers also suggest that the spike in accident rates for teen drivers who are 18 may be partially linked to drivers waiting longer to seek a license so that they will not be subject to the restrictions.  At Barrett Law PLLC, we have seen the tragic consequences of teen inexperience behind the wheel.  Teen driving accidents in Mississippi cause many serious injuries and fatalities.  If you are a teenager injured in a Mississippi car accident or another driver injured in a collision with a Mississippi teen driver, our experienced teen car accident lawyers have helped many people just like you obtain compensation for their injuries.  We will evaluate your Mississippi car accident claim so that we can assess you of your rights and options so call us at 662-834-2376.

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How Depression Can Follow a Severe Mississippi Car Accident

Many people who have suffered a car accident are surprised when they find themselves later on simply unable to shake the depression which seems to have invaded their lives. Accidents can occur at any place and time, and with our increasingly busy roadways the chances you will be involved in an auto accident are higher than you would want to think.

With over 5.5 million car accidents in the United States each year at any given time there are literally thousands of Americans struggling to heal from injuries sustained in an auto accident—some of which are not as apparent as others. Even relatively minor auto accidents can bring about long-term anxiety, fears about driving or riding in a car, and an all-encompassing depression which makes it difficult to get through your day-to-day activities and to enjoy the things you once enjoyed.

How Common is Depression Following an Auto Accident?

It is believed that as many as one third of all people who’ve been involved in a non-fatal auto accident will suffer from persistent anxiety, depression and PTSD a year following the accident. Even when the accident was not considered to be especially serious in the medical sense, there can be moderate to severe psychological complications. Surprisingly, those who suffered the most persistent forms of depression were typically passengers in the auto accident rather than the driver.

Symptoms of Depression

Those who are suffering psychological problems following a car accident can feel a range of emotions, from mild anxiety when riding in a car to a total inability to travel in an automobile. Depression can bring on feelings of hopelessness, a loss of interest in your regular daily activities and an inability to sleep. You may feel agitated, restless and irritable and have a low tolerance level. People who suffer from depression may feel constantly fatigued or physically drained, and can have trouble focusing, making decisions or remembering things.

In its more extreme manifestations, the person who is under the grip of depression may engage in reckless behavior such as substance abuse, compulsive gambling or dangerous sports as a method of escaping from their feelings.  Those who are suffering depression as the result of an auto accident may feel an overwhelming sense of anxiety and dread when passing the site of the accident, riding in the vehicle which was involved in the accident or even traveling on similar road conditions. Depression can affect your work and your relationships and requires professional attention.

Treatment for Depression Brought on By an Auto Accident

If you’ve been suffering from depression for more than a month or so following your accident, it’s time to get help. It’s important to see a therapist who has experience dealing with the trauma which can follow an auto accident. You may be prescribed medications in the form of antidepressant drugs along with regular therapy which can include anxiety management, breathing and relaxation exercises. In some cases more experimental therapy can include light therapy or other forms of alternative therapies. It takes time to heal, and it’s important that you not become discouraged.

Getting the Legal Help You Deserve

While getting medical help is essential following your auto accident, it may be just as important to get legal help. If your accident was due to the negligence of another person, and you find yourself unable to continue your life as it was prior to the accident, an experienced personal injury attorney can help you determine whether you can recover damages for your accident. Your emotional pain and suffering are every bit as important as your physical pain and depression treatment can be long-term and costly. An attorney who is knowledgeable about the effects of depression following an accident can be your best ally when dealing with the aftermath of a car accident.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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How is Pain and Suffering Calculated in a Personal Injury Claim?

If you have been involved in a car accident which has left you with long-term, serious and even traumatic injuries, you may be entitled to reimbursement for your physical discomfort and emotional trauma. You are probably wondering, however, just how your chronic pain or emotional suffering can be equated with a specific dollar amount. In order to get to this figure there are calculators which are used, and which you can likely find online which give you a rough idea. If you are the victim of serious injuries, and emotional pain is a factor, you must have a knowledgeable attorney who can guide you in the determination of what your discomfort, both mental and physical is worth–on a monetary level at least. Once the two of you have made that determination, it is up to your attorney to convince the other party’s insurance company to see it the same way.

How Do You Figure Pain and Suffering?

The short version is that you will add your pain and suffering amount to your detailed costs for medical bills, lost wages and other related damages, then you will provide the argument which supports the requested settlement amount. In other words, suppose you returned to your job, even though your injuries were still very much in evidence and they were causing you constant pain and suffering. Even though you were back at work and bringing in a paycheck, it is highly likely that your pain would be harmful to your job, damaging your ability to make money. This amount could be included in the total damages requested. By the same token, if your job requires you to sit at a computer all day, and your back was injured in the accident, even if you return to work the pain you experience will make your job much harder than it normally is.

How Much Was Your Life Affected?

Many times compensation for emotional trauma and chronic, physical pain is calculated based on the extent your life has been altered or affected by your injuries. If you’ve undergone an injury which will resonate in your life for months or years to come, the higher pain and suffering award you are likely to get. Similarly, the more ways your life is adversely affected, the higher the damages, and if the injury is considered long-lasting, or results in a noticeable disfigurement or disability, damages go up even higher. Of course when talking about a scar, it is generally considered that when a younger person sustains a scar on their face it is warrants more attention than when an older person suffers a scar on their leg or any other place where it is not particularly noticeable. As you can see, determining how much of your life was impacted because of your injuries and resulting pain and suffering can be a delicate process.

Times Five?

One way to arrive at a figure for emotional trauma is to rank your specific levels of chronic pain and emotional distress from one to five, with five being the most serious, then times that number by the rough estimate of damages you’ve arrived at with your attorney’s help. It’s important that you calculate this realistically, however, because if your pain and suffering is really only a one, but you decide to times your damages by five in hopes of being able to quit work for a while, not only will the insurance adjuster assume you are trying to scam the system, but so will a judge, meaning you could end up with nothing instead of ending up with a fair settlement.

Pain and Suffering is Relatively Intangible

Pain and suffering is a relatively intangible issue, yet can affect your life in serious ways. Your levels of pain and suffering may include embarrassment from scars or other disfigurements, a permanent disability which will change your life forever or even the loss of enjoyment of your life and hope for your future. More specifically, an auto accident can leave you with anger, loss of appetite, chronic anxiety, loss of your chosen career, may leave you unable to concentrate or confused, could cause you to cry for no reason (often), could leave you with chronic depression and an inability to enjoy your former life, or could leave you with unwarranted fears, a feeling of hopelessness, may give you nightmares or may even negatively impact your existing relationships. It’s important that you have an attorney who will be your advocate and work aggressively to get you the compensation you need and deserve.

Call and speak with an experienced Mississippi personal injury lawyer from Barrett Law, PLLC.  Be sure to visit our web blog for more helpful information about your case or call us for a free consultation to answer your important questions.

The attorneys at Barrett Law, PLLC serve people throughout Mississippi including: North Mississippi, Jackson, Hattiesburg, and the Mississippi Gulf Coast.

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