Experienced Mississippi Personal Injury Attorney Explains: Steps You Should Take if You are Injured While Driving a Truck for Work

Anyone who spends any time on Mississippi’s roads knows that many people are driving big rigs for a living. If you drive a commercial vehicle, you know that its massive weight has the potential to cause serious harm in the unfortunate event of an accident. But what should you do if you are injured in a crash while you are driving a truck for a living?

 

If you have been injured in a trucking accident, you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

 

Essential Steps to Take if You Are Injured in an Accident

 

Call the Police—Whenever an accident occurs, set out flares, move away from the accident scene, and call the police. They are important for a variety of reasons. First and foremost, they can make sure the scene is safe and that anyone who requires medical attention gets it. Second, if you require medical care, the police will call in EMT’s to assess your injuries. Finally, the police will usually take pictures and measurements to document the accident site. Both the documentation of your injuries and the crash site will be vital if you have to make a personal injury claim later.

 

It is important to be treated by EMT’s even if you feel unhurt. You are likely in shock and are unable to judge whether you are hurt or not. Even if you are unhurt at that moment, you will want the EMT’s report to serve as a baseline if a medical condition develops later.

 

Take Pictures—If you are physically able, take as many pictures as possible of the crash scene. If your camera has a time stamp feature, use it. When taking pictures, be sure to get clear photos of the entire crash site, including skid marks and debris that has disconnected from your truck. If possible, take pictures so that there is an object in the frame such as a fire hydrant or guardrail to provide scale.

Gather Witness Information—While the police may get the names of witnesses, you should not leave that up to them. Get the names and contact information of all witnesses. Note that they are continuing to be a witness when you speak to them. By that I mean that you should speak to them in a calm, level-headed manner; if you come across as wild or out of control, that perception may play into how they portray the accident and your injuries later.

Call Your Employer or Contractor—Contact the trucking company you drive for immediately. Remember that “whatever you say may be used against you” later—stick to the facts. Avoid taking any blame for the accident, as until a thorough investigation occurs there is no way of knowing what or who caused the accident.

Preserve All Records, Photos, and Documents—If you have been injured, the trucking company that employs you will likely try to shift blame to you, claiming that you had not gotten enough sleep or that you were distracted. In this situation, maintaining all driving records, photos, and log books will be critical to show that you did not cause your injuries.

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

If you or a loved one was injured in a trucking accident, you might have a viable claim for compensation for your injuries, loss of work, and other losses. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s attorneys. These are important tasks that a personal injury attorney can handle for you while you concentrate on healing.

 

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Experienced Mississippi Personal Injury Attorney Explains: What Is Premises Liability?

One of the most common claims that clients here in Mississippi ask me about is “slip and fall” cases. People often believe if they are injured on another person’s property, they are due a large cash settlement. While that can happen, it is rarely that straightforward.  That said, landowners and landlords can be liable for injuries you experience on their property, but liability depends on a theory called “premises liability.”

If you or a loved one was injured due to a hazardous or unsafe condition on another’s property, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What is Premises Liability?

A person who opens up a building or property to the public must keep it reasonably safe. Landowners and landlords have a duty to protect visitors from harm on their property reasonably. If their construction or maintenance of their property is not reasonable and that failure results in an injury, they may be held legally liable for all injuries incurred by the visitor. Damages routinely include pain and suffering, compensation for medical bills and loss of wages, as well as damages suffered by family members such as loss of consortium.

How Does a Premises Liability Case Work?

At its core, a premises liability case relies on the notion that a building or property was unreasonably unsafe. The inverse of that argument is that the injured person must not themselves be to blame for their injuries. Finally, the injuries must be caused by the incident and cannot be preexisting.

Imagine that a person was injured due to a slip on an icy spot on a sidewalk leading into a supermarket. The injured person would have to show that the supermarket’s maintenance of the sidewalk was unreasonable and that a reasonable supermarket would have kept that spot ice-free. However, if the supermarket can show in response that there was a sign warning about icy spots, that the person was under the influence of alcohol at the time he slipped, and that the person was distracted by a conversation on his phone, the supermarket may be able to show that the injured person’s behavior was actually more of a cause of their injury than the ice. That back and forth comparison is called “comparative negligence” analysis, and the injured party must show that they were less than 50% at fault. In Mississippi, just because the plaintiff—the injured party—is partially at fault does not mean that they cannot recover for their injuries. In the example above, the injured party’s recovery would be proportionate to their degree of fault. Given the facts above, they may recover little or nothing.

Similarly, the injured party must show that the premises were the cause of the claimed injuries. For example, if the slip and fall in the above hypothetical case resulted in a broken leg, that would be a pretty clear-cut result. Of course, that assumes that the person who fell did not already have a broken leg when they walked up to the icy sidewalk. While that is a fairly clear example, back injuries, head injuries, and other strains and sprains are not as easily connected to a specific event. For example, a person’s back may be injured after a slip and fall, but the fall in question may have only aggravated a serious preexisting condition. The same is true for head injuries, which may be caused by a lifetime of sports-related trauma, only to be exacerbated by a fall. In those cases, proving that the symptoms you seek to be compensated for are caused by a specific incident can be quite challenging. A tremendous amount of time is often spent working with medical experts, who can help distinguish preexisting injuries from those caused by unsafe premises.

What Should You Do If You or a Loved One Has Been Injured on Another’s Property?

If you or a loved one was injured due to an unsafe condition on another’s property and suffered subsequent injury, you may have a viable premises liability claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the opposing party’s attorney.  These are important tasks that a personal injury attorney can handle for you.

Call the seasoned Mississippi Personal Injury Attorney at 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: How the Doctor-Patient Relationship Affects Medical Malpractice Claims

If you have sought treatment here in Mississippi for any serious medical condition lately, you know that you are not simply being cared for by a single doctor. Because of the complexity of modern medicine and the specialization of medical care, you were probably poked and prodded and reviewed by a host of medical professionals. Which one of those medical professionals “treated” you? That is a key question if an error occurs that harms you, as a to establish medical negligence or malpractice claim, a doctor-patient relationship must exist. It is often difficult to determine who made the medical error that resulted in your injury, and then a second inquiry must be made as to whether a doctor-patient relationship existed.

If you were injured or a loved one was injured or killed as a result of medical care, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

A Hospital Hypothetical

Imagine your spouse go to the emergency room for gastrointestinal problems that are causing severe heartburn. The emergency room physician that treats her thinks she may have an ulcer but is not sure. She provides her prognosis to a gastroenterologist on staff, who confirms that your wife’s symptoms likely are an ulcer and to treat them accordingly. Several weeks later, when your wife’s conditions do not improve, further testing reveals that she has stomach cancer. As a result of the delay, your wife’s cancer spreads, requiring extensive treatment, expense, and loss of work. Who is to blame for that misdiagnosis?

Why the Doctor-Patient Relationship is Important to Malpractice Claims

To prove negligence or malpractice several steps, or elements, must be shown:

(a)    First, there must be a doctor-patient relationship;

(b)    Second, the doctor must meet a reasonable standard of care under the circumstances;

(c)    Third, the doctor’s failure must cause harm.

You cannot prove negligence without all three elements. Accordingly, determining whether there was a doctor-patient relationship in (a) is critical to having any case at all. Generally speaking, a doctor-patient privilege is created when a physician takes responsibility for a patient’s care. It generally does not exist when a doctor simply provides information or an informal consultation regarding another doctor’s patient. So in the above scenario, the emergency room doctor would have a doctor-patient relationship with your hypothetical injured wife, but the gastroenterologist whom she consulted likely would not.

The “standard of care” in (b) above is much higher for a gastroenterologist than it is for an emergency room doctor; as a result, it is harder to show that the emergency room doctor violated the standard of care if the error in diagnosis is so subtle than an emergency room doctor would not be expected to diagnosis it. On the other hand, a gastroenterologist may be expected to make that diagnosis given his or her specialized training. Therefore, the viability of your negligence claim may depend on establishing that the gastroenterologist had a doctor-patient relationship with you in addition to the emergency room doctor.

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

If you or a loved one was injured or killed as a result of a medical error, you may have a malpractice claim. Let the seasoned Mississippi Personal Injury Attorney take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s attorneys. These are important tasks that a personal injury attorney can handle for you and that you cannot handle alone.

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Experienced Mississippi Personal Injury Attorney Explains: The Emergency Medical Treatment and Active Labor Act

It is sad that many people in the United States cannot afford reasonable access to health care. This problem is pervasive and is especially problematic here in Mississippi. Sadly, the emergency room becomes the primary-care physician for many people. And if you think back to the 1980’s, there was a persistent healthcare nightmare depicted on the nightly news—individuals desperately in need of medical care being refused service at private hospitals and being transferred or “dumped” on publicly funded medical facilities with no capacity. In 1986, this practice became illegal in the United States when Congress passed the Emergency Medical Treatment and Active Labor Act or EMTALA. The EMTALA guarantees people emergency medical treatment if they need it, regardless of their ability to pay.

If you or a loved one was removed from a private medical center when you needed emergency care or were in labor, you may have a claim under the EMTALA, especially if you were harmed as a result of the transfer or delay in treatment.  Similarly, if you reported this conduct and were retaliated against by your hospital, you may also have a claim. If you think you may have a claim under the EMTALA, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

What are EMTALA’s Requirements for Hospitals?

The EMTALA only applies to hospitals with an emergency department, so it will not apply if you were simply refused service at a specialty medical center or any other medical center lacking an emergency medicine department, as the law only applies to “emergency medical conditions.” Under the EMTALA, a qualifying hospital must:

  • Provide necessary screening and stabilization to anyone seeks treatment for an emergency medical condition or is in labor;
  • Provide an appropriate transfer to an appropriate hospital that has the capacity to treat the patient if the patient requests the transfer or the treating hospital lacks capacity;
  • Not delay treatment or examination simply to investigate a patient’s ability to pay;
  • Accept transfers from other hospitals if the transferred patient is in need of a specialty that the receiving hospital has a specialty in providing and capacity to provide treatment;
  • Obtain written documentation of a patient’s refusal of examination, treatment, or transfer;
  • Not retaliate against medical personnel who enforce EMTALA or report a violation of it.

What is a Qualifying “Emergency Medical Condition” Under the EMTALA?

An “emergency medical condition” is a situation that places the patient’s health in jeopardy, which means impairment of bodily functions or danger to any organ or body part. It also includes jeopardy to an unborn child.

If a patient is suffering from an emergency medical condition, they must be admitted, screened, and stabilized. If that hospital has the capacity, they must be treated there. If they are transferred when from a hospital that can treat them, the hospital may be liable for an EMTALA violation.

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

If you or a loved one was transferred from a hospital for financial reasons and suffered subsequent injury, you may have a viable claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the hospital’s insurance company. These are important tasks that 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 medical injury. Contact us now at (601) 790-1505.

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Experienced Mississippi Personal Injury Attorney Describes How to Strengthen Your Personal Injury Case

I sometimes meet clients who failed to attain legal advice regarding a life-altering injury. These folks lost so much due to their injury, yet simple mistakes kept them from being compensated. A simple mistake can mean the loss of your home and financial ruin for your family. I wrote the following blog post to help individuals and families avoid costly mistakes.

If you have been injured, you must find experienced counsel to help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured.  Contact us now at (601) 790-1505.

Four Steps You Can Take to Protect Your Personal Injury Claim

Do Not Admit Apologize or Admit Fault—It may seem civilized to apologize for an accident, even when the accident is not your fault. The truth is, it is challenging to know who caused an accident, so any apology is premature. Worse yet, your apology or admission will be used against you by opposing counsel. Instead of admitting fault, ask anyone else involved in the accident if they are alright and only relate the facts as you saw them to law enforcement.

Seek Medical Attention Immediately—It is vital that you seek medical care for your injury immediately upon being injured. First, you want to make sure that you are not injured. Second, even if you feel unhurt, you are likely in shock and are unable to assess yourself accurately. Finally, and perhaps most importantly, even if you feel alright, it is essential to have a physician perform an exam. Many times, serious injuries do not arise until later, and if you wait to seek medical attention until then, there will be no “baseline” of your physical condition. The problem with not having a baseline is that opposing counsel will claim that your injuries arose as a result of an unrelated incident that occurred after the accident in question.

Once you see a physician, follow his or her orders precisely. If you fail to follow your doctor’s instructions, that failure will be used against you as an explanation for your injuries.

Save All Documents and Evidence—Once you are home from your medical examination, begin saving all documents, pictures, and bills related to your injury. Every record will be critical to either proving your injury or calculating the compensation you are due. Another focus should be organization; while it is possible to keep all of these documents in a box, it is not advisable. Instead, digitally scan and save each document into an electronic file. Also keep a paper record in a carefully organized binder with different sections for accident information, injury details, insurance company correspondence, and bills.

Keep Off Social Media—People love to post their trials and tribulations on social media. While fun, these posts can ruin your case. You may feel better after weeks of pain. If you post, “finally, I feel like my old self again!” An opposing attorney will argue that you are not due for any medical treatment or pain and suffering after that post. That may be the case even if your pain lingers for another year or two.

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

If you or a loved one was injured, you might have a viable claim for compensation for your injuries, loss of work, and other harm. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your opposing attorneys. These are essential tasks that a personal injury attorney can handle for you while you concentrate on healing.

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: Fetal Stroke Malpractice Claims

There is nothing sadder than the death of a child. It pains me terribly when clients meet with me after their child has been injured or killed, and whatever I feel is nothing compared to their pain. That pain is compounded when the injury or death was caused by another person’s negligence. That negligence is made worse when the person or person who injured the child was a medical provider charged with healing them.

Fetal Strokes

A stroke is an event where blood flow to the brain is restricted, causing death of brain cells, brain damage, and death. Many types of injuries result from a stroke, including cognitive deficiencies, epilepsy, and cerebral palsy. A “fetal stroke” occurs while the baby is the womb.

As a personal injury attorney, injured people often meet with me to ask whether they can bring a claim against a doctor, nurse, other medical professional who may have caused a fetal stroke, leading to an injury or death of a child.  As a result of these frequent inquiries, I thought it would be useful to describe what makes a fetal stroke claim in Mississippi. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a medical provider. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

What is Negligence?

Believe it or not, accidents do happen. There is a difference between something accidentally or unavoidably occurring during a medical procedure and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is medical negligence different from an accident? Negligence means that a health care professional or health care-associated establishment fails to provide care in line with the generally accepted standard of care, and the individual is injured as a result.

What Does the “Standard of Care” Mean?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. This failure may be due to a physician or medical provider not staying current with their training, a failure to perform the correct procedure at the right time, a failure to adequately supervise or train nurses and other support staff, or poor sanitation within the medical environment.

What is the Standard of Care in Fetal Stroke Cases?

Fetal stroke can have a number of causes, one of them being medical malpractice. Commonly, I see cases here in Mississippi where a physician inappropriately uses a vacuum extractor during labor or where efforts to pull a baby through the birth canal result in harm to the child’s nervous system.

What Should You Do If Your Child Suffered a Fetal Stroke?

If your child was injured or killed as a result of a fetal stroke, no amount of legal help will ease your sadness. However, some of the neurological conditions caused by fetal stroke are extremely expensive, and you deserve to be compensated if those conditions were the result of malpractice. Sadly, I sometimes speak with Mississippi clients whose children have died as a result of fetal stroke; they are sometimes offered a quick settlement in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as tempting as they may be at the time.

Instead, contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that an only a personal injury attorney can handle for you. If they are handled poorly by an attorney without numerous personal injury cases under his or her belt, they may be done ineffectively, costing you a tremendous amount of compensation.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury that you believe is due to medical malpractice.

Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains: Deep Vein Thrombosis Malpractice Claims

Deep vein thrombosis is a serious condition that kills too many good people here in Mississippi.  It is caused when a blood clot forms in a deep leg vein but also sometimes in the pelvis or in other parts of the lower body. Properly administered tests can detect these clots and allow for treatment. Detecting deep vein thrombosis is important, because if the clot dislodges it will travel through the blood stream to the lungs, where it cut off blood supply—a pulmonary embolism. Pulmonary embolisms are often deadly.

As a personal injury attorney, injured people often meet with me to ask whether they can bring a claim against a doctor, nurse, other medical professional who failed to catch deep vein thrombosis, leading to an injury or death of a loved ones.  As a result of these frequent inquiries, I thought it would be useful to describe what makes a deep vein thrombosis case in Mississippi. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a medical provider. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

What is Negligence?

Believe it or not, but accidents do happen. There is a difference between something accidentally or unavoidably occurring during a medical procedure and negligence. You cannot recover damages based simply on an unfortunate, unavoidable occurrence, but you may be able to recover a tremendous settlement once negligence is established. But how is medical negligence different from an accident? Negligence means that a health care professional or any other health establishment failed to provide care within the generally accepted standards of care, and the individual was as a result.

What Does the “Standard of Care” Mean?

Simply put, malpractice occurs when the patient’s medical care does not meet current medical standards. This failure may be due to a physician or medical provider not staying current with their training, a failure to adequately supervise or train nurses and other support staff, or poor sanitation within the medical environment.

How Does Standard of Care Affect Deep Vein Thrombosis Cases?

Imagine your leg starts to throb at work. The throbbing does not go away, so you go in to see a physician about it.  Imagine that he ignores possible symptoms of deep pain thrombosis, does not perform any tests, and treats you for dehydration-induced cramping. Imagine that two days later the clot in your leg breaks free from the vein it’s blocking and migrates to your lungs, causing a deadly pulmonary embolism. Your family could sue on those facts, claiming that your harm was a direct cause of your physician’s failure to meet the standard of care.

What Should You Do If You Suffer from Deep Vein Thrombosis Due to Malpractice?

If you were injured in the course of receiving medical care, contact an experienced personal injury attorney so that you can focus on yourself and on your healing process. Sadly, I sometimes speak with Mississippi clients whose loved ones have died as a result of medical malpractice. In either case, you may be offered a quick settlement after an accident in exchange for your agreement not to pursue a legal challenge.  Do not accept these “low-ball” offers, as tempting as they may be at the time.

Instead, contact an experienced personal injury attorney immediately. Let experienced personal injury counsel take care of preserving medical records, dealing with aggressive opposing counsel, attaining expert diagnoses, and dealing with insurance companies. These are important tasks that an only a personal injury attorney can handle for you. If they are handled poorly by an attorney without numerous personal injury cases under his or her belt, they may be done ineffectively, costing you a tremendous amount of compensation.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury that you believe is due to medical malpractice.

Barrett Law has the experience to take on defense attorneys and insurance companies that are focused on denying your compensation for your injuries.  Contact us now at (601) 790-1505.

 

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Experienced Mississippi Personal Injury Attorney Explains Hearing Loss Claims

Clients often come to me with questions about hearing loss, and they wonder whether they can recover damages as a result of this injury. Yes, hearing loss is a common type of injury, especially for those working in industrial environments. That said, if you experience hearing loss, there are a wide variety of factors that influence what sort of payment you can expect to receive. One thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation. Barrett Law has the experience to help you recover for hearing loss.  Contact us now at (601) 790-1505.

Hearing loss is a significant problem in the United States.  According to the Centers for Disease Control and Prevention’s (CDC) website:

Occupational hearing loss is one of the most common work-related illnesses in the United States. Each year, about 22 million U.S. workers are exposed to hazardous noise levels at work. Over 30 million U.S. workers are exposed to chemicals, some of which are harmful to the ear (ototoxic) and hazardous to hearing. In addition to damaging workers’ quality of life, occupational hearing loss carries a high economic price to society.

That quote raises an important point.  First, work related hearing loss is a serious issue. Second, while we commonly thing of very loud noises as the reason for hearing loss, exposure to toxic chemicals is actually a greater overall threat.  This is particularly an issue in Mississippi, as we have a high number of workers exposed to loud noises in the industrial and farming environment, as well as in the petrochemical and plastics industry, both of which utilize potentially ototoxic chemicals.

In particular here in Mississippi, the following industries have the high risk of causing hearing damage: manufacturing, construction, welding, carpentry, airport work, entertainment, and the military.

An employer or business can be liable for your hearing loss if you are negligently exposed to either sounds or chemicals that damage your hearing. “Negligence” has many definitions, but generally means that a person or business fails to act reasonably under the circumstances.  What is “reasonable” is often a point of much disagreement. For example, we have all spent an evening at a concert or bar and returned home to find our ears ringing. In that situation, while there was some effect on our hearing, it was short term and we chose to subject ourselves to it. It is probably not reasonable to expect the concert promoter to hand out ear plugs. However, a bartender or waitress working in that venue night after night might need those ear plugs to prevent permanent hearing loss, and it is may be un reasonable for his or her employer to not provide them.  The same “reasonableness” balancing must go on in each profession and activity.

One challenge of hearing injuries is that they often occur imperceptibly and gradually. As a result, it is easy for an employer or business to claim that they were caused by poor health, natural hearing degradation, or some other intervening cause. If you feel your hearing ability decreasing, it is important to see a doctor or audiologist to document any decline.

What Should You Do If You Suffered Hearing Loss?

If you believe you are suffering from hearing loss, document it. You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered hearing loss.

Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced.  Contact us now at (601) 790-1505.

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Experienced Mississippi Worker’s Compensation Attorney Explains: Why Employers Need to Provide Fall Harnesses to Employees

A common workplace injury here in Mississippi is falls. Injuries related to falls at construction sites, from roofs, and other elevated workplaces are very common, and they tend to involve more significant injuries because of the heights involved. These types of construct injuries are almost entirely preventable if an employer supplies an adequate fall harness and employees are trained how to use the harness appropriately. I stress the second point regarding training because a fall harness can actually cause injuries if it is not worn and used appropriately. Unfortunately, some employers do not take this simple step, which can result in serious injury and death. If you have been injured in a workplace accident, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured in a workplace fall or harness related injury.  Contact us now at (601) 790-1505.

A Fall Brings Many Risks

Imagine you are working as a roofer and are wearing an appropriate fall harness.  If you lose your footing and fall, you will likely tumble off the roof and then will be suspended by the harness and line it is attached to once the fall harness catches you. While this may seem like a good outcome, different types of injuries can result from even the short fall you took, and the harness itself can begin to cause injuries while you are suspended. So while you did not hit the ground, you may be injured from trauma caused by the side of the building, strangulation, or by the pressure caused by an ill-fitting harness. If you are working alone, hanging in the harness awaiting rescue can also result in a number of medical problems.

Factors in Fall Harness Injuries

Harness Fit—A properly fitted harness has to do several things. It must initially catch your fall and support you while you are suspended, but should not cut off blood flow.  Serious injuries and death can result from a harness that cuts off blood flow while a person is suspended or that suspend the person in a manner that causes further injury, such as strangulation. This also highlights why being suspended for too long comes with its own dangers.

Time Suspended—The longer you are suspended, the greater the chance that you will suffer immediate and long-term injury. Heart attack, stroke, heat exhaustion, and hypothermia are all immediate threats, while concussions, crushed veins and arteries, and many others may not manifest until much later.

Immobility—If your fall renders you unconscious, you will be unable to protect yourself from trauma caused by either spinning and hitting a hard object or from air or blood flow being cut off.

Health—If you are in poor health due to weight, smoking, or other preexisting conditions, your fall injuries may be exacerbated. The stress and trauma of a fall can trigger a heart attack; because you are suspended, providing you with appropriate care is difficult.

Age—Your body’s ability to “bounce back” from a fall and related trauma decreases as you age. Your harness is more likely to cause damage to your body—particularly veins and arteries—as you age.

Dehydration, Air Temperature, and Energy Level—You are less likely to be able to protect yourself in a fall situation in extreme cold and heat, as your body is using more energy to do a normal amount of work. These challenges are compounded when you are dehydrated or exhausted. Inadequate work breaks and availability of water can have serious consequences for workers at risk for falls.

What Should You Do If You Suffered an Injury at Work?

If you suffer a fall injury at work, document it. Many employers have policies requiring the documentation of a workplace injury.  You should also seek medical attention, as a doctor can provide clear documentation that an injury occurred and its potential causes.  Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with your employer’s insurance company. These are important tasks that a worker’s comp attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a fall harness injury.

Barrett Law has the experience to take on your employer, defense attorneys and insurance companies that are focused on denying your compensation for the injury you experienced.  Contact us now at (601) 790-1505.

 

 

 

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Experienced Mississippi Personal Injury Attorney Explains: 3 Myths About Elder Financial Abuse

As a personal injury attorney that has helped many Mississippi clients deal with financial abuse of their elderly loved ones, I can tell you that elder abuse is a problem here, as it is nationwide. Worried families meet with me to ask about elder abuse and to ask whether they can bring a claim against nursing home or nurse who stole money their family members.  As a result of these frequent inquiries, I thought it would be useful to describe three myths that often confuse people who have elderly family members who have been taken advantage of financially while in another’s care. One thing is critical to state up front—you will need to have experienced personal injury counsel help you attain any settlement from a nursing home or nursing provider. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

 

There is a common misperception that financial abuse of the elderly is something that happens in seedy, low-budget nursing homes run by uncertified staff. This could not be further from the truth, as financial abuse of the elderly more often takes place in their own home at the hands of either a trusted family member, a friend, or a personal nurse.

Myth 1—There Is Nothing You Can Do About the Financial Abuse of the Elderly

False. Mississippi courts take the financial abuse of the elderly seriously. Just like any other fraud or theft, a perpetrator can be sued civilly to reclaim what was taken. In particularly serious cases, criminal charges may be brought by the local prosecutor’s office as well.

Myth 2—If Abuse is Occurring, Your Loved One Would Tell You

False. One thing you must realize is that financial abuse is a crime of trust. First, your loved one may know that the financial transfers or “gifts” are occurring that are enriching their caregivers, but may not know that anything improper is taking place. That is because the caregivers occupy a position of trust and it is usually safe to assume that they would not take advantage of that trust.

Second, because your loved one may be dependent on the caregiver for basic necessities such as food and cleanliness, they have a strong disincentive to anger the caregiver with allegations of misconduct such as theft. This puts your loved one in a precarious position regarding their safety and may result in them keeping their suspicions to themselves.

Myth 3—An Intelligent or Well-Educated Senior Will Not Fall for Scams

False. Like all scams, a person who tries to take money from an elderly person preys upon their emotions, hoping the emotions will override intelligence. Supposed “emergency” requests for money from grandchildren who are supposedly “in trouble” are common, as are others that pull at the elderly person’s heartstrings. Even highly intelligent people fall into these scams; in fact, they may be less likely to report it because of feelings of humiliation.

What Should You Do If You Believe Your Loved One is the Victim of Financial Abuse?

If you believe that a loved one is the victim of financial abuse, report it immediately to law enforcement. Next, you must contact an experienced personal injury attorney to begin the process of reclaiming lost funds.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your elderly loved one has been the victim of fraud.

The experienced Mississippi Personal Injury Attorney at Barrett Law has the experience to take on nursing home and nursing providers’ attorneys that are focused on denying your compensation for your loss.  Contact us now at (601) 790-1505.

 

 

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