Mississippi Workplace Accident Attorneys Talk about Accidents Involving Contractors

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The Mississippi Supreme Court recently issued a worker’s compensation decision that addresses a somewhat unusual but not completely unheard of employment scenario – the situation in which a premises owner acts as its contractor. The case involves a man who got severely burned while he was working at the Chevron refinery in Pascagoula. At the time of the accident, Quindon Thomas worked for a company called American Plant Services (APS), with which Chevron had contracted to perform maintenance services at its refinery. In 2012, Thomas was at the Chevron refinery, doing maintenance work, when a Chevron employee that was working in close proximity to Thomas opened a valve which released hot water, steam, and coke onto Thomas, severely burning most of his body.

After he was injured, Thomas collected worker’s compensation from Chevron as was provided for by a 2010 contract between Chevron and APS that established that Chevron would provide workers’ compensation insurance for all APS employees who were working at the Chevron refinery through Chevron’s Owner-Controlled Insurance Program (OCIP).

After Thomas had exhausted the worker’s compensation insurance policy limits, he and his wife tried to sue Chevron over dangerous conditions at the refinery. The circuit court ruled against Thomas, and he appealed the decision to the Mississippi Supreme Court, which recently issued decision NO. 2016-CA-00101-SCT in his favor. That decision allows Thomas and his wife to bring a suit against Chevron for damages that he sustained as the result of dangerous conditions at the refinery. Specifically, Thomas and his wife plan to sue Chevron and the employee who opened the valve for negligence and premises liability.

Chevron had sought immunity from that suit, claiming that it was Thomas’s statutory employer, and, as such that it was entitled to immunity from the lawsuit under the Mississippi Worker’s Compensation Act’s exclusive remedy provision. Specifically, Chevron claimed that Mississippi Code Section 71-3-91 granted it immunity from tort liability because it had acted as its own general contractor in providing worker’s compensation benefits to Thomas. Thomas asserted that premises owners are often employers who carry workers’ compensation insurance and who contract with other people who are not their employees to perform work on their premises. In fact, he references the worker’s compensation coverage contract between Chevron and APS which clearly labels APS as a contractor, thus negating Chevron’s assertion that he was their statutory employee. The Court’s ruling states that Chevron may not obtain immunity from tort liability by voluntarily purchasing worker’s compensation benefits for APS’s workers.

Barrett Law PLLC:  Help for Families Affected by Mississippi Workplace Accidents

If you work as a contracted employee on another company’s premises, Mississippi Supreme Court’s decision in the Thomas case may apply to you under certain circumstances, depending upon the nature of the contracts between your employer and the owner of the premises. This case illustrates that not every worker’s compensation case is simple and straightforward, in fact, they rarely are. If you were injured on the job, it is best not to take any chances when pursuing a claim for compensation. A Mississippi Workplace Accident Attorney understands the nuances of worker’s compensation law, and they can take over the task of pursuing your claim for damages so that you can devote your time and energy to healing from your injury. To learn more, call the Mississippi Workplace Accident Attorneys at Barrett Law PLLC at 1 (601) 790-1505 to schedule a consultation.

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Mississippi Personal Injury Attorney Talks About the Risks Associated With Drowsy Driving

The holiday season is a busy season on Mississippi roads and elsewhere. While winter weather is certainly one thing that drivers must watch out for, there is something else that we all need to be aware of both during holiday travel season and all year long – the dangers of drowsy driving. A recent drowsy driving accident happened in Mississippi when the driver of a tractor trailer fell asleep and drifted onto the shoulder, where it struck an abandoned vehicle. The truck flipped over, and luckily the driver was not hurt.

It’s no secret that Americans are tired, and many of us try to squeeze so many things into each day that we end up sleeping a lot less than we need to. Unfortunately, it doesn’t take much of a sleep deficit to dramatically increase your accident risk. Drowsy driving is so dangerous that it has been the focus of a lot of research. Approximately forty thousand people get hurt in drowsy driving accidents each year, and fifteen thousand people die. Some of that research has shown that getting fewer than seven hours of sleep before driving increases crash risk significantly. Drivers who sleep only five or six hours before driving have twice the risk of drivers who get seven hours of sleep of more. Drivers who sleep fewer than five hours have the same accident risk as drivers who drink alcohol before driving. These are frightening statistics, given that if we are honest with ourselves, we can admit that many of us get far less sleep than that on far more nights than we would like to admit.

The reason that lack of sleep increases accident risk is that it affects the body in many of the same ways that drinking alcohol does. It decreases a driver’s overall awareness of their surroundings and their behavior; it impairs judgment, and it slows down reaction time.

Approximately one out of every five deadly crashes involves a drowsy driver. Half of the tired drivers who were involved in accidents just blacked out – they did not exhibit any signs of tiredness before falling asleep. Drivers can decrease the risk that they will be involved in a drowsy driving accident by getting adequate rest, traveling at times when you would normally be awake, and taking plenty of breaks to move around and give your eyes a break from focusing on the road. Choosing light meals and snacks instead of heavy, fatty foods while you are on the road can also help you stay awake. Some people think that coffee and energy drinks can help you stay awake during a drive, but those quick fix strategies don’t work for long and can trick them into thinking that they are more alert than they are, increasing accident risk even more.

Barrett Law PLLC:  Compassionate Counsel for Mississippi Automobile Accident Victims

Automobile accidents caused by drowsy drivers can cause severe injuries, death, and a large amount of property damage. If you got hurt in a drowsy driving wreck or someone that you love died in a drowsy driving accident, you might be able to recover financially for your injury or your loss. To learn more about how to pursue a claim for damages, please call the knowledgeable Mississippi Personal Injury Attorney at Barrett Law PLLC today, at 1 (601) 790-1505 to arrange your free, initial consultation.

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Mississippi Workplace Accident Attorneys Discuss Plastics Manufacturing Accidents

A recent workplace accident at a plastics manufacturing facility claimed the life of one man and injured two others with chemical burns. The accident occurred on a production line that produces a polymer, and the polymer spilled onto three workers who were performing maintenance on a pump. The accident is described by the facility owners as a rare tragedy, but it does serve as a reminder that plastics manufacturing workplaces, as is the case with all manufacturing workplaces, do contain dangers that can hurt or kill employees.

Plastics manufacturing workers encounter a higher than average level of danger in their work environments as compared to other manufacturing employees who work in facilities that produce things other than plastics. The work in a plastics manufacturing plant involves heavy lifting, heavy machinery, sharp tools, and hazardous chemicals. Workers can get caught in machinery and partially or wholly crushed; they can suffer amputated digits or limbs. Repetitive motions in the manufacturing process can cause employees to develop repetitive motion injuries like strains and carpal tunnel syndrome. Chemical burns and lacerations are also relatively common injuries in plastics manufacturing environments. Plastics molds are heavy, and moving them about the plant takes lots of effort and equipment. Accidents sometimes occur when molds and machinery are being moved, or when machines and molds are old or poorly maintained.

Plastics manufacturing facilities contain plenty of dangers that are common in other workplaces as well. Equipment, cords, and other items on the manufacturing floor can create tripping hazards, and oil, grease, and plastic pellets can make floors slick or treacherous and create slip hazards. The chemicals that are used to make plastics and the chemicals that are used to clean and maintain the equipment are hazardous, and can burn employees, cause respiratory injuries, and even kill employees if they are close enough to them or come into contact with them in large enough quantities.

Barrett Law PLLC:  Helping Manufacturing Accident Victims Across Mississippi  

Sometimes, workers in manufacturing facilities get hurt at work. A workplace injury or fatality at a plastics manufacturing plant can drastically alter the course of the life of a worker or their family. As you work to recover from your injury so that you can return to your job or a family mourns the loss of a loved one, life does not stand still. There are household bills and medical bills to pay, and the worker’s compensation claims process can seem daunting and complicated. Fortunately, workplace accident attorneys are skilled at guiding injured workers or families who have lost a loved one in a workplace accident through the worker’s compensation claims process. You do not need to try to pursue a worker’s compensation claim on your own. The Mississippi Workplace Accident Attorneys at Barrett Law PLLC are here to help you navigate the worker’s compensation claims process while you concentrate on recovering from your injury or your loss. Please call us today, at 1 (601) 790-1505 to schedule a consultation.

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Mississippi Personal Injury Attorneys Talk about Winter Weather-Related Accidents

A recent accident serves as a reminder to drivers to watch out for winter weather while they are out on the road. A car went down a steep, two hundred yard embankment towards the Mississippi River. The accident went unnoticed for a few hours until someone spotted the wreck from the opposite side of the river. A dramatic rescue involving an airboat brought the injured driver, who was trying to crawl up the embankment, to safety.

While it is unclear whether the weather was a factor in this particular accident, drivers need to know that cold weather increases the risk of wintry road conditions, and it also increases the risk of additional injuries to accident victims from exposure to the cold after an accident occurs. Cold weather is enough to cause injuries like frostbite, but winter storms can cause even more damage as snow and ice make roads slippery and difficult to navigate.

Most drivers in Mississippi and elsewhere know how to drive safely when winter weather hits. However, research has shown that knowing better does not always translate into doing better. This means that other drivers, in addition to ice and snow, are something to watch out for when you drive in the winter. Of course, it is not possible to control the weather, nor is it possible to control what other drivers do. It is possible to decrease your accident risk, though, by implementing safe driving strategies.

Winter driving can be made safer in many ways. In fact, safety can begin before you even get in the car. If it is snowing or icy outside, consider carefully where you are going and whether it is an essential trip or not. Sometimes, choosing not to drive when you have that option available is the safest thing that you can do, especially in severe storms. If you need to travel, checking a weather forecast or traffic website at home before you head out can help you know what kinds of road conditions you might expect and when, and this type of mental preparedness can lead to improved decision-making at the moment if you know what to expect. If you must drive during wintry weather, you can still decrease your accident risk by keeping your speed down, avoiding sudden braking, not using cruise control, and avoiding rapid acceleration. Be sure to clean your car off completely before you head out, and do not forget to wear your seatbelt. Also, be sure to insist that everyone else in your vehicle wear their seatbelt, too. With some preparedness ahead of time and a safety-conscious attitude during your drive, you can increase the chance that you will arrive at your destination safely.

Barrett Law PLLC:  Helping Mississippi Accident Victims and Their Families

If you got hurt or someone that you love lost their life in a Mississippi car accident, a seasoned Mississippi Personal Injury Attorney could help you pursue a claim for the injuries, damages, or loss that you have experienced as a result of the crash. To find out more about how we could help you with your automobile accident case, please call the Mississippi Personal Injury Attorneys at Barrett Law PLLC at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Personal Injury Attorneys Discuss Failure to Yield Motorcycle Accidents

A couple from Philadelphia, MS was injured when their motorcycle got hit by a car. The driver was making a left turn when she struck the motorcycle, knocking both riders off of the motorcycle and injuring them. The injured riders were taken to the hospital, where they were both treated for injuries that did not appear to be life-threatening.

Collisions between left-turning vehicles and motorcycles are a common type of failure to yield motorcycle accident. Similar failure to yield accidents can happen when one passenger vehicle turns across the lane where another is traveling, but the amount of injury and damage is often far less in those scenarios than it is in collisions where one of the vehicles involved is a motorcycle. When the driver of a passenger vehicle fails to yield to a motorcycle, the rider of the motorcycle usually does not have enough time to move out of the path of the oncoming car, and the resulting crash often results in serious injury or death for the motorcycle rider.

Left-turn accidents and other types of failure to yield motorcycle accidents can happen in places where both lanes of traffic are moving, and they can also occur at intersections. Sometimes, a complicating factor like alcohol, speeding, aggressive driving, or distracted driving, causes the driver of the vehicle to fail to see and avoid the motorcycle. In other situations, there is no complicating factor, and the driver of the vehicle simply doesn’t see the motorcycle until there is no chance to avoid a wreck.

In left-turn accidents and other failure to yield motorcycle accidents, it is important to remember that answering the question of whether the car struck the motorcycle or the motorcycle hit the car may not create a clear picture of who was at fault. All too often, when people think about accidents, they think of the victims as the driver and passengers in the vehicle that was struck. This potential misperception can cause problems during the investigation of the accident. Witnesses may sometimes believe that the rider was at fault for the crash when in reality, the fault lies with the car’s driver if they failed to yield to the oncoming motorcycle or give the rider time to pass safely or otherwise avoid a collision. A thorough investigation of these accidents is crucial in determining fault accurately.

Barrett Law PLLC:  Helping Mississippi Motorcycle Accident Plaintiffs and Their Families

If you were hurt or someone that you love lost their life in a left-turn failure to yield motorcycle accident or any other type of motorcycle accident, a Mississippi personal injury attorney could help you pursue a claim for the injuries, damages, or loss that you have experienced as a result of the crash. To find out more about how we could help you with your motorcycle accident case, please call the Mississippi Personal Injury Attorneys at Barrett Law PLLC at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Personal Injury Attorney Talks about Night Time Motorcycle Safety

A man who was critically injured in a nighttime motorcycle accident in Pass Christian later died in the hospital from the injuries that he sustained in the wreck. The crash happened when the motorcycle struck the curb and left the roadway, where it flipped over and ejected the rider.

Riding a motorcycle always requires a lot of skill and concentration, and riding at night presents greater challenges and requires an even higher level of skill. One challenge of nighttime riding is that it is more difficult for other vehicles to see you. Also, at night, your ability to see important things like curbs, signs and pavement markings is reduced, as is your ability to see pedestrians and wildlife. Riding a motorcycle at night is certainly more challenging than it is during the day, and it is more dangerous, too. Sixty percent of all fatal motorcycle accidents happen during the night.

Nighttime riding can be a little safer if you ride more slowly than you would during the day. Riding slower gives you more time to react to anything that you might see on the road, such as other vehicles, pedestrians, or wildlife. Riding at night is harder on your eyes than riding during the day is. Did you know that your eyes can get tired, even when the rest of your body is well rested? If your eyes start to feel tired, find a safe location to take a rest break.

You can also keep yourself safe at night by making it easier for other drivers to see you. Other motorists should be looking out for motorcycles as they drive along, but all too often, they do not see motorcycles that are nearby and they collide with them.  Increase the chance that you will be seen by placing reflective or fluorescent accents on your clothing, your helmet, and even on your bike. Good lighting on your bike also increases your visibility. If your motorcycle has a small rear brake light, consider replacing it with a bigger, brighter one. Running lights can add both style and visibility to the front of your bike You can also maximize the brightness of your headlight, Use a DOT-approved super bright headlight bulb and check the angle of your headlight. Check the state motorcycle laws, and then raise your headlight to the maximum angle that the law allows, increasing your ability to see and be seen.

Barrett Law PLLC:  Support for Mississippi Motorcycle Accident Victims

Motorcycle accidents can cause severe injuries, and, all too often, they result in death. If you were hurt or someone that you love died in a motorcycle accident, you might be able to file an insurance claim to recover the damages associated with your injury or loss. To learn more about how we might be able to help you to pursue a claim for damages, please call the compassionate and knowledgeable Mississippi Personal Injury Attorney at Barrett Law PLLC today, at 1 (601) 790-1505 to arrange your free, initial consultation.

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Mississippi Personal Injury Attorneys Discuss Halloween Pedestrian Accidents

Parents throughout Mississippi are already busy helping their children get their Halloween costumes ready for parties, trick-or-treating, and other fun things later this month. While Halloween can be a fun holiday for families, there are some frightening statistics about pedestrian accidents on Halloween that are enough to make any parent’s skin crawl. Did you know that there is an increased risk of pedestrian accidents on Halloween, especially for children?

In the United States, approximately six children are killed in pedestrian accidents every year on Halloween. Most of these fatalities occur between the hours of 5 and 9 in the evening when children are out trick-or-treating. Younger children are more likely to be accompanied by an adult when they hit the streets, so they are somewhat less likely than older children to be involved in fatal pedestrian accidents on Halloween.

Fortunately, there are ways to keep your little ghosts and goblins safe while having plenty of Halloween fun. Many communities have made efforts to keep kids safer by encouraging residents to participate in trick-or-treating during daylight hours. Some places have even imposed curfews. Parents can help to keep their children safe by accompanying them as they make the rounds. Older children may want to go out with a group of friends, but it is safer if an adult accompanies the group, so think up a fun costume and join in the fun.

Speaking of costumes, work visibility into your kids’ costumes for extra safety. Light colors, reflective fabrics, and glow sticks or glow jewelry are just some of the ways that you can make sure that their costumes are easily seen. Also, make sure that they can see well while they are wearing their costumes, and that their view is not obstructed by a mask, hood, or another part of the costume. When you go trick-or-treating, bring along a flashlight or two, and make sure that you use crosswalks. Keep your kids and their friends safe by paying close attention to where everyone is walking, the kids may be very excited and not all that attentive to whether they are stepping off of the road and into the street. If you have your cell phone with you, don’t make calls or send texts while you are walking, as it could distract you from the task at hand.

Another way that anyone, whether or not they are a parent, can help to reduce the number of pedestrian accidents on Halloween, is to stay off of the road during “the witching hours” if that is at all possible. The streets will be crowded with pedestrians, and traffic will be moving much more slowly than usual. If you must drive, avoid residential areas as much as possible, as those areas are where most of the trick-or-treating takes place. Be aware that police are often out in full force, helping to keep the streets safe for kids. They will not hesitate to stop you for speeding, or for anything else that they feel presents a threat to pedestrians.

Barrett Law PLLC:  Helping Mississippi Personal Injury Plaintiffs

If you or your child were injured in a pedestrian accident, a Mississippi Personal Injury Attorney could help you navigate your pedestrian accident case and understand the claims process while you focus on healing from your injuries. Please call the Mississippi Personal Injury Attorneys at Barrett Law PLLC at 1 (601) 790-1505 to schedule a free, initial consultation.

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Mississippi Personal Injury Attorneys Talk About ATV Accidents

A woman recently died when the ATV that she was riding got hit by a train. A man was driving the ATV, and the woman was riding with him. The train struck the ATV while the man was trying to free the ATV’s tire from the rail because it was stuck. This horrific accident illustrates some of the dangers that associated with ATV use.

Many people use ATVs for recreation and work. ATVs are both fun and useful, and they can be safe when riders use them properly, use good judgment, and wear a helmet every single time they ride. As is the case with any vehicle, ATV accidents do happen. An ATV accident can leave the victims with serious injuries, or the accident could even be fatal. Victims of ATV crashes and the families of people who died in ATV wrecks may be able to be compensated for their injuries or losses. Filing claim for compensation after an ATV accident could help you and your family pay for medical bills, funeral expenses, and other expenses associated with the accident.

ATV accidents can result in some different types of injuries. Some newer ATVs have seatbelts, but many others do not. Because of this, ejection from the ATV is a common occurrence in ATV accidents. Ejection often causes head injuries, including traumatic brain injuries, especially in situations where riders are not wearing helmets. It can even cause immediate death. ATV accident victims can also suffer facial injuries, back injuries, broken bones, neck injuries, spinal cord injuries, and paralysis, among other things. Unfortunately, fatalities are relatively common in ATV accidents.

There are many causes of ATV accidents. Some ATV accidents are caused by young or inexperienced riders. Other accidents happen when a rider is operating the ATV in an unsafe manner or riding too fast. Sometimes, ATV operators consume alcohol, which impairs their ability to operate the ATV safely. Alcohol slows a rider’s reaction time and impairs their judgment, so it is not surprising that alcohol use is a factor in many serious and fatal ATV accidents. Other causes of ATV accidents include mechanical malfunction of the ATV or parts and accidents caused by rough terrain or obstacles in the path of the ATV.

Barrett Law PLLC:  Supporting Mississippi Accident Victims One Case at a Time

ATV accidents can be severe, and they are often deadly. If you were hurt or someone that you love died in an ATV accident, know that one or more parties may be responsible for your injuries or your loss. The ATV owner might be responsible for some or all of the damage or loss if they engaged in negligent conduct such as letting an inexperienced rider operate the ATV or failing to keep the ATV in good repair. The person who was operating the ATV might be fully or partially responsible for injuries and damages caused by the crash. Other potentially responsible parties are the property owner, the ATV manufacturer, and companies who manufactured parts used to repair and maintain the ATV. To learn more about how we can help you to pursue a claim for damages, please call the Mississippi Personal Injury Attorneys at Barrett Law PLLC today, at 1 (601) 790-1505 to schedule your free, initial consultation.

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Mississippi Personal Injury Lawyers Answer Common Questions about Traumatic Brain Injuries

While people experience many types of serious injuries in motor vehicle collisions, falls, and other accidents, the brain is one of the most vulnerable of vital organs in the human body.  A traumatic brain injury (TBI) can have debilitating consequences that last a lifetime, including diminished cognitive functioning, impaired mobility, and inability to communicate, just to name a few examples.  Traumatic brain injuries often have a profound effect on both a victim and his or her family.  Our experienced Mississippi brain injury lawyers have answered common questions asked by people who suffer head injuries because of the misconduct of an individual, business, or public entity.

What should I do if I suffer a traumatic brain injury in an accident caused by another party?

The most important step to take in the wake of a serious accident during which you incur a brain injury is to seek immediate medical care.  Some head injuries do not exhibit significant symptoms until a period has elapsed after the injury is incurred.  This delay in symptoms frequently is related to bleeding and swelling inside the skull which imposes increased pressure on the brain.  When injury victims take a “wait and see” attitude after experiencing an injury in an accident, they risk a less favorable prognosis because unrelieved pressure on the brain might cause severe brain damage and even death.  Prompt treatment also enables medical providers to conduct a thorough diagnostic examination.  A magnetic resonance imaging (MRI), computerized tomography (CT), or electroencephalography (EEG) scan often provides vital evidence regarding the nature and severity of an accident victim’s injuries.

Brain injury victims also should seek prompt legal advice if they are injured in an accident caused by the conduct of another.  The potential magnitude of damages in a lawsuit involving a serious TBI means that insurance companies will devote extensive resources to shift blame to the injury victim or to otherwise avoid liability.  Medical evidence regarding the nature of the brain injury and the way the crash caused the injury also will involve complex medical information that must be explained to a jury with experts.  Our Mississippi personal injury lawyers work with well-regarded experts to build a compelling case for our clients.

How much is a traumatic brain injury claim worth?

While the precise value of a brain injury will depend on a range of factors, the damages in a case involving a traumatic brain injury typically exceeds $100,000 and awards in the millions are fairly common.  The amount recovered in a judgment or settlement does not equal the actual compensation an injury victim receives.  Most Mississippi personal injury lawyers work on a contingency fee basis, which means that their fees are a percentage of your recovery.  The litigation costs associated with pursuing your brain injury case also will be deducted for expenses that include expert fees, trial exhibits, day-in-the-life videos, deposition costs (e.g. court reporter fees), and other costs associated with pursuing your lawsuit.  The expenses associated with litigating a traumatic brain injury case can easily amount to tens or hundreds of thousands of dollars, but law firms have the financial resources to advance these costs of litigation.  Our law firm executes a written fee agreement with every client, so our clients know what to expect regarding their net recovery after paying attorney fees and litigation expenses.

Can I pursue a personal injury lawsuit if I suffered a brain injury several years ago?

While the best practice is to seek legal advice as soon as practical after suffering a brain injury, the statute of limitations might not have expired.  Although the statute of limitations may have run, you might benefit from the discovery rule.  If the injured party is the victim of medical malpractice or a child age 6 or younger, this exception to the statute of limitation might “toll” (delay) expiration of the period to bring a lawsuit.  The bottom line is that important notices might need to be filed, and actions commenced within a designated time.  Injury victims should seek prompt legal advice to assess their rights and to avoid running afoul of the statute of limitations.

If you have been injured in a car accident in Jackson or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many victims of negligent drivers.  At Barrett Law, we are here to help.  Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Mississippi Personal Injury Attorneys Answer More TBI FAQs

This blog is the second installment in our two-part blog posts that answers some frequently asked questions about brain injury lawsuits.  If you or a loved one is injured in a motor vehicle collision or another type of accident, the medical costs and permanent physical and mental effects can be devastating.  While a Mississippi personal injury lawsuit might provide an avenue to obtain necessary monetary recovery, this blog discusses some key issues unique to legal claims involving traumatic brain injuries (TBIs).

What types of legal claims can I bring if I experience a brain injury?

The precise legal theories available in a traumatic brain injury case will depend on the specific facts and circumstances that led to the injury.  If you are injured in a motor vehicle accident, potential claims also will depend on the responsible party.  While the other driver might be liable for negligent operation of a motor vehicle, the vehicle manufacturer might be liable under a product liability theory if defective airbags fail to deploy or deploy too aggressively.  Further, a public entity might even be liable for negligence in the design, construction, or maintenance of the roadway.

When you are injured on the property of another during a dog attack or a fall on a broken step, you might pursue a premises liability claim against the property owner or party in possession of the premises.  As with a motor vehicle accident claim, multiple parties can be responsible for injuries caused by negligent, security, a slip and fall, or dog attack.

Some brain injuries occur because of sub-standard medical care like a birth injury, undiagnosed brain tumor, or anesthesia error during a surgical procedure.  When a physician, nurse, technician, or hospital fails to provide medical care that complies with the requisite standard of care, health care professionals and facilities can be liable for committing medical malpractice.

Finally, some brain injuries occur because of intentional physical acts of violence.  The perpetrator of acts of violence can be liable for a TBI resulting from a criminal act of violence.  Further, property owners who fail to implement proper security measures also might be liable for this type of injury depending on the specific circumstances.

Why do I need an experienced Mississippi brain injury lawyer to handle my accident claim?

Whether you were injured in a rear-ender, motorcycle crash, or fall on a wet grocery store floor, the expense and intricacy involved in pursuing a traumatic brain injury claim make it important you work with an attorney experienced in handling this type of injury claim.  Many brain injuries are not obvious, so they are overlooked even by medical professionals.  If your Mississippi personal injury lawyer does not have experience handling brain injury lawsuits, the case might be settled for an amount that is inadequate for your long-term needs.

For example, a motorist might be involved in a collision that does not involve significant vehicle damage.  The injury victim also might not experience a loss of consciousness.  While you might be suffering from erratic swings in your emotions, your physician might not be able to diagnose anything conclusive and release you from treatment.  If the case is settled based on your medical bills and lost earnings before the appearance of more severe symptoms, you might suffer financial hardships if you are later forced to cut back your workload or stop working entirely.  Our lawyers interview injury victims and their families, so we can identify problems that are not being addressed adequately by doctors.  TBIs often cause less obvious signs of injury like mood swings, depression, anxiety, PTSD, impaired concentration, and a multitude of other issues.  Consultation with a neuropsychiatrist or neuropsychologist can provide a way to diagnose these issues and ensure that all of the forms of mental injury you suffer are addressed by your monetary recovery.

When seeking to maximize compensation for brain injuries, your attorney must effectively communicate the impact of your injury on your daily life.  Serious cognitive deficits might interfere with your ability to maintain your employment or necessitate supportive care.  Further, brain injuries that impact emotional responses can cause an accident victim to be subject to emotional outbursts.  These types of negative psychological effects can take an adverse toll on a victim’s relationship with his spouse and children.  When brain injuries result in limits on movement or strength, an injury victim might need supportive devices like walkers, wheelchairs, canes, or other physical aids that impact brain injury victim’s quality of life.

If you have suffered a TBI in Jackson or the surrounding areas, our Mississippi Personal Injury Attorneys have successfully represented many victims of negligent or intentional misconduct.  At Barrett Law, we are here to help.  Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

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