Mississippi Dog Bite Attorneys Answer Common Questions about Dog Bite Claims

While you might view dog bites and attacks as rare occurrences that result in minor injuries, our Mississippi personal injury lawyers recognize that canine attacks all too frequently cause disfiguring injuries.  Because dog bites often result in severe physical injury, families can struggle with significant financial hardships that might include loss of income, costly medical bills, counseling expenses, and other expenses.  In this two-installment blog, our Mississippi dog bite accident attorneys answer common questions about dog bite injury claims.

Are dog bite incidents common enough that I need to worry about my right to compensation?

The Centers for Disease Control (CDC) estimates that over 4.5 million people suffer dog bite injuries in a typical year.  The CDC also reports that approximately one out of every five of these bite incidents are serious enough that the victim must obtain medical treatment.  During a recent one-year period, 27,000 people in the U.S. were forced to undergo reconstructive surgery because of a dog bite.  Approximately 1,008 people per day visit emergency rooms across the U.S. because of dog bite injuries.

Does the severity of a typical dog bite claim justify retaining an attorney and pursuing a legal claim?

During a recent one-year period, 27,000 people in the U.S. were forced to undergo reconstructive surgery because of a dog bite.  From a claims perspective, the American Information Institute reports that dog bites constitute a third or all homeowner’s insurance liability claims.  These claims amount to approximately $530 million in payouts with the average payout exceeding $32,000.  Further, the amount paid out on dog bite claims appears to be on the rise.  During a recent one-year period, State Farm Insurance paid out $109 million in claims which exceeded payouts the prior year by over seventeen percent.

Are dog owners strictly liable for the injuries their dogs inflict?

While many states impose strict liability on dog owner for “bites” or “injuries” caused by a canine, Mississippi is a “one bite” jurisdiction.  This term is a misnomer to some extent because it does not predicate the liability of an owner on a dog’s “bite” history.  Rather, this rule imposes liability on a dog owner who knows or should reasonably know that his or her dog might bite if the owner fails to exercise appropriate precautions.  The rationale behind this liability rule is that a dog that has exhibited prior aggressive behavior will do so again in the future.  If the dog has not previously physically attacked, mauled, or bitten a person, a careful investigation and artful advocacy often will be needed to prove the dog owner had the requisite knowledge of the dog’s vicious tendencies.

Evidence that we might use to establish the liability of the owner could include some or all of the following:

  • Tendency to lung, attack, threaten, or bark at people
  • Prior complaints about the dog
  • Dog’s breed
  • Prior fight training
  • Muzzling of dog
  • Growling and snarling at people approaching the dog
  • Displaying aggressive behavior toward other animals

Even if the dog owner does not possess the requisite knowledge that his or her dog poses a danger to the public, there might be other applicable theories of liability such as negligence of the dog owner or strict liability based on a violation of a leash law or related ordinance.

Our Mississippi Dog Bite Attorneys analyze situations to determine the tactics an insurance company or dog owner will use to avoid taking responsibility for irresponsible canine ownership.  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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More Errors That Can Derail Your Mississippi Auto Collision Claim

 

This is the second installment of our two-part blog highlighting common missteps made by injury victims following a car accident. If you have specific questions, we invite you to contact Barrett Law to learn about your rights.

Mistake No. 4 Signing a Release Immediately Following an Accident: There are certain types of accidents where the question of liability is reasonably clear. When the prospect of prevailing on the issue of fault is not promising, insurers look for ways to mitigate the amount they pay in a settlement or judgment. A common approach is to make a settlement offer immediately following the accident for far less than the value of the claim. However, the insurance company also will expect you to sign a release waiving any and all claims, which includes those that you do not even know exist. No documents from the insurance company should be signed until they have been reviewed by an experienced Mississippi car accident lawyer, so you can learn about your rights and legal options.

Mistake No. 5 Consenting to Provide a Recorded Statement to the Insurance Company

Recorded statements are not designed to facilitate settlement of your claim although the adjuster for the other driver’s insurance company might tell you that this is the case. The purpose is to preserve a record of you saying things that undermine your claim. The answers you give to questions might be used to shift blame for the accident to you or to establish that your loss is not as substantial as you are claiming.

Mistake No. 6 Agreeing to Settle for Policy Limits

While it might seem reasonable to settle with the adjuster for policy limits, this offer will come with strings. The adjuster will insist that you sign a release that waives all claims. Policy limits can be extremely inadequate, especially if the other driver only carries the minimum coverage that is required under Mississippi law. It is important not to waive your rights without legal advice because you might have the right to recover more against an excess liability carrier, other defendants, or underinsured motorist coverage.

Mistake 7 Failing to Seek Out the Best Mississippi Personal Injury Attorney: Although some people attempt to handle their own personal injury claim, complex legal standards, evidentiary requirements, and procedural hurdles make the civil litigation system virtually impossible to navigate without an experienced lawyer. The cost of pursuing a claim can easily be tens of thousands of dollars or more, so most people cannot afford the war chest necessary to take on large insurance companies in court. The best approach is to work with an experienced personal injury attorney with a track record of obtaining large judgements and/or settlements in similar types of cases.

Mistake 8 Ignoring the Possibility of Punitive Damages: When a court awards punitive damages, this compensation can be the largest portion of your recovery. Car accident claims need to be sufficiently investigated to determine if punitive damages are appropriate. Examples of situations where punitive damages might be awarded include accidents caused by an alcohol impaired driver, or a vehicle manufacturer that covers up evidence that its vehicle is unsafe.

If you have been injured in a motor vehicle collision or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many car crash victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our 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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Reports of Spread of Deadly Bacteria by Contaminated Scopes Not Provided Promptly

When manufacturers of pharmaceuticals and medical devices receive reports of adverse events or side effects, the makers of these medical products have an obligation to report this information to the Federal Drug Administration (FDA).  The FDA investigates such reports and aggregates data to determine if regulatory action is needed, such as issuing a safety notice, requiring warnings on labels, or mandating a product recall.

This system only works effectively to protect the public when companies that manufacture medical devices and drugs comply with their obligation to disclose such information.  An article published in USA Today indicates that reports of contaminated medical scopes linked to the spread of a potentially fatal superbug were not provided to the FDA until months after the incidents and not at all in some cases.

Federal law requires manufacturers of medical devices to file reports within thirty days of discovering their product might pose risks to the public.  According to USA Today, the transmission of a drug-resistant bacteria via duodenoscopes to patients in eight separate hospitals between 2012 and 2014 were not reported until months after the outbreaks occurred.  There were even incidents that were never reported according to the article.

The FDA is currently conducting an ongoing investigation into the spread of the CRE bacteria via the medical devices.  The bacteria is extremely dangerous because it is resistant to virtually all types of antibiotics.  CRE also has an alarmingly high fatality rate of forty percent.  The FDA is investigating the potential for the fatal bacteria to get trapped in the scope’s crevices.  The agency has indicated that contamination and cross-infection between patients can occur even when cleaning and disinfection of the scopes have occurred.

William Maisal, deputy director of the FDA’s Center for Devices and Radiological Health, indicated, “We are aware that there are reported duodenoscope associated infections that have occurred for which we have not received MDRs [Medical Device Reports], and we are looking into whether some of those reports should have been submitted.”

A recent congressional investigation also indicates that the scope of the problem is far more extensive than federal regulators previously suspected.  According to the U.S. Food and Drug Administration, approximately 350 patients at 41 medical facilities in the U.S. and worldwide have been exposed or infected by tainted gastrointestinal scopes from Jan. 1, 2010 to Oct. 31, 2015.  While the actual list sent to Congress by the FDA listed 404 patients and 44 facilities, the agency indicates that the list was assumed to include some duplicates.  A prior report estimated the number of victims as 250 and the number of affected clinics and hospitals at 25.

In the wake of the scandal, new legislation has been proposed in Congress referred to as the Device Act.  This new law would require companies to disclose to the FDA when safety warnings are issued in other countries concerning the cleaning or design of medical devices.  The mandatory disclosure would be required even if the device manufacturer was not required to seek government approval for the change.  A companion bill also is expected to be filed that imposes requirements that the cleaning instructions for medical devices be scientifically validated to ensure they are effective.

If you have been injured by a defective product, including a medical device in Jacksonville or the surrounding areas of Mississippi, our Mississippi Personal Injury Lawyers are committed to seeking the maximum compensation for victims of unsafe products.  At Barrett Law, we are here to help.  Contact our 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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Can a Mississippi Worker Sue an Employer for an On-The-Job Injury?

Our Mississippi worker’s compensation attorney often hear from people who suffer a workplace injury and wonder about their right to file a personal injury lawsuit against their employer. Although the general rule is that an employee cannot file a lawsuit against an employer for work-related injuries, this does not mean that injured workers are without effective options to obtain compensation for their job-related injuries. While the Mississippi worker’s compensation system will constitute the sole remedy of an injured worker against his or her employer in most situations, employees can obtain justice and full compensation for their workplace injuries by pursuing worker’s compensation benefit from an employer and a third-party lawsuit.

Although injured workers are rarely happy to hear they cannot sue their employer for a workplace injury caused by the employer’s negligence, most Mississippi employer must carry worker’s compensation insurance (unless they self-insure). While worker’s compensation will constitute the sole remedy for an employee against an employer in most situations, there are advantages for the employee in using this system. One important benefit of a worker’s compensation claim is that an employee can get virtually all medical care and treatment handled without out-of-pocket expenses. The employer and insurance carrier cannot ask the employee to pay his own medical bills or to use private health insurance. In fact, the employee should not even receive a bill from the medical provider when a worker’s compensation claim is pending.

An additional benefit of pursuing a claim is that an employee is not forced to incur the delay and potential expense of litigation to obtain worker’s compensation benefits. Since the Mississippi worker’s compensation system is a “no fault”: system, an employee only needs to establish that he or she experienced an injury or occupational illness while engaged in conduct for the benefit of an employer. A personal injury lawsuit can take months or even years to be resolved, so an employee might not have medical expenses covered or receive wage replacement in a timely manner if litigation was required to receive benefits. However, the worker’s compensation system permits the employee to receive necessary and appropriate medical care and compensation for wage loss promptly without any requirement that the employer be shown to have “negligently” caused the injuries.

While the worker’s compensation system offers the benefits of speed and efficiency without the hassle of litigation, the types and amount of compensation received generally will be less than might be recovered in a personal injury lawsuit. Benefits include medical care, partial wage replacement, and compensation for long-term disability. However, claimants cannot receive monetary awards for losses like pain and suffering, emotional distress, impaired enjoyment of life, loss of consortium, punitive damages, or certain other types of damages.

This deficiency in the recovery available through worker’s compensation can be overcome by pursuing a third-party lawsuit against a negligent party other than the claimant’s employer. A personal injury claim against another party opens up access to the full range of damages available in a personal injury lawsuit. Generally, the fault of the third-party for causing the injury (at least in part) will have to be established to prevail in a third-party lawsuit. However, strict liability might be appropriate if defective machinery or tools caused your injury.

If you have been injured in a workplace accident or developed an occupational illness, our Mississippi Personal Injury Lawyers are committed to seeking the maximum compensation for victims of workplace injuries. At Barrett Law, we are here to help. Contact our 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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Study Indicates Your Child’s Booster Seat Could Be Less Safe in a Car Accident than You Realize

Every day in Lexington and the surrounding areas of Mississippi, parents buckle their children into booster seats and leave home expecting that the safety device will keep their child safe in the event of a serious collision. While it goes without saying that child safety seats are an invaluable piece of protective equipment, a study suggests that many children are not nearly as safe in a booster seat as their parents might expect in the event of a car accident.  According to a study conducted by the Insurance Institute for Highway Safety (IIHS), half of all car booster seats do not provide a proper fit with seatbelts.

While any product that is designed or manufactured with defects or that provides inadequate instructions or warnings to ensure safe use is dangerous, the danger increases exponentially when the product is a piece of vital safety equipment like a child booster seat.  Booster seats are designed for children that have become too big for forward facing car seats.  This type of child safety device is designed to elevate a child’s body so the adult seatbelt forms a proper fit.

The IIHS study examined twenty million 4 to 8 year olds and the appropriateness of their fit when using the family’s child booster seat.  The study revealed that of the 83 child booster seats tested, 41 did not fit properly with the vehicle seat and seat belt.  When there is a poor fit with a child booster seat, the child is not positioned properly to maximize the benefit of a seatbelt in the case of a serious traffic accident. This lack of proper positioning of a child’s body during a collision can result in serious injury.

Four of the booster seats tested in the study provided such a poor fit that the IIHS recommended that the booster seats should not be used at all.  When a parent is attempting to determine if a booster seat fits properly, they should check to see that the lower belt sits flat across their child’s upper thigh region.  If the child’s body is not positioned properly when restrained by the seatbelt, parts of the child’s body may be injured by impact with the interior of the vehicle in a collision.  When the seatbelt is improperly positioned across the abdomen, the seatbelt itself can cause serious injury, including damage to a child’s internal organs.

It is important to emphasize that nothing in this study suggests that booster seats are not a valuable and/or necessary piece of safety equipment that might keep your child safe in an auto accident.  If your child is between the ages of 4 and 8, your child is almost fifty percent less likely to be injured in a collision when using a child booster seat.  However, you should check the fit of the booster seat to ensure that the seatbelt is properly positioned when your child is buckled up.  Parents might also want to check the ratings for their booster seat at the IIHS website to determine whether the brand and model of the booster seat rates well in terms of providing an appropriate fit to keep children safe.

One of the most tragic parts of representing car accident victims of Lexington is that sometimes our clients are the families of children that have been seriously injured.  Our Mississippi car accident lawyers at Barrett Law are committed to car accident safety for children and their families.  If you or someone you love has been seriously injured in a motor vehicle accident, our compassionate and dedicated team of attorneys is here to answer your questions and help you seek the compensation you need to move past this difficult experience.

If your child is injured when riding as a passenger in a motor vehicle, you are invited to contact the experienced auto accident lawyers at Barrett Law to learn how we can help.  Our Mississippi Personal Injury Lawyers at Barrett Law have been representing crash victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (601) 790-1505.  No Recovery No Fee!

 

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Mississippi Personal Injury Attorneys Remind Drivers to Look Out for Motorcycles

When a car collides with a person riding a motorcycle, serious injury and fatality are the likely results. One motorcycle rider in Mississippi died in a recent accident in which a car struck his motorcycle from behind. While all types of motorcycle accidents can cause serious injury and death, rear-end motorcycle accidents are some of the deadliest and most damaging motorcycle wrecks that occur. Riders simply do not have the protection that being enclosed in a vehicle provides, and the impact of another vehicle hitting their motorcycle can crush them or send them airborne.

The recent fatal motorcycle crash in Mississippi is still under investigation, and it serves as a tragic reminder that both riders and drivers must educate themselves about the risks associated with motorcycle accidents as well as how riders and drivers can safely share the roads.

Rear-end collisions are just one of the types of accidents that can occur while a person is riding a motorcycle. There are two main categories of rear-end motorcycle accidents. The first type of rear-end motorcycle accident occurs when a rider is stopped at a traffic light or for some other reason, and they are hit from behind.

The other type of rear-end motorcycle accident occurs when a motorcycle hits the back of another vehicle. This type of motorcycle accident is called a sudden stop accident. Sudden stop motorcycle accidents often cause death or permanent disability. During a sudden stop accident, the rider is often ejected from his or her bike and the bike often “cartwheels” or flips end-over-end. The rider can collide with moving or fixed objects as they fly through the air, and they can hit the ground with tremendous force. Unfortunately, an airborne rider can also land in the path of a moving vehicle.

Many motorcycle accidents can be prevented if drivers and riders operate their vehicles safely. Motorists can reduce the risk of hitting a motorcycle by looking twice in either direction before entering an intersection. Also, checking side and rear view mirrors when changing lanes, and navigating on and off ramps will greatly reduce the risk that your vehicle will enter the path of an oncoming motorcycle.

Both riders and drivers can reduce the risk of an accident by using turn signals to help each other anticipate the movements of their vehicles. Likewise, riders and drivers can prevent many accidents by simply giving each other enough space. Space between vehicles of any type gives drivers and riders a chance to respond to the movements of the vehicles around them. Many drivers do not realize that motorcycle riders need at least twice as much space as people driving other types of vehicles because of the way that they are designed to slow down and stop. There is a tendency for drivers to either treat motorcycles like cars and leave them the amount of space that a car would need (which is not enough) or to give them even less space than that because of the mistaken assumption that smaller vehicles need less space to maneuver.

Barrett Law PLLC:  Serving the Victims of Mississippi Motorcycle Accidents and Their Families

If you have lost a loved one in a Mississippi motorcycle accident or if you were injured in a motorcycle crash, the Mississippi Personal Injury Attorneys at Barrett Law PLLC are here to assist you. To learn more, please call our office today at 1 (601) 790-1505 to schedule a free consultation.

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Mississippi Automobile Accident Attorneys Discuss Accidents Caused by Drivers Taking Selfie

If you use social media, then you know what “selfies” are. In fact, when you check in on your social media accounts, you probably see plenty of selfies that have been posted by your friends and family. High quality cameras now come as standard equipment on most cell phones, and photo sharing applications enable cell phone and tablet users to edit pictures on the go. These technological advances have helped to make taking self-portraits, or “selfies” as they are commonly called, a popular pastime for many people.

Of course, there are many situations in which taking selfies can be dangerous, and even deadly. While you may feel as though that is common knowledge, more people than you might imagine are taking selfies in one of the most dangerous situations imaginable – behind the wheel of a moving vehicle. People are taking distracted driving to a dangerous new level, snapping selfies, and even posting them online while driving. If you are wondering how many people actually take selfies while driving, a recent study from AT&T and Braun Research suggests that approximately seventeen percent of drivers have taken a selfie while driving. In fact, driving selfies are all too easy to find on social media sites like Instagram, where users can help others find their pictures by labeling them with hashtags like #driving, #drivingselfie, and #hopeidontcrash.

This past March, Mississippi banned texting and driving.  Many states impose similar penalties for using social media while driving as they do for texting while driving, and it is unclear as of yet whether Mississippi will do the same. Bans on texting and smartphone use have been shown to be effective in reducing the amount of accidents caused by distracted driving, but not all drivers are so easily deterred. Drivers of all ages are continuing to snap and post selfies while driving, and some driving selfies are even posted by truck drivers in their eighteen wheelers and people who are driving construction vehicles and other types of heavy machinery.

Whenever you get in your car and drive somewhere, you may unknowingly be sharing the road with someone who is willing to risk their lives and the lives of others by taking selfies while driving. You can do your part to reduce the number of distracted driving fatalities by refraining from texting, taking selfies, or using social media while driving, and teaching your children to do the same.

Barrett Law PLLC:  Serving the Victims of Distracted Driving Accidents

If you have suffered an injury or a loss because of a distracted driver, the Mississippi Automobile Accident Attorneys at Barrett Law PLLC may be able to help you. Automobile accident cases can be complicated, especially when there is an injury or a loss involved. Our experienced and dedicated team of attorneys is ready to assist you and your family during this difficult and challenging time in your lives. Please call our office today, at 1 (601) 790-1505 to schedule an initial consultation.

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Mississippi Personal Injury Attorneys Discuss School Bus Accidents

Recently, sixteen Mississippi students and the bus driver were hurt in a crash which occurred when their bus flipped over. The accident was terrifying for the students who were on the bus, and for their parents, who waited nervously for word that their children were safe. This recent school bus accident calls into question the safety of something that is an essential component of many families’ weekdays – the bus ride to and from school.

Children all over Mississippi ride buses to school each weekday morning, and they ride them back home again in the afternoon. The parents of children who ride buses to and from school expect the bus drivers to get their children to school and back safely on a daily basis. Some children do not ride buses to school, but many families are not able to make rides to or from school in a parent’s car happen twice a day, five days a week. Many parents work on weekdays, making transportation on school buses the only real option for getting their kids to school on time each morning.

We realize that the recent school bus accident in Mississippi has got parents across the state wondering about the true safety of school buses. The National Highway Transportation Safety Administration firmly believes that school buses are, in fact, the safest way for children to get to and from school. Statistics support the National Highway Transportation Safety Administration’s assertion, showing that riding to school on the school bus is seven times safer than riding to school in a passenger vehicle.

If you rode a school bus to school, you may remember that there were not any seat belts on the bus. In most places, there are still no seat belts on school buses. School buses are designed much differently than passenger vehicles are, so they keep passengers safe in a much different way. The padded, high backed seats in school buses serve to divide them into compartments. This compartmentalization reduces the amount of movement that each individual passenger experiences during a collision. Also, school buses are large, so when there is a crash, the force of the impact is dispersed across a large area.  When school bus accidents do happen, injuries are likely to be minor, but that does not decrease the scariness of the experience for the children on board the bus or their parents.

Barrett Law PLLC:  Representing School Bus Accident Victims across the State of Mississippi

School bus accidents can cause a variety of injuries.  If you or your child have been injured in a school bus accident in Mississippi, the Mississippi Personal Injury Attorneys at Barrett Law PLLC can help.  We help accident victims pursue compensation for injuries, like medical bills, lost wages, pain and suffering, and more.  Call the compassionate and experienced Mississippi Personal Injury Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Personal Injury Attorneys Report: Teen Killed in ATV Accident in Hancock County

Recently, a teenage Mississippi boy was killed in an ATV accident. The Hancock County Sheriff’s office reported that the accident happened shortly after 4 p.m. on Sunday, February 22.  The teen apparently ran a stop sign while driving his all-terrain vehicle and was hit by a truck.  The accident occurred at Hancock Drive and East Pike Street West in Waveland.  The Chief Deputy stated that the accident was still under investigation and the driver of the truck did stop.

Each year, about 700 individuals will die in accidents related to all-terrain vehicles or ATVs.  Mississippi is home to a number of such crashes, and teens are among the most common of all victims.

ATVs are popular among both adults and teens.  The vehicles are generally used for sport but can also be used to haul heavy objects.  While ATV riding can be fun and exciting, these heavy vehicles also lead to accidents and serious injuries.  It is estimated by the U.S. Consumer Product Safety Commission that over 100,000 ATV accidents across the U.S. require emergency room treatment each year.  About a quarter of these trips involve children and teens under the age of 16.

ATV accidents often result from collisions with other vehicles, as in the Waveland accident reported, or the victim being thrown off the ATV.  Some of the most common injuries to result from ATV accidents include:

  • Traumatic brain injuries
  • Head injuries
  • Broken bones
  • Facial injuries
  • Amputation
  • Neck injuries
  • Spinal cord damage
  • Paralysis
  • Death

Individuals injured in ATV accidents may have the right to recovery for their damages incurred as a result of the accident.  The first step to determining whether an ATV accident victim can recover will be assessing who was responsible for the accident.  For instance, if you were riding an ATV on a trial that had a dangerous slant and you became injured due to this slant, the owner of the trail might be responsible for your injuries and could be held responsible in a personal injury lawsuit.  If, on the other hand, you were hit by a car while driving your ATV, an attorney would examine the potential negligence of the driver of the car.  If you are a passenger injured in an ATV accident, the at-fault ATV operator may be held responsible for your injuries.  Finally, for accidents caused by a defective component or a defectively designed ATV, the ATV manufacturer may be liable for your injuries.

Every ATV accident is unique and accident victims will require the assistance of an experienced personal injury attorney who will assess the crash and uncover your potential avenues for recovery.

Barrett Law PLLC:  Mississippi Personal Injury Attorneys Assisting in ATV and Other Accidents Across the State    

ATVs hold the potential to cause serious injury or death to operators and passengers.  All ATVs should be operated with parental supervision along with appropriate caution and must be maintained regularly.  If you or a loved one is injured in an ATV accident, the Mississippi Personal Injury Attorneys at Barrett Law PLLC are here to help.  Our attorneys understand the many factors that can cause an ATV accident, include manufacturer defects or negligent property owners.  Our skilled attorneys will fight zealously for your full recovery following an ATV or other accident.  Call the renowned personal injury attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Defective Automobile Accident Attorneys Discuss the Latest on the GM Ignition Switch Recall

On Monday, September 22, 2014, Kenneth Feinberg, the attorney overseeing GM’s program developed to compensate the victims of accidents caused by the company’s defective ignition switches, revealed that the death toll linked to the switches has risen.  Thus far, 21 individuals are believed to have died as a direct result of General Motor Co.’s faulty ignition switches.

Since August 1st of this year, nearly 700 claims have been submitted for injuries or deaths said to be caused by the defective ignition switches.  These claims are currently being processed.  At the time of the most recent press release, 21 death claims have been deemed eligible for compensation.  Another 16 claims have been accepted for serious physical injuries linked to the switches.

GM’s victim compensation program intends to continue to accept applications until December 31, 2014.  Applications are being accepted on behalf of anyone injured or killed in an automobile accident that is believed to have been caused by the faulty ignition switches which spurred the recall of 2.6 million vehicles earlier this year.  The ignition switches in question are reported to slip out of position, forcing the vehicle from “on” mode to “off.”  This causes vehicles to stall and disables airbags.  While 21 deaths have been confirmed to be caused by the switches, a total of 143 death claims have been submitted thus far.  The number of confirmed accidents and deaths could well increase in coming months.

A spokesperson for GM has publically stated that the company’s goal with the victim compensation program is to reach as many possibly injured individuals as possible.  Thus far, GM has accepted Feinberg’s award determinations and eligibility for compensation criteria.

Under the victim compensation program, the amount of compensation is not capped.  Each eligible death claim will receive at least one million dollars.  This figure could increase depending upon relevant factors, such as the existence of dependents or loss of substantial income due to the death.  GM has allocated $400 million to cover the costs of compensating victims.

As GM continues to handle the victim compensation program, it also recently received news that it will face a lawsuit brought by the family of a Georgia woman who claims GM concealed critical evidence concerning the faulty ignition switches that lead to their relative’s death.  In a hearing held in a Cobb County courthouse, the presiding judge denied GM’s motion to dismiss the suit.

The suit stems from an accident that actually occurred back in 2010.  Brooke Melton died in a car accident when her Chevrolet Cobalt switched suddenly into accessory mode, forcing her vehicle to collide with another driver.  Melton’s parents initially filed suit against GM in 2011 and reportedly settled for $5 million.  Evidence that emerged as a result of the lawsuit proved critical in prompting the massive recall of the faulty ignition switches.

After the recall became public, the Meltons asked GM to withdraw the settlement on the basis of concealment of evidence.  GM refused, and now faces another suit by the Meltons alleging both fraud and false inducements to settle.

Barrett Law PLLC: Assisting the Victims of the GM Recall  

If you or a loved one has been involved in an accident that may have been linked to a faulty GM ignition switch, the Mississippi Defective Automobile Attorneys at Barrett Law PLLC can help.  The deadline to apply to the victim’s compensation program is fast approaching.  The attorneys at Barrett Law PLLC will evaluate your accident and provide you with an assessment as to your ability to recover.   We will then assist you in drafting and filing your claim in the strongest manner possible so that you obtain the compensation you deserve.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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