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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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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