An Overview of Catastrophic Injuries in Mississippi

Each year, several thousand people in Mississippi are injured in serious car and trucking accidents located throughout the State.  A large proportion of these victims unfortunately sustain catastrophic injuries, which is defined as a sudden, life altering accident that leaves it victims disabled or seriously impaired for the remainder of their lives.  Unfortunately, catastrophic injuries often have devastating consequences, such as permanent disability, scarring, chronic pain, devastating disfigurement, loss of income, the inability to work, endless medical expenses and more.  In general, catastrophic injuries are typically caused by the wrongful misconduct or negligence of others, perhaps due to reckless driving, driving over the speed limit, driving while intoxicated or driving while distracted.  Overall, the most common forms of catastrophic injuries are as follows:

  • Back injuries & spinal cord damage
  • Disfiguring burns
  • Blindness
  • deafness
  • Traumatic amputations
  • Complete or partial paralysis
  • Traumatic brain injuries
  • Deep lacerations
  • Serious organ damage
  • Internal bleeding
  • Wrongful death

For victims that face these types of catastrophic injuries, much uncertainty remains as to the quality of their future.  In fact, catastrophic injury victims often have no idea as to whether they will ever be able to walk, perform routine tasks, work or enjoy life as they did before their accident.  Moreover, not only do catastrophic injuries greatly impact its victims, friends and family also feel the effects as they try to help them adjust to their new lives following their accident.  For those that ultimately lost a loved one as a result of catastrophic injuries, they are left with a lifetime of emotional trauma and pain.

While every type of injury is different, there are aspects that are similar to nearly all catastrophic injury cases.  For example, catastrophic injuries as a whole are often challenging to treat, have life threatening and sometimes fatal consequences, cause severe emotional trauma, leave many people with painful disabilities and can be complex to prove in a court of law.   Moreover, they often require a significant amount of medical treatment and numerous hours of painful rehabilitation.   Lastly, they may also require a victim’s immediate family members to greatly alter their in order to appropriately care for them in the future.

If you sustained catastrophic injuries, it is crucial that you speak with an experienced Mississippi personal injury attorney today.  We will take the time to review your case and advise you of all of your legal options.  Don’t wait until it is too late to fight for your rights and obtain the compensation you rightfully deserve for your injuries.

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Compensatory Damages Versus Punitive Damages in Mississippi

Mississippi law allows victims and survivors to seek compensatory and, oftentimes, punitive damages when the legal standard of negligence is met. When another person harms you as the result of a car accident or another negligent action causing personal injury or death to you or a member of your family, you have the right to sue the negligent party for damages. Damages is generally considered a quantifiable monetary award paid to victims pursuant to judgment of the court (or a settlement agreement authorized by the court).

Within the context of personal injury law, damages are either compensatory or punitive:

  • Compensatory damages — Reimbursable expenses, such as medical expenses and lost wages, and subjective considerations, such as pain and suffering or mental anguish are compensable.  In Mississippi, damages for personal injury are sought by petitioning a state court for compensatory damages under Miss. Code Ann. § 11-1-69 or, in the case of wrongful death, Miss. Code Ann. § 11-7-13.
  • Punitive damages – The courts have the discretion of ordering punitive damages as a matter of civil punishment and to deter similar behaviors in the future. Miss. Code Ann. § 11-1-65 must be included in the petition if you wish to seek punitive damages in addition to compensatory damages.

Simply put, criminal restitution is to civil compensatory damages, what a criminal fine or incarceration is to civil punitive damages. The former reimburses, the latter punishes.  Mississippi law has placed statutory caps on punitive damages and limits who is eligible to file for compensatory damages (e.g., certain family members may file on behalf of a minor child, incapacitated party, or decedent).

Contributory negligence is also applicable within the context of damages for personal injuries and/or wrongful death, which occurs when the victim is at least partially responsible for the cause of his (or her) own injuries. Mississippi Code Annotated § 11-7-15 does not bar recovery of a damages award due to contributory negligence, although an award can be reduced. The reduction is based upon a formula which assigns percentages of responsibility to each party – the plaintiff and the respondent.

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What does “personal injury” mean?

Personal injury is a matter of assigning liability. The person who harmed you or a member of your family is the responsible party and, therefore, incurs liability. A car accident resulting in personal injury, for example, can be compensated with a damages claim to offset actual costs of lost income and medical care. There are, generally, no caps on compensatory damages in Mississippi, although punitive damage awards are capped.

Personal injury liability applies to claims of:

Negligence – The person responsible for injuries suffered by you, or a loved one, is the negligent party. The driver of car #1 runs a traffic light and t-bones car #2 at an intersection is the negligent party, for example, and the driver of car #1 incurs liability for injuries caused in the collision.

Product liability – The manufacturer, installer, and/or seller of a defective product is responsible if you, or a loved one, are injured due to a product defect. An example is a drug manufacturer that markets a drug that later results in injury or death to patients prescribed with the drug; the drug manufacturer incurs liability for ensuring injuries or death.

Strict liability – In cases of tortious intent or negligence, liability applies — although a finding of fault may not be applied. This is referred to as “strict liability.” In other words, the plaintiff (victim) has to prove a tort of dangerous or reckless actions occurred, and that the responsible party is the defendant. Strict liability frequently applies to product liability matters. Punitive damages may be additionally in order if the plaintiff can prove the defendant knowingly committed the egregious act that led to a personal injury or wrongful death.

Wrongful death – Civil liability can be assigned to the person or persons responsible for causing a death. Wrongful death and negligence coexist in a statutory sense, extending the elements of personal injury to specify fatal injury. The driver of a car that crashes, resulting in the death of a passenger, incurs liability for the wrongful death.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi personal injury attorneys by calling (601) 790-1505.

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School Bus Safety Tips For You And Your Family

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Once again it is that time of the year again. The Summer sun has now finally turned to the leaves of Fall and cooler temperatures are once again upon us. However, Fall can only mean another thing for students the end of days by the pool and the return to the classroom. School is just one of those things in life that we all have to deal with whether from the perspective of the student, or that of the parent. Yet, when it comes down to public transportation methods for students, such as school buses, are you and your child both update with safety tips you should know, and live by?

Understanding School Buses Inside And Out

School buses have always been known as the “big yellow cheese”, whether we rode them as children, or adults. Today, school buses now have the possibility of being updated greatly with safety belts, tinted windows for students, and even air conditioning units. However, contrary to that of the old days one thing certainly has not changed, which is that of accidents associated with school buses. When a school bus is out on the road performing its purpose of transporting students from one place to another we expect the school bus operator to be 100% safety conscious.

Safety and School Buses Go Hand In Hand

Unfortunately, that is not always the case. In order to make sure you, and your child are safe from school bus related accidents here are a few things you should know pertaining to that of school bus safety.

  • When a bus has stopped, and either has flashing lights, or a stop sign make sure to stop behind the bus and be patient. Students are exiting it.
  • Always be alert of school buses on the road and make sure that the driver can actually see you, and you understand the size of a school bus.
  • Remember when you see a school bus in residential areas to always go the school speed limit allotted in the zone in order to help keep everyone safe.

Remember, everyone has ridden a school bus at one point or another in their lives, and understand safety factors of it to some degree. However, when you, or your child are involved in a school bus related accident of any kind whether it was your fault, or not you need an experienced automobile accident attorney by your side every step of the way.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Common Myths Regarding Personal Injury Claims

Frivolous Lawsuits are the Exception Rather than the Rule

Many people view personal injury claims very negatively, believing that people who file such lawsuits are nothing more than frivolous money-grubbers. The belief that people will claim compensation regardless of the ethical or moral implications of the case is one of the primary myths surrounding personal injury cases. In fact most personal injury cases are filed by those who have suffered legitimate accidents and injuries and frivolous lawsuits are actually few and far between. The cases which are frivolous tend to get so much attention from the media that it can seem like most personal injury cases are without merit. The insurance lobby has perpetrated the idea that personal injury attorneys are getting rich on the average citizen’s dime. They make people think that personal injury lawsuits are costing the public thousands each year in insurance premium and the necessary taxes which support the judicial system.

Personal injury cases which are without merit will simply be dismissed by the judge and personal injury attorneys who file frivolous claims can be severely sanctioned by the court system. Most law firms that have successful businesses are far removed from the stereotype of an ambulance chaser. If you have been injured in an accident through the negligence or recklessness of another person, it is important that you have a personal injury attorney by your side who will act with integrity and will have the necessary experience to fight for what you deserve. That being said, not every personal injury victim will receive compensation for their claim. Some cases are simply too weak or inconclusive to merit a settlement.

Not Every Person Who Files a Personal Injury Claim Receives a Settlement

A second common myth regarding personal injury cases is that only those who take their case to court will receive compensation. In fact, most personal injury cases will never go to trial and will be settled outside of a courtroom. It is simply more time and cost-effective when cases are settled outside of a judge and jury. While some victims of injuries believe they can go it alone and not have to “share” their settlement with an attorney, this is one of the worst decisions a person injured in an accident can make. It is rare that the person who chooses to represent himself will receive the deserved amount of compensation. Personal injury attorneys are trained to represent injury cases in court before a judge and jury as well as to negotiate a reasonable settlement.

How Long Will it Take to Reach a Settlement?

Another common myth is that personal injury cases are so complex and time consuming that it can be years before a settlement is finally reached. In reality most personal injury cases will settle within eight to twelve months of the initial accident claim. While more complex cases which involve extremely serious or multiple injuries can take a bit longer to settle as can those in which liability is uncertain, the trial is usually the most time consuming part of the personal injury case.  If you have been injured by the negligence of another, a knowledgeable personal injury attorney can advocate on your behalf to get the best settlement possible.

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Overview of Premises Liability in Mississippi

Premises liability is the area of law that specifies the legal obligations of a property or premises owner to make hazards on one’s property safe or warn visitors of potential dangers.  Although Mississippi law does not make premises owners an insurer for the safety of those that come on their property, the law does impose an obligation to take reasonable remedial measures to protect visitors from dangerous conditions created by a property owner.  The scope and nature of this duty turns on the individual facts of a particular premises liability case.

At Barrett Law, our experienced premises liability attorneys provide effective legal representation to those injured on the premises of others particularly businesses and public entities that hold their property open to the public.  The vast array of types of premises liability cases are virtually limitless because there are many hazardous conditions that may cause serious injuries including the following:

  • Trip and falls on debris, trash and other clutter
  • Swimming pool accidents involving drowning and head injuries from diving accidents
  • Negligent security that permit visitors to become victims of physical or sexual assaults
  • Drain entrapment accidents
  • Slip and falls resulting from failure to clean liquids or foreign substances on flooring
  • Falls caused by broken steps and stairs with missing railings

These are just some of the types of incidents that may be the basis for a premises liability case in Mississippi.  Our experienced Mississippi premises liability attorneys understand that Mississippi premises liability cases require careful investigation, analysis and presentation of the facts to build a compelling case supporting the liability of a property owner.  Our Mississippi premises liability lawyers carefully analyze critical facts including:

  • The duration of time the hazard existed
  • Whether the hazard was caused by the property owner
  • Basis for actual or constructive knowledge of the hazard
  • Remedial measures taken by the owner of the premises to make the hazard safe
  • Reason for the injury victim’s presence on the premises
  • Maintenance and custodial procedures to discover and correct hazards

Because evidence can disappear and witness memories fade, our experienced Mississippi premises liability attorneys investigate these cases promptly.  Many times in premises liability cases the insurance carrier for the defendant will attempt to shift the blame for the accident to the injury victim.  We fight tenaciously to make sure that property owners that do not take reasonable precautions to protect injury victims are held accountable for their lack of care.  If you or someone you love has suffered serious injury or a loved one has died because of a hazard on the property of another, we may be able to help.  We have over 75 years of experience representing personal injury victims in Mississippi so call us today at (662) 834-2376 for a free case evaluation.

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Criminalization of Distracted Driving Can Benefit Mississippi Personal Injury Victims

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Distracted driving in its many forms poses one of the greatest motor vehicle safety risks to those on Mississippi roads.  Drivers who are using a cell phone, eating, drinking, putting on makeup, reading or otherwise not focusing their full attention on traffic and the roadway cause many accidents.  In a typical year, distracted drivers cause over 410,000 injuries and almost 3,100 fatalities according to the Department of Transportation website “Distraction.com.”  Because of the alarming number of families who have their lives turned upside down by drivers who are not focused on driving, distracted driving may become a basis for imposing criminal liability on drivers.

A Massachusetts driver was recently convicted for motor vehicle homicide and a slew of other crimes related to a car accident caused by the driver who was engaged in text messaging at the time of the collision.  The accident resulted in the death of a father of two small children and injury to two others.  The district attorney in the case provided cell phone records for the teen driver, which revealed that the seventeen year old driver sent over 190 text messages the day of the fatal car accident.  Some of the texts were sent immediately before the accident and dozens after the collision.  The teen driver was sentenced to a year of jail time along with other penalties.

Most states including Mississippi have laws that impose criminal liability on drivers who engage in unsafe driving practices that result in serious injury or wrongful death.  It is reasonable to presume that Mississippi prosecutors and those in other states may also start to pursue criminal charges against distracted drivers who cause car accidents resulting in personal injury or wrongful death because they are using a cell phone while driving.  This criminalization of distracted driving particularly involving cell phone use seems appropriate given that the scope and the danger associated with texting and talking on a cell phone while driving is similar to DUI/DWI.

There may be significant advantages for car accident victims injured by distracted drivers if prosecutors pursue criminal liability for drivers that are texting or calling on a cell phone when they are involved in a collision.  For example, personal injury and wrongful death injury victims may be able to use the doctrine of negligence per se when the ban on text messaging is violated.  Negligence per se essentially provides that someone who violates a public safety law may be held strictly liable for any injuries caused by the driver’s violation.  Because bans on text messaging are designed to protect other drivers, passengers and pedestrians, a violation of a law prohibiting texting and driving may facilitate proving liability in a personal injury lawsuit based on negligence per se.

If you or someone you love have been injured in a Mississippi auto accident involving a distracted driver using a cell phone our experienced Mississippi distracted driving auto accident attorneys can analyze your case and advise you of your rights.  If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, our experienced Mississippi car accident attorneys at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

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Sparkler Bombs Cause Debilitating Permanent Injury in July Fourth Firework Accidents

Despite warnings from fire departments, public safety officials and even this blog, firework accidents on the Fourth of July seem almost inevitable.  A Kenner, LA man had his hand literally blown apart and suffered what law enforcement authorities called massive injuries to his other hand, arms and legs in a serious firework accident on the Fourth of July.  The initial reports revealed that the man suffered the loss of his left hand entirely, several fingers on his right hand as well as severe burn injuries and lacerations to his torso.

The fireworks injury victim attempted to remove the fuse from 144 sparklers that he had duct taped together in a “sparkler cluster” before it exploded.  This tragic firework accident is one of many that occur each year because fireworks are inherently dangerous especially if they are not used with a great deal of care and prudence.  This accident involving fireworks reveals the serious types of injuries that can be suffered when firework accidents occur.

While sometimes the comparative negligence of someone using fireworks inappropriately can limit or bar recovery, this is not always the case.  It may depend on the foreseeability of such misuse as well as the instructions and warnings that are provided with the fireworks.  Product liability law may form a basis for pursuing a claim against a company that manufactures or sells fireworks if flaws in the design, production or marketing of the fireworks result in fireworks injuries.

Many times firework injuries occur because the firework is defective or lacks adequate warnings regarding the safe use of the pyrotechnic device.  Fireworks pose some risk to consumers regardless of how carefully they are used but substandard manufacturing of these devices can put consumers at an extremely high risk of being injured in a fireworks accident in Mississippi.

Sparkler bomb accidents are particularly dangerous and growing in frequency.  In Arkansas, a teenager died in an accident where a sparkler bomb that consisted of 300 sparklers taped together exploded this Fourth of July.  The teen lit the fuse and tried to put an upside down trash can over the sparkler bomb, but it exploded before they could do so.

If you or someone you love is injured in a fireworks accident, we invite you to contact our experienced Mississippi firework accident attorneys.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

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Fourth of July Fireworks Can Result in Devastating Injuries

The Fourth of July is only a few days away which means many that many people will be lining up to purchase fireworks under the mistaken belief that because they are allowed they are safe.  There will also be many people who will completely disregard warnings on certain types of fireworks putting others at risk of physical injury.  The bottom line is that any form of firework can be dangerous and cause serious injury if not used carefully.  Even when they are used carefully, fireworks can cause severe injury.

Unlike many other states, Mississippi allows virtually all fireworks to be used legally including:

  • Bottle Rockets
  • Ariel Items
  • Skyrockets
  • Sparklers and Punks
  • Firecrackers
  • Missiles
  • Roman Candles
  • Fountains

These are just a few examples, but they convey the permissive extent of Mississippi law toward fireworks.  Fireworks can be extremely dangerous and cause 10,000 confirmed injuries annually with many more that go unreported.  Predictably, young adults and small children make up the bulk of these injuries.  Children and teens under the age of 15 account for forty percent of all firework accident victims.  Almost sixty percent of those who suffer reported injuries in firework accidents are under age twenty.

Many types of fireworks, such as airborne fireworks like bottle rockets, flaming projectile fireworks like roman candles and exploding firecrackers can be particularly dangerous.  These forms of fireworks create a high risk of causing serious injury including third degree burn injuries, loss of fingers, disfigurement and eye injuries.  Most of these injuries can be prevented if the user is under adult supervision and exercises prudence and caution when using the pyrotechnic device.  It is not uncommon for careless users to cause injury to innocent third parties when throwing fireworks, shooting projectiles or causing fires.  When someone is injured by the unsafe use of fireworks, the injury victims may have a right to compensation for injuries including those that result in permanent disability like blindness.

There are other cases where a user of fireworks is injured because of defective design or manufacturing of the firework.  When someone suffers injury because of defective fireworks, the person may have a right to pursue a personal injury claim against anyone in the production or distribution chain.  If you or someone you love is injured in a fireworks accident, we invite you to contact our experienced Mississippi firework accident attorneys.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

 

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8th Grader Files $15 Million Lawsuit for Vision Loss Suffered in Bullying Attack

Most parents presume that when they walk their children to the bus stop or drop them off at school, their children will be relatively safe and protected from violent assaults.  Unfortunately, bullying of students by fellow students is on the rise.  While a parent may reasonably assume that all that is needed to stop bullying of their child is to alert school administrators of the problem, sometimes administrators or teachers do not take sufficient action to protect children in their care.

A recent New York case in which a fourteen-year-old eighth grade boy may have permanently lost his vision in one eye serves as an example of the seriousness of the problem.  The boy suffered damage to his cornea in a brutal attack by bullies in the school cafeteria.  The parents say that the boy repeatedly informed the principle of prior attacks, but the boy’s $16 million lawsuit alleges that school administrators were “negligent” and “inept” in failing to take adequate action to protect the boy.  He has had to undergo two surgeries on his eye, and his vision loss in the eye may be permanent.

While it may be tempting to dismiss this brutal attack as something that happens in big cities like New York, the statistics on bullying make it clear that kids across the country are increasingly at risk of being physically attacked when school officials fail to provide adequate supervision, security or remedial action.

  • Over half of all school students report witnessing a bullying crime like a physical assault or battery.
  • More than seventy percent of children report bullying at school as an ongoing problem.
  • Ten percent of all students report seeing a student with a gun at school.
  • Approximately 280,000 kids per month report being physically attacked at school.

When you entrust your child to the supervision of school officials, it reasonable to presume that effective measures will be taken to prevent or remedy bullying so that your child does not suffer serious injury.  When school administrators ignore incidents involving hitting, punching, kicking and attacking students in their care, the school district may be liable if school officials fail to take adequate steps to prevent injury to students caused by bullies.  If your child has been attacked, it is important to put school administrators on notice immediately because they have a legal duty to take appropriate action to reduce the risk of future bullying incidents.

If your child has suffered serious injury because of the failure of school administrators to take reasonable action to prevent bullying, our experienced Mississippi personal injury attorneys may be able to help.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

 

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