When you are driving along Mississippi roads, it is not uncommon to see people putting on makeup, looking at the GPS device, bending down to scroll through the music options, or using a cell phone or other electronic device.  These various forms of distracted driving lead to dangerous situations where the driver’s focus is off the road at the critical time.

In Mississippi, a campaign to target distracted drivers started in Oxford in early November, 2013, and is spreading to other areas along the coast.  The campaign, known as “Pay Attention or Pay a Fine” targets behaviors that lead to a driver not paying attention to the road and driving in a careless manner.  According to a local news story, Lieutenant  Johnny Poulos of the Mississippi Highway Patrol stated that they would not be pulling people over for eating while in a vehicle, but they would have officers looking for other dangerous behaviors.

Distracted driving can be a serious problem even when people do not consider themselves to be distracted.  There are three different classifications of distracted driving that have been set forth for the Centers for Disease Control and Prevention (CDC), which are:

  • Manual distraction – the driver removes one or both hands from the wheel in order to do something, whether that is texting, drinking coffee, plugging an address into the GPS, or performing any other activity;
  • Visual distraction – removing one’s eyes from the road to the extent that it leads to a loss of focus and negligent driving; and
  • Cognitive distraction – while it may seem perfectly normal to think about the weekend events or evening’s menu, this may lead to a distraction that leads to a loss of reaction time at a critical moment.

Some of the activities that lead to distracted driving without being regularly thought of as a distraction include:

  • Checking on the children in the backseat, which entails many glances in the rearview mirror and turns in the seat;
  • Bringing your pet along for the ride – having a loose animal can lead to paying attention to what the animal is doing rather than the stopped traffic on the road ahead;
  • Driving while fatigued – this is particularly dangerous because the driver may believe that he or she is paying attention to the road, but the exhaustion leads to a loss of focus; and
  • Focusing on the billboards – while advertisers are trying to grab the attention of drivers, reading the marketing text may lead to a critical distraction.

In order to be safe from distractions, there are some things to do, including:

  • Driving defensively – by staying aware of what is going on around the driver, it may be possible to react quickly to a potential problem;
  • Never use technology while driving – taking the time to pull off the road may be a life-saving decision;
  • Maintain a safe driving distance with other vehicles on the road;
  • Wear seat belts and make sure your passengers are buckled up as well; and
  • Stay focused on the road – thinking about what you are doing will help you react when it is critical.

More municipalities are taking action against distracted driving because this is an increasing threat to everyone on the road.  If you were the victim of a distracted driving accident, it is critical to get the right legal help as soon as possible in order to preserve your rights.

Barrett Law PLLC Fights for Those Who are Injured as the Result of Distracted Driving

In an age where people are praised for multi-tasking on a variety of technological devices, it is understandable that the mindset carries over to driving.  However, this distracted driving leads to serious crashes along roadways across Mississippi.  If you were injured in a car accident caused by distracted driving or some other negligent behavior, the compassionate and skilled Mississippi Personal Injury Attorneys at Barrett Law PLLC are here to protect your interests.  To schedule a free and confidential initial consultation, please call (601) 790-1505.

If you or a loved one has recently been injured in an automobile accident, you are likely dealing with many different, yet challenging issues.  These typically range from your injuries and recovery, to whether your insurance will cover your medical expenses, to your future employment prospects (depending upon the nature of your injuries), and the necessity to file a lawsuit to recover damages to which you are entitled.  If you have talked to anyone who has ever been through a similar experience, or read anything about such matters on the web, you many have run across the term “specials” in the discussion of damages to which you might be entitled.

The law firm of Barrett Law PLLC has been representing individuals injured as a result of automobile accidents for decades.  We are, therefore, very familiar with what the term “specials” means and have written this short article to help you understand the concept.

Generally speaking, there are two major types of damages awarded in an automobile accident, both of which are forms of compensatory damages.  Compensatory damages are designed to compensate someone for actual losses, as opposed to punitive damages, which are designed to deter similar future conduct by both the defendant in question and other individuals or companies in society.  The two types of compensatory damages are general damages and special damages. Despite the use of the term, special damages are not really “special”.  That is, “specials” are standard damages awarded in personal injury lawsuits, including motor vehicle accident cases.

“Specials” include three main components:  medical expenses; property damage; and loss of earnings.  Given high deductibles, co-pays, out-of-network concerns, and the like, medical costs are soaring.  Medical bills can quickly amount to tens of thousands of dollars and can easily climb in excess of $1 million.  These costs are, quite simply, insurmountable for most individuals.  Luckily, your medical expenses are one key portion of “specials” that are recoverable.  Navigating the maze of dealing with insurance companies, both yours, including your health insurance and automobile insurance, and the other driver’s insurance in such matters is difficult.  You need an experienced attorney to help guide you through the process in order to maximize the amount of your medical expenses that you recover for.  The professionals at Barrett Law PLLC have been working for individuals injured in automobile accidents for decades, and we can help you understand the ins and outs of recovering for your medical expenses.

Undoubtedly, if you were involved in an automobile accident, your vehicle was damaged.  You are also entitled to recover these damages.  As with your medical expenses, dealing with the various insurance companies in order to maximize your recovery for damage to your vehicle can be difficult.  Again, having an experienced attorney represent you through this process is important.  Having an attorney in your corner allows you to focus on your personal recovery, while your attorney focuses on your financial recovery.

Finally, you are entitled to recover for lost wages.  This includes past and future lost wages.  Figuring out the amount of future lost wages that you may be entitled to is difficult and includes considerations of age, wage increases, and number of years of future work.  To maximize your ability to recover, you should retain an experienced attorney who understands when experts are necessary for determining these damages and who knows what experts to hire.

Barrett Law PLLC has been representing the rights of individuals injured in automobile accidents for decades, and will continue to do so for decades into the future.  If you or someone you love has been injured in an automobile, please contact our firm today.   We can be reached at (601) 790-1505 to schedule an initial, no-cost consultation.

Several weeks ago, in Norwalk, Connecticut, a tractor-trailer flipped onto its side and skidded down Interstate 95 for approximately a quarter of a mile.  The truck was carrying scrap aluminum, which was scattered all over the interstate.  Traffic in all of the southbound lanes of Interstate 95 was shut down for four hours.  The driver of the truck, Harry Myers, was injured, but not critically.  Fortunately, no one else was hurt.

Authorities indicated that the hydraulic pump on the truck malfunctioned.  It started to raise up the back of the truck, much like a dump-truck operates.  In cases like this, and when individuals are unfortunately injured, our law firm receives many questions about the individuals or companies that might be responsible.  This article is a short summary of companies and individuals that are often found to be responsible for such accidents.  The list is not meant to be exclusive, but just to provide information about who might be liable for your injuries.

First and foremost, the actions of the driver of the truck in question should be examined.  Very often, driver error, inattention, or other behavior, such as alcohol use, will be a contributing factor to the accident.  Unfortunately, drivers may or may not be appropriately insured, and it is often important to look beyond the driver to be able to fully recover the damages to which you are entitled.

If the driver was driving the truck during working hours and for a work-related purpose, his or her employer could be liable for your injuries as well.  The legal term for the employer’s responsibility for its employer’s actions is respondeat superior.  There are exceptions for this liability, however.  In order to ensure that an employer or insurance company does not claim these exceptions without an appropriate basis for doing so, it is important for you to retain an attorney experienced in these types of lawsuits.  Defendants and their insurance companies will do everything they can to minimize payments to injured individuals.  Because of this, you need someone in your corner doing everything they can to maximize the recover you receive.

The truck manufacturer and component part manufacturer may also be liable for your injuries.  For example, in the case briefly discussed above, the manufacturer of the hydraulic pump that apparently caused the accident may be responsible.  Depending upon the facts of the accident, the truck manufacturer itself might be responsible.  For example, was the truck improperly assembled?  With the sophistication of today’s trucks, it can be difficult to determine what component parts may have malfunctioned, and how, as well as how that contributed to the accident.  Because of this, it is likely that an accident reconstruction expert will need to be retained.  Retaining experts is expensive, and it can be very difficult to obtain the right expert.

Also potentially liable for a trucking accident are companies who own and/or serviced the truck in question.  This may or may not be the same company as the driver’s employer.  Trucks are subject to routine maintenance and inspection requirements under Federal Motor Carrier Safety Administration regulations.  Reports are to be kept of such inspections.  In an accident in which inadequate maintenance is suspected as the cause or a contributing cause, it is vital to obtain maintenance records.

For 75 years, Barrett Law PLLC has been representing individuals injured in car and truck accidents located in Mississippi and throughout the Southeast.  If you have any questions, or sustained injuries in a truck-related accident, please contact us at (601) 790-1505 to set up a no-cost and completely confidential consultation.

Individuals experiencing injuries related to a car or truck accident often have questions about the nature and extent of damages to which they may be entitled.  Although the exact nature and extent of your injuries will largely determine the amount of damages you are awarded, there are several broad categories of damages to which most injured individuals are entitled.  These categories are discussed in more detail below.  If you or a loved one has been injured in a car or truck accident in Mississippi, Barrett Law PLLC, can help answer any of your questions about damages or other questions you might have.  We can be reached at (601) 790-1505.

There are two major types of damages—actual damages and general damages.  Actual damages include expenses and other costs that you incur as a result of a motor vehicle accident.  General damages include all other types of damages.

One of the most common categories of damages awarded to an individual injured in a car or truck accident is damages for medical expenses.  Even in a relatively minor accident, medical bills can quickly amount to thousands of dollars.  If you do not have medical insurance, or have high deductibles or co-pay rates, the expenses associated with your injury can be staggering.  Depending upon the limits of the policy of the individual at fault, as well as your policy, you are entitled to reimbursement for all of the medical expenses you incurred as a result of the accident.

Another common actual expense is loss of wages.  If you suffered any kind of injury that prevented you from working for a period of time, you can recover for this lost income.  Additionally, if your injuries are such that they will affect your ability to work into the future, you can seek damages for future lost wages.  Determining the amount of future lost wages you may be entitled to is not as simple and determining your current wages and calculating your current wages over a future period.  Considerations such as wage increases, number of years of future work, and the present cash value of those wages must be taken into consideration.  Often times, these calculations require hiring an expert.  If you are an individual facing significant future lost wages, you should retain an attorney.  You want to maximize your ability to recover, and knowing the right experts to rely on will help you do that.  After all, the insurance company will have plenty of experts in its corner.  You want the best ones it your corner.

You are also entitled to compensation for any property damages you incurred, which includes your vehicle and other items that may have been in your vehicle and were damaged or destroyed due to the accident.

With regard to general damages, one of the most common categories of damages awarded is for pain and suffering.  Obviously, the more severe and long-lasting your injury, the more damages you are likely to be awarded.  Severe injuries such as loss of limbs, paralysis, burns, and disfigurement will give rise to more significant awards.

Damages related to emotional distress and anguish as a result of the accident are another category of compensable damages.  Individuals frequently suffer psychological symptoms after an accident; the more severe the accident, the more severe the psychological symptoms usually are.  Common occurrences are depression and anxiety.  If you have suffered such symptoms, or other emotional or psychological distress, you may be able to recover damages related to this distress.  Damages related to treating such conditions, however, are recoverable as actual medical expenses.

Loss of consortium is another compensable loss.  Loss of consortium refers to any individual’s inability to engage in relationships with his or her loved one as before the accident.  If you have been or will be unable to engage in activities with your family that were a part of your life before the accident, you may be able to recover for the loss of this enjoyment of activity.  Loss of consortium damages typically encompass relationships with both a spouse and with children.

Barrett Law PLLC, represents individuals injured in motor vehicle accidents in the Lexington, Mississippi, area.  Jonathan Barrett has been fighting for the rights of the injured for years—let him fight for yours if you have been injured.   We can be reached at (601) 790-1505.

Tragedy struck the town of Tupelo, Mississippi, on September 6, 2013, when Olidia Acosta and her daughter Vianett Castillo were killed by a runaway truck.  Ms. Acosta, just twenty years old, and her daughter, a child of only two, were sitting in the vehicle waiting for a family member to emerge from Acceptance Auto Insurance.  Sometime between 10:30 a.m. and 10:45 a.m., a semitrailer crashed into the vehicle.  The vehicle was then thrust into the Acceptance Auto Insurance building.  Reports indicate that the vehicle, a Chevy HHR, was crushed by the semitrailer.  Crews had to work in excess of an hour to lift the semitrailer off of the Chevy HHR.  Both Ms. Acosta and her daughter were pronounced dead at the scene of the accident.

No one was driving the semitrailer.  It had been parked on Mitchell Road Extended, but somehow rolled down Mitchell Street Extended, across South Gloster Street, and into the vehicle in which Ms. Acosta and her daughter were sitting.  Authorities are continuing to investigate the cause of the accident.

Given the nature of the accident, it could be that the brakes were not engaged by the driver or that the brakes failed.  Of course, there may be other causes of the accident, as well, and the authorities will continue to investigate what happened, as indicated above.

Truck accidents involving failed brakes are of two main types, and both can have a variety of causes.  One type of braking problem is the complete failure of the brakes.  Despite the infrequency of such an occurrence, the effects are absolutely devastating.  Total brake failure can result from in the air brake system of a semi-truck, which prevents proper operation of the air brakes.  Complete failure of an air brake or other braking system can also be caused by leaks in any of the multitude of hoses, pumps, and other components of the braking system.

Aside from total brake failure, inadequate braking capacity can cause accidents such as the one that killed Ms. Acosta and her daughter.   In incidents involving inadequate braking capacity, the brakes function but do not function properly or sufficiently. Many causes of inadequate braking capacity exist, including worn or missing brake components; worn tires; overheated brakes; improperly loaded trucks; or unequal pressure in tires.

No matter the superficial cause of brake failure, the actual cause is nearly always improper care in maintaining or loading a truck.  Accidents involving failed or inadequate braking capacity can be complicated to litigate.  Generally, experts are required to reconstruct the crash scene, to analyze the vehicles in question, and to analyze the maintenance history of the vehicle that caused the accident.  Additional experts may also be necessary to provide testimony about the nature of the victim’s injuries, his or her potential for recovery, and the economic damages the victim has faced and will fact as a result of the accident.

Determining who may be at fault for the accident can also be more difficult than it may seem.  For example, was it the driver, the company for which the driver was working or contracting, the maintenance worker servicing the truck, or the company that loaded the truck improperly?  In order to ensure complete recovery of all damages to which an injured individual is entitled, all avenues of liability must be explored.

These complexities necessitate retaining a law firm experienced in representing individuals injured as a result of trucking accidents.  Barrett Law, PLLC is that law firm.  Our firm has been representing the rights of individuals injured in trucking accidents for decades, and will continue to do so for decades into the future.  If you or someone you love has been injured as a resulting of a trucking accident, please contact our firm today at reached at (601) 790-1505 to schedule an initial, no-cost consultation.

 If you have been seriously injured in a car accident in Mississippi, you likely have conducted some research online in order to find an attorney to assist you.  Although sustaining injuries in a car accident is difficult enough, sometimes finding the right Mississippi auto accident attorney can become a rather formidable task.   In the Yellow Pages and on numerous law firm websites, many attorneys promise to deliver a multitude of results however, there is no way to tell whether they are being honest about their level of experience or not.  Additionally, many personal injury attorneys often state that they are “experienced” or “highly skilled” however, they have in fact only handled relatively few auto accident cases.

Overall, there are several important qualifications that an attorney should possess when representing clients in personal injury matters.  The following are some useful tips that you should consider when hiring a Mississippi auto accident lawyer:

  1. Hire an attorney who has significant experience in personal injury representation.  Only a qualified personal injury attorney has the skills necessary to handle your case, regardless of how challenging or complex.   To illustrate, an experienced attorney is in the best position to maximize your chances of recovering since they are familiar with the laws, the local courts and the judges.
  2. Ask family and friends whether they can recommend a qualified personal injury attorney.  Oftentimes, the best attorneys are those that build their businesses and their reputations by word of mouth.
  3. Only work with an attorney who will take the time necessary to explain everything about your case in a clear and concise manner.  It is never recommended that a person hire an attorney who cannot explain things in layman’s terms.  Essentially, the failure to understand various aspects of your case may affect your ability to make informed decisions throughout the pendency of your lawsuit.
  4. Do not hire an attorney who is not forthcoming about his or her fees. When working with an attorney, you should always be familiar with all of the court costs and associated expenses of your case.
  5. Do not work with an attorney that makes you feel uncomfortable or who seems impatient.  In other words, it is important to hire an attorney that is compassionate, patient, and aggressive – only when necessary. Sometimes, overzealous attorneys are just as ineffective as inexperienced ones.  Moreover, do not hire an attorney that fails to listen to you or to respect your decisions.  In other words, you, not your attorney, must make all of the final decisions in your case.

For more information, contact our Mississippi law firm to find out more about how we can help you.  We will take the time necessary to advise you of your legal options and help you make informed decisions about your case.  We look forward to providing you with superior legal representation.

 

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.

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.

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.

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.