Dangerous & Defective Products Can Pose Serious Danger to Children

Mississippi parents frequently shop excitedly for strollers, playpens, cribs and other necessities for their baby or children.  There are few experiences more emotionally devastating than the heartache experienced when one of these products is defective and causes serious injury to one’s baby.  Manufacturers of baby products must comply with safety standards established by the Consumer Product Safety Commission and the Child Safety Protection Act.  Despite the safety standards established by these federal agencies, there are hundreds of defective baby products recalled annually including toys, car seats, cribs, playpens and other defective children’s products.

Although many defective products that pose a risk of injury to children are recalled, many units of a defective children’s product may sell before they are recalled, and some recalls are not implemented promptly enough to prevent tragedy.  One of the greatest dangers posed to extremely young children is from products that pose choking or suffocation risks.  It is important to pay careful attention to age recommendations for such products.  Attentive parents should also look for parts that may detach from a toy or other baby product such as buttons for eyes on a child’s toy.  Parents know that small children tend to put small objects in their mouths.  Another important step for parents is to be careful about babies having access to toys of older children with small parts.   It is imperative to keep toys and other products with small parts away from small children because they can result in serious child choking accidents that may result in catastrophic injuries, such as brain damage from lack of oxygen to the brain or even wrongful death.

Defective or unsafe toys cause approximately 200,000 visits to emergency rooms annually.  Many injuries caused to children are actually caused by child safety products like cribs, car seats, strollers and carriages.  The CPSC reports that child safety products result in as many as 35,000 injuries to children per year.  Although these types of products are intended to protect babies and children, they are often designed or manufactured improperly so they cause serious injury to infants and babies.

There are many types of baby and children’s products subject to recall including:

  • Child safety restraints
  • Bassinets
  • Baby medications
  • Baby clothes
  • Playground equipment
  • Play Pens
  • Formula
  • Toys
  • Cribs

If your child is injured by a defective product, there are many good reasons to pursue a product liability lawsuit.  Admittedly, you cannot undo injury or wrongful death to your child.  However, you can use the proceeds from a personal injury lawsuit to obtain the best medical care and highest quality of life for your child.  A personal injury lawsuit can also protect other children from injuries caused by similar defects.  Safety standards that affect many children can be impacted by product liability judgments.

If your child has suffered injury or your child has suffered wrongful death, our experienced defective children’s products attorneys at Barrett Law have a long history of fighting for those injured by defective or dangerous products.  We invite you to contact Barrett Law so that we can evaluate your Mississippi defective children’s product claim and advise you of your rights and options.  Call us at 662-834-2376.

No Recovery No Fee!

 

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Slip, Trip and Falls Pose Serious Danger to Mississippi Seniors

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While most people in Mississippi are aware of the danger associated with a serious falls, the scope and seriousness of an accident risk is much more severe than many people realize.  It is estimated that 424,000 people die in fatal falls annually world wide according to the United Nations Health Agency.  There are another 37 million people who seek medical treatment annually according to the organization.  Falls can occur in many ways including falls from ladders or scaffoldings on construction sites, slip and fall accidents on wet floors in stores and restaurants and trip and fall incidents involving poorly maintained sidewalks.  Many people presume slip, trip and fall accidents are minor events that do more damage to one’s ego than to one’s person.  This is simply not accurate as slip, trip and fall accidents often result in catastrophic debilitating injuries and even wrongful death.

The danger posed by falls increases with age with many elderly residents of Mississippi suffering serious injuries in falls.  Seniors may be more susceptible to serious falls because of cognitive, visual and physical changes that occur with age.  The scope of the problem is revealed by the fact that almost a third of older people over the age of 65 will fall at some time during a typical year based on data from the Centers for Disease Control and prevention (CDC).  Falls are the leading cause of injury and hospital admissions for the elderly.  Almost twenty thousand seniors die in fatal falls per year, meaning that not only are the elderly more prone to a fall, but they also tend to suffer more serious injuries.

There are certain steps that you can take to help reduce the risk of your elderly loved one suffering serious injury in a fall including:

  • Keep common walkways clear of obstructions and debris
  • Maintaining reasonable fitness through diet and exercise
  • Obtain appropriate osteoporosis screening
  • Installation of handicap bars and railing in bathrooms and walkways
  • Maintain awareness of drugs that may cause dizziness, drowsiness or disorientatio

While these measures may reduce the risk of dangerous falls for seniors in their homes, this will not necessarily protect seniors against falls in businesses or nursing homes.  If your elderly loved one suffers serious injury in a fall while patronizing a business or as a resident in a nursing home, the business owner or nursing home staff have an obligation to warn of potential hazards that are not obvious and keep the premises reasonably safe.  When a business owner or nursing home proprietor fails to take appropriate safeguards to prevent injury to those who come on their property, they may be liable for any resulting injuries.

The experienced personal injury attorneys at Barrett Law have been providing tenacious representation to accident victims for over 75 years.  Our experienced and committed legal team provides innovative litigation trial strategies, effective negotiation and persuasive advocacy for slip, trip and fall victims.  We understand that you may have questions about your rights and remedies so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Traumatic Brain Injuries: Among the Most Devastating Car Accident Injuries

There are few personal injuries as devastating as a traumatic brain injury. This type of life-altering injury, which is often the product of a Mississippi car accident, typically has a permanent debilitating impact that may rob an accident victim of his or her ability to walk or communicate and other fundamental mental and physical functions that drastically impact one’s quality of life.  While traumatic brain injuries are not caused exclusively by motor vehicle accidents, car accidents are the most common cause of a traumatic brain injury for those under the age of 75. Traumatic brain injuries caused by car accidents are also the most significant cause of long-term serious disability in children and teens.

At Barrett Law, we know first-hand the devastating impact that traumatic brain injury can have on accident victims and their families.  A traumatic brain injury can deprive a family of the love and companionship of a close family member and cause financial turmoil.  If the person who suffers this type of life-altering injury is a substantial contributor to a family’s household income, one’s family may face astronomical medical expenses while suffering a significant reduction in household income.

Although a family may suffer an enormous emotional toll when a family member suffers a traumatic brain injury, the financial costs are almost unimaginable.  It has been estimated that the annual direct and indirect costs associated with a traumatic brain injuries in the United States exceeds $48 billion per year.  A family that has had a loved one suffer a traumatic brain injury may be faced with a cost of treatment that can be as much as $4 million.  The medical care and rehabilitative costs alone are typically as much as $150,000 for hospital bills, vocational rehabilitation and training and modifications of one’s home.

Many people presume that their chances of being involved in a serious motor vehicle accident resulting in a traumatic brain injury are remote.  This is an inaccurate assumption because traumatic brain injuries suffered in auto accidents are much more common than people realize.  More than a million people per year suffer some form of traumatic brain injury. Traumatic brain injuries are generally very serious resulting in almost fifty-thousand fatalities per year with another eighty-thousand people experiencing significant long-term disability.  Though these statistics may be surprising, they tell only part of the story.  These statistics include only traumatic brain injury victims treated in hospitals but do not count those treated in doctor’s offices or emergency rooms.

Although there may be different types of accidents that can cause a traumatic brain injury the most common cause is a motor vehicle accident. When a car, truck or SUV collides with another vehicle or stationary object, a person’s body may be jolted forward causing a head injury when the accident victim’s head strikes the windshield, dashboard or other hard surface inside the motor vehicle.  Sometimes the skull may even be penetrated by a foreign object which is forced through the skull to the brain.

Traumatic brain injuries also may be the result of the body being whipped forward and then backward in a collision. The brain may continue moving inside the skull and impact the hard bony structure of the inside portion of the skull.  The brain is made of a soft gelatinous material that is susceptible to injury when impacting the skull.  Because the skull and brain move at different speeds during a motor vehicle collision given their differences in mass and  weight, this can cause the brain to collide with the inside of the skull. The force of impact from a serious car accident can cause a motor vehicle accident victim to suffer swelling of the brain, severe contusions or axonal shearing.

Diffuse axonal shearing is a severe traumatic brain injury that occurs when the brain is propelled forward then backward inside the skull resulting in it being first squeezed or compressed and then stretched because of the soft gelatinous nature of the brain.  The fragile axons of the neurons also suffer from this process of compression and stretching.  If the force of the collision is severe enough, the axons may be stretched to the point that they tear, which is referred to as axonal shearing and can cause the neurons to die.

The Mississippi car accident lawyers of Barrett Law represent those who suffer serious injury like traumatic brain injuries.  The auto accident attorneys at Barrett Law represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

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Airbags—Saving Lives, Causing Injuries in Mississippi?

While airbags have been proven to save lives, there are instances where that same airbag has unintended negative effects, resulting in injuries and, in rare cases, even death. While most of the complaints about airbags relate to minor injuries such as abrasions and bruises, sometimes airbags can more severely injure a passenger, especially children or infants, especially if the airbag is defective. The National Highway Traffic and Safety Administration recalled over 1.4 million airbags due to safety issues in 2004 alone. As airbags continue to get more and more sophisticated and complex in the goal of saving lives, they also have more potential to malfunction and not go off when they are needed. The issue is that it’s impossible to know whether an airbag is defective until it’s too late.

How Airbags are Designed?

First of all, air bags were specifically developed for a male who is 5 ft. 8 inches tall and weighs 180 pounds. No considerations were made for shorter or smaller people, children, or even those who naturally sit closer to the steering wheel. In certain people who have heart conditions or osteoporosis, and exploding airbag could potentially be fatal. An airbag goes off with 2,000 pounds of force at a speed of over two hundred miles per hour. Because of this, adults may suffer brain trauma, head and neck injuries or spinal and torso injuries when an airbag deploys.

An airbag is designed to deploy in any crash which equals a vehicle crashing into a solid object at eight to fourteen miles per hour. The airbag is a fabric bag which fills up with nitrogen gas upon impact due to a sensor which instantaneously detects the intensity and direction of the crash as it happens. The sensor sends an electric signal which initiates the chemical reaction, and the bag inflates, then vents in the bags allow them to immediately deflate after cushioning the occupants from the crash.

Other Injuries Caused by Airbags

A deploying airbag can cause blunt trauma to the eyes in the form of orbital contusions or abrasions, blurred vision or even retinal detachment. If the occupant remains in the car or truck for a significant amount of time with the windows closed and no ventilation available, the contents of the airbag can cause eye irritation.  An airbag which deploys can also be the cause of an asthma attack in a person who has the disease due to inhaling the dust from the airbag.

In some cases occupants have suffered chemical injuries from burns which are caused by the gas which is emitted from the airbag during a crash. While more serious airbag injuries are uncommon, they do happen. If a person is very close to the airbag when it deploys they could suffer a traumatic brain injury, facial scarring or even death. Airbags can occasionally drive broken glass into the victim’s upper body and face, causing severe cuts and abrasions.

Why You Must Wear a Safety Belt if Your Vehicle has Airbags

The primary instance where an airbag will cause more harm than it does good is when the occupant is not wearing a safety belt. Drivers who are unrestrained have incurred serious and fatal injuries from airbags as the body is going forward while the airbag is going toward you. When the two meet at high speeds serious injuries or death are likely to occur.

If you have been the victim of an airbag injury caused from a defective airbag, it is essential that you contact an experienced Mississippi personal injury attorney who can determine which party is responsible for your injuries.

Call us today to discuss your legal rights and the details of your right to fair compensation.

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Have You Suffered a Slip and Fall in a Public Place?

Over one million injuries each year in the United States are a direct result of a slip and fall, and, in fact, falls are consistently one of the leading causes of injury. Personal injury attorneys often use the term “slip and fall” in cases where a person slips or trips—usually as the result of a spill or other issue—generally on someone else’s property. When the fall and subsequent injuries were a result of negligence or failure to maintain property as required, the property owner can be held legally responsible. If you’ve been the victim of a slip and fall, and are still dealing with the medical and financial aftermath, it is crucial that you seek legal representation. Such cases can be complex, and require an experienced attorney who will work aggressively to prove your case and get you a settlement you not only need, but deserve.

Why So Many Falls?

There are so many falls with injuries in our nation in part because most of us do not fully understand the complexities of same-surface slip and fall accidents, assuming people fall because they are awkward or careless, or because they stepped on an object in their path. In truth, people fall for many reasons including the interaction between the walking surface and a person’s shoes as well as the surrounding environment with all its many distractions.

What Causes Slip and Fall Accidents?

There are a wide variety of typical causes for slip and fall accidents. There could be torn or frayed carpeting in a public area which the owner has neglected to repair, or changes in the height of flooring which can give the walker an unwelcome surprise and cause them to end up on the ground, possibly with serious injuries. Poor lighting, narrow or steep stairs and a wet or sticky floor can all cause slips, and stairway injuries can be quite serious. Public sidewalks may be broken or cracked to the point they cause falls, or hidden hazards such as a pothole in the ground can catch a person totally unaware, leading to injuries such as broken bones. Inclement weather, especially rain, ice and snow are also responsible for a number of slip and falls each year.

What are Your Rights Regarding a Slip and Fall?

When you are walking in a public place you have the absolute right to be warned of any hazards which could cause you to slip and take a tumble. If there are warning signs of hazards ahead and you proceed anyway, you must assume at least a portion of the risk. However, if a known hazard has been ignored or knowingly disguised, it can be assumed that an accident will likely occur. Poor lighting often disguises defects in walking surfaces or flat-out hazardous conditions, therefore changes in your “normal” walking environment must be made clearly visible to all pedestrians to safeguard their health. Walking surfaces should be properly illuminated with the necessary amount of contrast to enable walkers to see what lies ahead.

Determining Liability

The bottom line in determining whether someone else was legally responsible for your injuries following a slip and fall is whether or not the property owner exercised due care to avoid such accidents, and whether your own actions or careless behavior significantly contributed to your fall. Your lawyer can advise regarding whether a dangerous condition did in fact exist, and whether the owner or possessor of the property could have been reasonably expected to be aware of the that condition.  It must have also been reasonably foreseeable that negligence or failure to take action on the part of the owner would likely create such a dangerous condition.

Time will be a critical factor in this determination; if a customer spilled a soda on the floor of a fast food restaurant, and three seconds later you walked into the mess and found yourself on the ground, then the owner could not be reasonably expected to have removed the hazard before your arrival. If, on the other hand, the soda was spilled two hours ago, and it still has not been cleaned up, your case just became much stronger in proving negligence. It is incredibly important that you have photos of the scene of the slip and fall as well as witness statements to corroborate your own account of your fall.

An experienced Mississippi slip and fall attorney can ensure your rights are protected during this time.  Call us today for a free consultation.

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Getting a Fair Settlement for Your Whiplash Injury in Mississippi

If you’ve recently been involved in an auto accident, and find later that your neck was injured during the crash, you may be hesitant to contact an attorney due to the negative associations commonly linked to claims of whiplash. Whiplash is a very real injury which is caused when your head and neck are subject to extreme motions in which the neck snaps or jerks. While whiplash injuries are most common in collisions where one vehicle strikes another form the rear, the truth is that even an accident which occurs at relative low speeds and is not particularly high-impact can result in serious whiplash injuries.

Those injuries can vary in severity depending on where your head was at the moment of the impact as well as the location of your headrest and seat, the dimensions of your vehicle (and the one that hit you), and your own size. Although whiplash is considered a soft tissue injury, this does not make it any less serious, and if you delay treatment, or allow the injury to go untreated, you could end up with severe, long-lasting effects.

Symptoms of Whiplash

While most symptoms of whiplash will manifest themselves within 24 hours of your injury, in some cases they will not be felt for a week, or even a month following the accident. You may suffer neck pain and stiffness, or headaches which are typically felt near the base of your skull. Some people with have dizziness or nausea, blurred vision or extreme levels of fatigue. Less commonly those who have suffered a neck injury could experience difficulty in concentrating, memory issues, insomnia, a ringing noise in the ears, or mood disturbances such as irritability. In very severe cases of whiplash, the pain can spread to the shoulder and arm area, it can become extremely difficult and painful to move the head and you could have numbness, tingling or weakness in your extremities.

Long-Lasting Effects of a Whiplash Injury

Your neck is comprised of tendons, ligaments and muscles which are intricately wrapped around and through your spine, which is responsible for supporting your entire body. When these tendons, ligaments or muscles are damaged in an auto accident, you may be sore or stiff for days following the accident, or in some cases, even weeks. Most whiplash injuries will heal, with no lasting effects, however in some cases the soreness you feel is an indicator of a much more serious injury. You may have even slipped a disc or damaged the spine itself. A herniated disc can slowly worsen for years before you realize you need treatment, so a diagnosis immediately following your accident can potentially prevent years of pain.

Filing Suit for Your Whiplash Injuries

You must first be aware of the statute of limitations phase as dictated by your specific state laws, then you will be required to prove that the person who caused your whiplash injury had a responsibility to refrain from acting a specific way, that he or she breached this duty, causing the accident, that you were injured, and that those injuries were a direct result of the defendant’s breach of duty. If you are able to prove all four of these elements, you could be permitted to receive monetary damages, and may also qualify for punitive damages. General damages are paid for your physical pain and suffering which you now endure as a direct result of the accident. You may also be able to claim emotional pain and suffering or loss of enjoyment of your life under general damages. Special damages are a bit more arbitrary to some extent and are paid to you as compensation for loss of earnings, including potential loss of future earnings or damages to your vehicle, including the cost of a rental car while your car is being repaired. Whether the other driver’s act of negligence or recklessness caused your accident or not, you should still seek the advice of a competent whiplash injury attorney. Your attorney can then assess all the damages you suffered because of the accident and work hard to ensure you receive a fair level of compensation for your whiplash injuries.

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Getting Compensated for a Subway Accident While On Vacation

In New York alone, over four million people use the subway each and every day, and, in fact, consider it their primary method of transportation for getting to and from work, school and any other errands they are engaged in. Many subway systems are old and need everything from minor repairs to serious restorations. Some subway stations are dark and have completely inadequate lighting which can lead to unsuspecting victims being assaulted. Whether you are a daily subway rider, or an occasional one, you should be aware of the hazards surrounding the subway and the subway station.

“Typical” Subway Accidents

Though it is rare, people have been known to get electrified by the train tracks. More commonly, many people are the victims of robberies, assault, rape and other vicious crimes. Turn-style injuries are relatively common, as are subway door injuries and slip and falls inside the subway itself, in the subway stations, and most particularly on the staircases in the subway station. Fractures, bruises, cuts, and injuries to the back are frequently seen as a result of this type of injury. The subway is not meant to be a danger to your health, and the city is responsible for regular maintenance.

Slip and Falls in the Subway or Station

If you have been injured in a subway accident, it is imperative that you file a notice of claim within ninety days of the accident or your claim will be denied out of hand, regardless of its relative merit. Trips and falls on subway staircases and platforms are very common in subway stations, however the extent of your injuries as well as the location and reason for the fall are important factors in any claim of a subway accident. In other words, simply claiming you fell on subway stairs will not be sufficient—you will have to identify the exact staircase you fell on. Unless the stairs, landing and platform are clearly numbered, you may have difficulty determining the location without help from the subway authorities.

What to do if you’ve Fallen in the Subway Station

It is better to remain where you are once you’ve fallen unless you are in further danger if you don’t move. Call 911 or have someone around you do it for you. If there were witnesses to your accident, try to get their names and numbers. This can be a feat in itself, since most people riding the subway are rushing to get somewhere and may not want to take time from their busy day to help out. Did you simply stumble and fall, or was there a definite reason for the fall such as an uneven surface, or a significant crack? Could there have been something spilled on the floor or the staircase that caused your fall? Whatever the reason for your fall, it is imperative that you clearly document it. If there is a clear, definable reason for your fall, snap a photo with your cell phone. You may find later that this kind of clear-cut evidence is invaluable in proving your case.

Notice of Defect

The subway area is a bit like anything owned and operated by a landlord, only the landlord in this case is usually the city. As with any property owner, in order to hold them liable for an accident, they must generally receive prior notice of the defect or you might not be able to prove negligence. Another person in the subway could have spilled their coffee just minutes before you came on the scene, slipped and fell down. In this case the property owner, or the city personnel, could not reasonably have been expected to discover the spill and have it cleaned up by the time you came along. On the other hand, if a leaky pipe put the liquid on the floor which caused your fall, and it is relatively apparent that the pipe has been leaking for some time, that’s a different story.

If you’ve been injured in a subway accident, whether relatively minor injuries are involved, or life-changing injuries, you need an experienced subway accident attorney to look out for your interests and guide you through the claim process. There are different rules for governmental entities so don’t let your window of opportunity pass you by. Get the compensation you deseve and need for your subway accident.

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Excessive Force by Law Enforcement Can Have Tragic Results

Seattle is in the news this month and not because of some philanthropic effort by Bill Gates. The Department of Justice is looking into the Seattle Police Department for a pattern of excessive use of force and discrimination against minorities.  There have been a few high profile incidents that have spurred this investigation. About a year ago, a Seattle police detective was videotaped kicking a Latino robbery suspect all while telling him that he would beat the “Mexican piss” out of him.  In another case, a police officer was videotaped punching a 17-year-old African American girl who was arguing with him about arresting her friend for jaywalking.  In yet another incident, police shot a Native American woodcarver after he didn’t drop his carving knife.  The Seattle Police Chief says they have nothing to hide and is not at all worried about the investigation.

Police officers are expected to do their job and violence is definitely part of their everyday existence.  However, officers in the line of duty are limited in the amount of force they may use and under what circumstances they may use such force.  Sometimes the lines get blurred, and these boundaries are violated.

Every year there are over 500,000 reports of police abuse filed by victims of police brutality. Settlements and judgements for police misconduct amount to over $100 million each year.  If you have been the victim of police brutality, the Federal Civil Rights Act may provide legal remedies and permit you to file a lawsuit against the government when a law enforcement officer injures you by means of excessive force.

What is Excessive Force?

Excessive force may take different forms and arise out of a great number of situations including the following:

  • Inappropriate use of a firearm
  • Overly aggressive use of force during arrest given all the circumstances
  • Excessive force while a person is detained or in custody
  • Overzealous use of weapons including tasers or batons
  • Assault and battery
  • False imprisonment

By way of example, there was an incident of excessive force being used by campus police against a student on the UCLA campus when police repeatedly stunned the student with a taser gun for not producing his student ID and leaving the library promptly enough.  The student was studying in the library and was asked to produce his ID, which he did not have with him.  The officers then tasered the student repeatedly when he apparently did not leave the library fast enough. Other students with their cell phones captured the incident on video.  The student filed a lawsuit alleging that UCLA and its police department violated his civil rights.

Challenges in Building a Case

It can be very challenging to establish a claim for police brutality.  Many times the witnesses to an incident of excessive force by police will be other officers who may be hesitant to provide information that might be damaging to a fellow law enforcement officer.  Experienced attorneys have investigators with the knowledge and experience to assist you in coping with these obstacles to the discovery of evidence in cases of police brutality.  If you have experienced any form of police brutality, it is important for you to contact an experienced Mississippi personal injury attorney to review your rights and remedies.

Issues Involving Immunity

Another challenge for personal injury lawsuits for injuries caused by excessive force is that the police officers have qualified immunity for acts committed in the course of their duties if the officer is acting within the scope of his discretionary authority.  Even a police officer that shoots or kills someone may be found to have acted with reasonable force.  The defense of qualified immunity is usually supported by having a law enforcement officer testify that the use of force was reasonable and that the officer who is testifying would have used similar force in the same or similar situation.

Protecting Your Rights & Preventing Police Misconduct

While acts of violence against innocent victims are always tragic, unjustified acts of violence committed under the color of law are even more troubling.  Law enforcement officers are authorized to use force, which means they have an even greater obligation to exercise judgement and discretion in using this power.  Most law enforcement officers are conscientious and would not intentionally use excessive force.  However, the Seattle incidents reveal that there are exceptions, which can lead to tragic results when a police officer exercises excessive force.

At Barrett Law, PLLC, our personal injury law firm in Mississippi have been representing those who suffer personal injury or wrongful death in Lexington and throughout the state of Mississippi and have roots that date back 75 years.  If you have suffered serious personal injury or wrongful death as a result of excessive force by a police officer anywhere in Mississippi, call us today to see how we can help at (662) 834-2376.

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