With Mississippi’s warm climate, you should always anticipate pedestrians walking alongside our roadways.  Unfortunately, pedestrian-vehicle collisions are also common. Because of the difference in size between automobiles and pedestrians, the results can be catastrophic. Long periods of recovery, severe debilitation, loss of work, and even death can result from one of these accidents. But when a vehicle hits a pedestrian, who is to blame?  I will explore the answer to that question below.

If you were injured in a pedestrian accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury, counseling, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Pedestrian Accidents—Who is at Fault?

In a pedestrian accident where a vehicle such as a car or truck hits a person walking on the roadway, there will always be a question of fault.  Generally speaking, pedestrians are supposed to stay outside of the main roadway unless they are crossing the street. If a pedestrian is crossing the road, it should be done at an intersection and, preferably, at a stop sign or stoplight. If a vehicle strikes a pedestrian while he or she is off the main roadway or in a crosswalk, then the vehicle’s driver is usually at fault.

If a pedestrian darts into traffic or walks in the roadway, vehicle drivers still have a duty to try to avoid the pedestrian.  That said, if the pedestrian puts themselves in a situation where a collision is inevitable, such as in the middle of the road at night or on a blind corner, the driver is unlikely to be found at fault. The ultimate issue in these cases is reasonableness. A driver must take reasonable steps to avoid striking a pedestrian, even one in the roadway.

Drivers that strike pedestrians while they are under the influence of drugs or alcohol are almost always found to be acting unreasonably, as driving while intoxicated violates the duty of care that drivers owe others on the road. Interestingly, studies have shown that drivers who are on their phones while driving exhibit very similar driving behavior to intoxicated drivers. Accordingly, drivers who strike pedestrians while texting are also likely to be found responsible for any injuries the pedestrian suffers. Conversely, a pedestrian who wanders into the roadway is also likely to be found at fault if he or she was under the influence of alcohol or drugs at the time of the crash.

As one can imagine, when a vehicle strikes a pedestrian, there is often a dispute regarding where each party was at the time of the collision. These cases frequently require expert witness testimony to determine whether a pedestrian was reasonably avoidable when the vehicle hit him or her. You will want to hire an attorney with longstanding relationships with experts in accident re-creation and traffic issues.

What Should You Do If You Have Been Injured in a Pedestrian Accident?

If you were injured in an accident while walking on the road, you should seek medical attention immediately and contact an experienced personal injury attorney. Inexperienced counsel who only dabbles in personal injury law may lead you down a dead-end where you receive no compensation. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury as a result of a pedestrian accident. Contact us now at (601) 790-1505.

There is no question that social media—Facebook, Twitter, Instagram, Pinterest, Snapchat, and others—has taken over the way we now communicate as a culture. While we it may be a great way to tell our friends about how we spent our holiday or what our children have accomplished, reckless or thoughtless posts on social media can be devastating to a personal injury case. I have seen many cases where a plaintiff’s seemingly innocent post ended up being turned around against them by creative defense counsel in the courtroom. I usually tell my clients to delete all of their social media profiles after an accident, lest they come back to haunt you later.

If you or a loved one has been injured in an accident, you will need to have experienced counsel help you attain your fair share of compensation for their death. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

How Social Media Can Come Back to Haunt Your Personal Injury Case

You have likely heard the Miranda warning on any law enforcement TV show, “you have the right to remain silent, anything you say can and will be used against you in a court of law….” While that warning is only given in criminal cases, I like to reiterate that it applies in personal injury cases as well. Everything a person says on social media can be attained by defense counsel and will likely be construed in a way that hurts a person’s personal injury case. Posts to social media will be taken as your most thoughtful and honest musings, which is rarely how anyone intends them to be taken.  Below I describe how different types of posts can harm your case.

Not Looking Injured or Contradicting Medical Claims—almost everyone who has been injured in an accident has good and bad days.  Imagine you injured your back in a car accident and have been out of work for months as a result. If you post a poolside picture of yourself lounging in a floating pool chair, you are unlikely to get much sympathy from a defendant’s attorney.  The thing is, that picture does not show the pain you are experiencing at that moment or the fact that you had to take strong pain pills to enjoy a day in the sun with your family. Instead, you will be portrayed as someone trying to take advantage of the system and receive a windfall instead of compensation for injuries that may take a lifetime to heal.

Apologies—it is polite to apologize when we are involved in an accident or in any way cause someone harm.  However, posting apologetic sentiments on social media can be misconstrued as an admission of guilt when they were only intended to be an expression of remorse that an unfortunate incident occurred.  A kind-hearted apology will likely be misconstrued as an acceptance of fault.

Rants—there is a lot cause a person frustration after an accident.  Insurance companies, hospitals, and medical providers rarely work as efficiently as we would want them to.  However, if you angrily complain about these folks on social media, it is often misconstrued as greed and vindictiveness, two qualities that can dramatically reduce the amount of compensation you receive.

What Should You Do If You or a Loved One Has Been Injured?

As I have explained above, there is a wide variety of ways in which careless social media posts can destroy your legitimate changes of recovering your fair share of compensation after an injury or accident. Rather than try to navigate the legal pitfalls that await you after your accident, focus on your healing and rehabilitation. Allow a trusted Mississippi personal injury attorney take care of gathering evidence, responding to opposing counsel, and preparing your case. The only way to receive the compensation you deserve is to attain experience personal injury counsel immediately after an accident.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505. Our Mississippi Personal Injury Attorney looks forward to making a difference for you.

It’s summer, which means that children are out of school and spending long Mississippi days playing with their friends. For many children, there is nothing more fun than spending an afternoon bouncing on a trampoline. While there is no denying that trampolines are a tremendous amount of fun, they are also to blame for countless serious injuries, mostly to children.  Because of the height and acceleration involved with trampolines, the injuries associated with them can be catastrophic and often include spinal compression, back and neck injuries, as well as injuries to the head. While I love the idea of children playing outside, this sort of injury has to give every parent pause.  In this blog post, I will describe the causes of trampoline injuries and what you should do if a trampoline injures your child.

If a trampoline injured your child, you will need to have experienced counsel help you attain your fair share of compensation for his or her injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Types of Trampolines

There are two primary types of trampoline venues.  The first is the classic, backyard trampoline. Many now have high, padded net rings built to keep children on the trampoline, while some have no sides at all. The second is a more recent addition to the trampoline landscape, the trampoline park.  These are usually large, indoor spaces filled with dozens of trampolines, ball pits, and bouncing challenges such as ramps and obstacles.

Types of Trampoline Injuries

Falls—the most common type of trampoline injury is broken bones associated with falling off of an outdoor trampoline. While broken wrists and legs are common, these are not as serious as spinal compression, head and neck injuries, and paralysis.

Collisions—head injuries and concussions frequently occur when children hit each other while bouncing either outdoors or at an indoor park.  Indoor parks, because of their large size, allow children to build up speed as they jump, resulting in more velocity and potential trauma.

Springs—trampolines bounce because their taught fabric is held in place by springs.  Whether indoor or outdoor, these springs should be covered by a padded fabric cover that expands and contracts as the springs move.  If the pad is not present or are allowed to be removed or disintegrate, the springs can become exposed. Children’s legs can fall in between springs, causing severe, deadly injuries such as lacerations to the femoral artery.

Trampoline Negligence

All trampolines are dangerous, even when they are well maintained and used correctly. That is part of their thrill.  But to recover for injuries caused by a trampoline, you will not only have to show harm but also negligence. To prove negligence, you will need a personal injury attorney that can demonstrate that the owner or manufacturer of the trampoline did not take reasonable steps to protect your child from harm.

What Should You Do If Your Child Has Been Injured on a Trampoline?

As I described above, if your child was injured on a trampoline, you will need the assistance of a talented personal injury attorney to show that either the homeowner who owns the trampoline, the adult who was supposed to be providing supervision of the trampoline use, or the trampoline manufacturer were negligent.  If your child has been injured on a trampoline, you should seek immediate medical attention and then contact an experienced personal injury attorney.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child has suffered a trampoline injury. Contact us now at (601) 790-1505.  Our Mississippi Personal Injury Attorney looks forward to making a difference for you.

We have a tremendous number of veterans here Mississippi, many of whom have returned home after their service only to suffer from a variety of short term and permanent medical conditions. It seriously troubles me whenever our service members are harmed needlessly, and a massive class-action lawsuit has demonstrated, once again, that we have not done enough to protect our veterans from harm.  If you served in the U.S. military between 2003 and 2015, you might have been issued, Combat Arms Earplugs, Version 2 (CAEv2).  The company 3M manufactured the earplugs, which were supposed to offer two levels of protection. Instead, the earplugs failed to provide a basic level of ear protection, which resulted in service members being exposed to loud noises when they should have been protected. As a result, those suffering from hearing loss and tinnitus, which I will describe below, are entitled to compensation for any effect on their hearing arising from their use of the 3M earplugs.

If you suffered hearing loss or tinnitus as a result of your military service from 2003 to 2015, you may be entitled to compensation for injuries and ongoing expenses.  You will need to have experienced counsel help you attain your fair share of compensation. Barrett Law has the experience to help you need—contact us now at (601) 790-1505.

Hearing Loss and Tinnitus in Service Members Serving from 2003 to 2015

Exposure to thunderous sounds such as gunfire, artillery, and heavy machinery is a standard military experience. While service members were issued 3M earplugs to muffle these loud sounds, the product was defective and failed to protect the user’s ears.  As a result, many service members that used 3M’s products have suffered from hearing loss and tinnitus.

Hearing loss is a prolonged decrease in a person’s ability to hear and differentiate sounds.  It is caused by nerve damage within the inner ear or damage to the ear itself.

We often discuss tinnitus as a “ringing in the ears.” That is a simplistic description, as tinnitus does not have to be ringing; instead, tinnitus can manifest as buzzing, hissing, clicking, screeching, and even a loud roaring sound. Another symptom is that sounds outside of the ear that would typically be audible and clear become muffled and inaudible. Thus, while generally referred to as ringing, tinnitus is more accurately described as a constant or occasional sound originating deep in the ear that cannot be controlled and by a suppression of the ability to hear sounds that are usually audible.

What Should You Do If or a Loved One’s Hearing Was Affected by 3M Earplugs?

If you served in the military and now suffer from permanent hearing loss or any one of the hearing deficiencies or irregularities associated with tinnitus that I listed above, you may be entitled to compensation for your injury.  Hearing loss and tinnitus can severely impact your ability to work as well as your quality of life. Hiring an experienced personal injury attorney that has the experience to take on an international company like 3M is vital to attaining your fair share of compensation. Do not make the mistake of hiring a general practitioner that lacks access to experts and the ability to negotiate a favorable settlement that protects your long-term interests.  These are essential tasks that only a seasoned personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered hearing loss or tinnitus due to your military service. Contact us now at (601) 790-1505.  Our Mississippi Personal Injury Attorney looks forward to making a difference for you.

If you have received medical treatment lately for any serious medical condition, you have likely not only been seen by your primary care physician but also by a revolving door of specialists.  Were those specialists also your doctor?  The answer to that question, whether a physician-patient relationship is created between a specialist and a patient he or she sees briefly or indirectly, may be essential to subsequent medical malpractice or wrongful death suit.  That is because a negligence claim can only be brought against medical professionals with a legal duty to the patient; only the physician-patient relationship creates that duty.  This is a complex area of the law, so I have written the following blog post to provide greater context.

If you or a loved one was injured or killed as a result of an accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

The Physician-Patient Relationship

In any medical malpractice or wrongful death claim against a medical center or physician, several elements must be proven if you hope to be compensated for your injuries.  These elements include that the patient was harmed and that the physician in question caused the harm. One often-overlooked factor is that a physician-patient relationship must exist as well, as if there is no physician-patient relationship, then there is no duty of care and a much steeper uphill climb to proving negligence. Most people assume that they have a physician-patient with every physician that treats them, but this is not the case.  Many medical centers and physicians have been quick to assert that a physician-patient relationship does not exist between the vast majority of physicians that come into contact with a patient throughout his or her medical care. This is especially relevant now that an increasing amount of medical care is provided by nurses, medical assistants, and physician assistants under varying degrees of physician supervision.  Below I discuss the factors that courts consider when analyzing whether a physician-patient privilege exists.

Courts consider many factors when determining whether a physician-patient relationship was created in the course of medical treatment. First, courts usually ask whether the physician in question saw the patient or merely provided consultation or oversight to another medical professional.  Imagine a physician who provides supervision to a physician assistant that provides a patient’s medical care—the physician is unlikely to be considered to have a physician-patient relationship with the patient receiving care.  Second, courts look to whether the physician was able to develop specific knowledge of the patient’s condition from actual contact with the patient, or whether he or she simply reviewed charts and provided consultation.  Finally, courts will look to written documents, physicians’ notes, and the patient’s charts to determine visitation and the level of care.

What Should You Do If You or a Loved One Has Been Injured?

If you or a loved one was injured by a physician or other medical professional’s mal, you must contact an experienced personal injury attorney immediately. Inexperienced counsel may lead you down a dead end where you receive no compensation for your injuries. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury while attaining medical care. Contact us now at (601) 790-1505.