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Friends, family, and clients sometimes ask me about the “July effect” in medical care. Specifically, they often ask whether they should avoid having major surgery performed during July. What they are asking about is not superstition; July is actually the most dangerous month to have surgery performed. When I see new medical malpractice cases come into my office, I am often astounded to see how many of the underlying operations occurred in July. I will explore the reasons for this phenomena in this blog post, as well as providing you with advice regarding what you should do if you are injured in the course of your medical treatment.

If a physician, hospital, or other medical professional injured you or a loved one, you will need to have experienced personal injury counsel help you attain your fair share of compensation for your injury, loss of work, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What Causes the “July Effect” in Medical Treatment?

Statistics demonstrate that there is a rise in medical errors occurring beginning in July each year. That peak carries into August and then decreases back to the average in the ensuing months. There are many theories about why the increase occurs, including that physicians are often taking their vacations during July and their midyear fatigue. But the most critical factor in the “July Effect” is that medical residents—medical students training to become licensed physicians—begin their training each July. So while there is a shortage of expert physicians on hand due to vacations, this factor is amplified by the fact that all of the most experienced residents leave in June and are replaced by new residents who are entirely new to their specialty. This spike in medical malpractice cases is particularly pronounced in university teaching hospitals where new residents require extensive training from senior physicians, many of whom are on vacation.

Obviously, the July effect is more likely to affect patients seeking care for either highly complex medical conditions that require experienced, fast-thinking physicians such as heart or spine surgery. The effect is also much more likely to be felt in large teaching hospitals as compared to smaller regional hospitals that may only have a smattering of residents in training. Conversely, if you have a broken leg, it is unlikely that your resident will be unable to adequately address your injuries, regardless of the month of the year or the type of hospital where you receive treatment. Additionally, many medical malpractice cases stem from unsanitary conditions or supporting medical professionals working in a medical facility, all of which will be unaffected by the level of training of the residents providing your care.

What Should You Do If You or a Loved One Has Been Injured as a Result of Medical Malpractice?

Medical malpractice can result from surgery errors, mistakes in prescribing medications, unsanitary conditions, and other issues. The resulting injuries can range from minor to deadly. If you were injured as a result of medical malpractice, you will need the assistance of an experienced personal injury attorney to gather your medical records, attain expert opinions regarding how the care you received was substandard, and take depositions of the medical professionals that provided your care, not to mention fighting the hospital’s attorneys. These are not tasks that you can accomplish alone. You will need an expert on your side.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured as a result of medical malpractice. Contact us now at (601) 790-1505.

 

 

 

No one old enough to witness video of the Rodney King beating can forget it. Sadly, I have seen similar injuries to clients caused by police. While clients often brought these injuries to me as potential police brutality cases, only a percentage of them ultimately ended up as viable claims. What is police brutality? Why aren’t all injuries caused by law enforcement officers considered police brutality? Clients frequently ask these questions, so I have written the following blog post, to provide an overview of Mississippi law regarding police brutality.  If you or a loved one was injured at the hands of law enforcement, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Police Brutality in Mississippi

Legally, police have the right to use the force necessary to subdue a person during the course of an arrest. The force must generally be proportionate to the offense, meaning that a police officer cannot use deadly force to subdue a person who does not pose a threat of public harm. But police officers can use tremendous, pain-inducing, and debilitating force in the course of an arrest if they view it as necessary. The U.S. Constitution’s Fourth Amendment prohibits “unreasonable seizures,” meaning that the level of force used in the arrest must not unreasonably exceed what was necessary to make the arrest.

Unfortunately, the law regarding police brutality is highly subjective. A police officer does not know whether a person is going to fight back during an arrest or whether he or she is armed. Accordingly, jurors usually find that any level of force that subdues the subject is reasonable. There are limits, however. Once a suspect is subdued, law enforcement officers cannot cause them further pain. Torture is clearly unreasonable under the Fourth Amendment. Recent examples of this sort of abuse are “rough rides” given to handcuffed defendants in New York City who were then driven erratically in the back of a van and were unable to prevent themselves from being tossed against the van’s hard sides.

Similarly, if police violence is motivated by racial or ethnic bias, it is also a violation of the arrestee’s constitutional rights. If a police officer uses racial epithets during an arrest or makes other demeaning comments, then you may have a strong claim for police misconduct.

What Should You Do if You are Arrested?

I always tell my clients the same things regarding arrests. First, do not resist arrest, even if you feel that the detention or its basis are illegal. If you resist, you may be justifying whatever violence ensues. Second, record your arrest. There is no legal basis to prevent you from recording your arrest. In this era of smartphones, every arrestee should document their arrest so that there is no subsequent confusion about whether there was justification for the force employed by the police. Encourage family, friends, and those nearby to record the arrest as well. Everyone enjoys a First Amendment right to record arrests.  Immediately following your arrest, contact a personal injury attorney.

 What Should You Do If You or a Loved One Has Been Injured as a Result of Police Brutality?

Police brutality can result in serious lifetime injuries and trauma. If you were injured as a result of police brutality, you will need the assistance of an experienced personal injury attorney to gather evidence from the scene, attain information regarding the officer’s discipline record, and fight the police union, which always mounts a vigorous defense of its members.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured by law enforcement. Contact us now at (601) 790-1505.

 

There has been a recent trend in the news over the past year, where patients undergoing some medical procedure recorded the procedure while it was being performed. At the time of the recording, the patient was unconscious. At first, these recordings were often accidental and were the result of someone accidentally triggering their phone’s audio recorder before being sedated. Some of these unintentional recordings caught egregious comments by medical staff that insulted the sedated patient’s race, ethnicity, or body. That sort of statement gives rise to questions regarding the quality of medical care being provided. Once these recordings received media attention, people began to intentionally surreptitiously record their medical procedures to make sure that they were being treated with dignity while they were sedated. Several questions arise from this conduct, mainly, is this a legal act in Mississippi, and is it a good idea?

In this blog post, I will provide an overview of the Mississippi law regarding surreptitious or secret recordings of conversations. But recordings aside, if you or a loved one was injured while receiving medical care, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Secret Recordings in Mississippi

Starting at the beginning, Mississippi law allows anyone to make a recording of a phone call or conversation as long as he or she has the consent of at least one party to the conversation. Mississippi Code sec. 41-29-531. That means that if you participate in a conversation, you can choose to record it.

The question of covert recording becomes more complicated when you are present for a conversation, as you would be while a medical procedure is being performed on you, but you are not “a party” to the conversation going on around you because you are sedated. The Mississippi courts have not yet tackled this issue, but it is not difficult to foresee what the arguments would be. A medical professional would claim that you had no right to record a conversation going on around you if you are not a party to the discussion; moreover, he or she would likely argue that a conversation going on while you are sedated has no relevance to the standard of care you received. An injured patient would probably argue that he or she was “a party” to the conversation, just as a person is a party to a conversation even though they choose not to say anything during the discussion. Further, the patient would likely argue that medical professionals’ demeaning words are indicative of their attitudes toward the patient and the standard of care due to him or her. These arguments will be heard by the courts eventually, and I anticipate that the courts will find in favor of patients’ rights.

What Should You Do If You or a Loved One Has Been Injured as a Result of Medical Malpractice?

Digital recordings of conversations occurring during your medical procedure may be a vital piece of evidence if you need to go to court to attain your fair share of compensation for your injuries. But this is a small part of any medical malpractice case. Proving negligence, hiring experts regarding your injuries, and dealing with the defendants’ attorneys are other essential tasks that only a veteran personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact us now at (601) 790-1505.

With the rise of smartphones, we all now have photography, videography, and recording equipment on our phones that rivals anything available commercially twenty years ago. That means that if you are in an accident, you can collect compelling evidence in real-time that might have otherwise been destroyed. But what evidence should you collect, and what steps can you legally take to obtain statements from other parties involved in the collision?

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

Good Evidence is the Key to a Great Case

A vehicle accident is a chaotic scene. Injured people, broken glass, traffic streaming by—it is a dynamic and wild environment. But capturing that scene through photographs, video, and audio recordings may prove the difference between being compensated for your fair share of your damages and receiving nothing at all. The problem is that immediately after an accident occurs, tow trucks move damaged vehicles off the roadway, witnesses drive off, and the injured parties are taken for medical care. Everyone’s memory of the scene simultaneously dims and gets tainted by their self-interest. That is why recording the aftermath of an accident is vital to proving your case. Even police officers who come upon the scene later will not have the same opportunity to document it that you will if you were involved in the accident.

Obviously, if you were injured in the accident, focus your energy on attaining immediate medical care. But if you are able, you should use your smartphone to document as much as you can. But what should you document?

Standard Information

Of course, you always need to attain the standard after accident information, including names and contact information for all parties involved, VIN numbers for all vehicles, and everyone’s insurance information. Use your smartphone to photograph all of these documents and then send them to yourself as an email so that they are effectively saved in two places.

Take Photographs

Take as many photographs of the scene as possible. You want a photo of every vehicle, from every possible angle. These photographs will become crucial evidence if the other driver refuses to admit fault or, worse, blames you for the accident.

Make Digital Video of the Accident

As soon as you get out of your vehicle, turn on your phone’s video camera. People often admit fault as soon as they get out of their car, saying something to the effect of, “I should never have turned in front of your car,” or “I shouldn’t have looked down at my phone.” These statements may be crucial to your case later. This video will also be vital to document the time of day that the accident occurred, weather and road conditions, and the degree of darkness.

No one has to make a statement to you, and you cannot make them make a statement. Similarly, you should refrain from making any statement about the accident, your role in it, or its cause.

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

If you or a loved one was injured in a vehicle collision, you know that these accidents can require, expensive medical treatment and costly repairs to the vehicles involved. Inexperienced attorneys that do not deal with personal injury cases daily may lead you down a dead-end where you receive no compensation for your car accident. Don’t make that mistake—let experienced personal injury counsel take care of preserving your medical records, attaining expert medical opinions, and dealing with the defendant’s attorneys. These are essential tasks that only a veteran personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact our experienced Mississippi Personal Injury Attorney now at (601) 790-1505.

Mississippi’s climate allows for year-round construction to take place, both on our roads and on construction sites. Unfortunately, construction vehicles are a frequent cause of injury to motorists and pedestrians who come close to construction sites. If you are injured by a construction vehicle, you will need to seek medical help immediately, document the accident if you are able, and contact an experienced personal injury attorney.

If you or a loved one was injured by a construction vehicle, 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.

What to Do After You or a Loved One is Struck by a Construction Vehicle

We have all heard that sound—beep, beep, beep—of a massive backhoe or bulldozer moving backward towards us. Construction vehicles require those annoying backup alarms because they are massive vehicles with limited visibility and a propensity to crush unsuspecting pedestrians and other drivers. While responsible operators drive many of these construction vehicles, others are not. Sleepy, drunk, and otherwise impaired driving is a problem in the construction industry, just as it is in the rest of our community. Other heavy machinery operators are not impaired but are operating a vehicle in tight conditions with insufficient visibility. Poorly loaded vehicles and inclement weather also frequently result in accidents.

Negligence in Mississippi

Merely being in an accident with a piece of construction machinery will not guarantee you compensation for injuries and damages related to the collision. To successfully attain your fair share of compensation, you will need to prove that the driver, the construction company, or the manufacturer of the vehicle was negligent. Negligent means that a third party had a duty to reasonably protect you from harm and failed to meet that duty. It can mean that the driver was not appropriately trained, was under the influence of a controlled substance, or drove the construction vehicle in an unsafe manner. Additionally, the manufacturer could be to blame for selling an inherently dangerous construction vehicle, such as a vehicle that lacked adequate visibility or failed to have a backup warning alarm.

Steps to Take After an Accident

If you are physically able, take as many photographs as possible following an accident with a construction vehicle. Insurance companies frequently move in quickly following an accident and move or remove vehicles, destroying crucial evidence. Your real-time photos may prove to be vital to your case.

See a physician immediately. No matter how seemingly minor your accident was, see a physician immediately. First, you are likely in shock and are not a good judge of your physical condition. Second, even if you feel uninjured, you want a third party to document your physical condition immediately after an accident in case injuries arise later. Finally, most soft tissue, neck, and back injuries take days or weeks to develop, and you will want to make sure X-rays, and other documentation are made in close temporal proximity to the accident.

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

If a construction vehicle driver’s negligence injured you or a loved one, you may require extensive, expensive medical treatment and can result in years of trauma and lost income. You likely need a new car. Loss of work may imperil your lifestyle and livelihood. Tragically, inexperienced counsel may lead you down a dead-end where you receive no compensation for your injuries and damages. Instead, let experienced personal injury counsel take care of discovering who is at fault for your burn injury, preserving your medical records, attaining expert opinions, documenting the accident scene, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Mississippi Personal Injury Attorney Jonathan Barrett will zealously represent you if you have suffered a serious injury due to negligence.  Contact Barrett Law now at (601) 790-1505.

 

 

It is summer here in Mississippi, which means that everyone is spending as much time as possible floating in the pool.  There is nothing that I love more than the sound of children playing in the water, but there is nothing worse than the drownings that predictably occur each summer. Tragically, almost all of these drownings are preventable, and their cause is consistently some form of negligence on the part of the adults charged with protecting children from harm. In this blog post, I will describe the causes of drownings and what you should do, heaven forbid, if your loved one drowns in a pool.

If you have experienced the tragedy of a pool drowning, you will need to have experienced counsel help you attain your fair share of compensation for your loss. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What You Need to Know About Drownings

Ten people die every day in the U.S. in swimming-related drownings.  For every person that drowns, five more are hospitalized due to a near-drowning. Pools must be maintained so that they are safe, and there must be adequate lifeguard or adult supervision to keep children safe.  Many children are injured in pools that are not maintained adequately or lack sufficient signage to warn them of dangers related to diving into shallow water. Similarly, adults must be able to observe children playing above ground pools, as this pool’s construction often obscures the view of those charged with keeping children safe. Both indoor and outdoor pools must have filter caps and other suction devices that will not entrap children who often play near them.  Ladders must be solidly affixed to prevent unintentional slips and falls.

 Negligence and Attractive Nuisance

To have a successful claim against the owner of a pool, you will usually have to prove that he or she was negligent or that the pool was an attractive nuisance. “Negligent” means that the person had a duty to protect the public and failed to take reasonable steps to meet that duty, resulting in an injury. With pools, the responsibility to protect the public is quite high, as they are a known danger and are frequented by children who cannot adequately protect themselves.  Pool owners must reasonably maintain their pool and provide adequate supervision to keep swimmer safe.

An “attractive nuisance” occurs when a landowner owns something—here a pool—known to be attractive to children, that is a danger to children, that poses a risk that is difficult for children to comprehend fully, and that is not sufficiently guarded or walled off to protect children from hurting themselves.  This is why pools must be fenced off with a fence high enough to keep children from easily wandering into the pool. Similarly, a half-filled swimming pool is an attractive nuisance because children can easily climb into it, but may have great difficulty climbing out. The issue of “reasonableness” is often at issue in these cases, as parties rarely agree what is reasonable to prevent children from accessing a dangerous hazard.

What Should You Do If Your Child Has Been Injured While Swimming in a Pool?

As I described above, if your child or loved one was injured in a swimming accident, you will need the assistance of a talented personal injury attorney to demonstrate that the pool owner was negligent or maintained an attractive nuisance.  If your loved one was injured by or drowned in a pool, you should contact an experienced personal injury attorney immediately.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if your child has suffered pool-related injury. Contact us now at (601) 790-1505.

 

 

In Mississippi’s hot summer months, there is nothing like skipping across a lake on a jet ski. These fast-moving, lightweight watercraft are the perfect vehicle for those who want the thrill of speed combined with jumping off of waves and making tight, high speed turns. But the very things that make jet skis thrilling also make them potentially deadly, especially when they are misused or by those that are too young or under the influence of drugs or alcohol. Sadly, many people are injured and killed by Jet Skis every year in the United States, and they or their loved ones must pick up the pieces from a fun day on the water gone awry.  If a jet ski driver injured you or a loved one, you are due compensation for injuries, loss of work, and other expenses you have incurred.

You will need to have experienced counsel help you attain your fair share of compensation for a Jet Ski accident. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

What Are the Defining Aspects of Jet Ski Accidents?

A jet ski is a small, one or two-person watercraft.  The driver sits or stands on the jet ski, which has a powerful inboard jet motor and steering similar to a bicycle.  These watercraft have become increasingly user-friendly and easy to use. That said, they are also capable of reaching speeds of up to 60 miles per hour, making collisions involving them as dangerous as car accidents. They share many of the dangers of automobiles as well, with inexperienced and inebriated drivers both posing severe risks to themselves and those that share the water with them.

 

If you are injured in a jet ski accident, you should seek the help of an experienced personal injury attorney immediately. The majority of jet ski accidents are caused by “operator error,” meaning that either the driver lacked sufficient training or that he or she was struck by someone who lacked experience or was somehow incapacitated.  Accordingly, if you were driving and lost control of the jet ski, you may have been poorly trained to use the watercraft. A claim against the jet ski rental shop would have to show that they provided you with a vehicle without adequately warning you of its inherent danger.

Similarly, the jet ski’s manufacturer may have failed to adequately warn you and the rental shop of the dangers inherent in these watercraft. A legal claim based on “failure to warn” will be more akin to a products liability claim than a traditional negligence case.

Finally, if another driver strikes you, your claim will likely be more similar to an automobile accident case, where your attorney will have to prove the other driver’s negligence. This is particularly true if the person was under the influence of drugs or alcohol, where they can also be prosecuted criminally. If the person is found criminally to have been under the influence at the time of the accident, it will be far easier to prove your negligence case, which will be based on a lower standard of proof.

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

As I described above, if you or a loved one was injured on a Jet Ski, you must contact a personal injury attorney immediately. You may have claims against the Jet Ski manufacturer, the driver that struck you or your loved one, and any dealer that sold or rented the Jet Ski to you.  These are important and complex decisions requiring the assistance of experienced counsel.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact us now at (601) 790-1505.

 

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.

 

 

If you drive on Mississippi’s roads, you have undoubtedly seen many “fender benders” or rear-end collisions between cars.  These accidents frequently result in whiplash and other soft tissue damage to the passengers’ necks and backs.  In this blog post, I will discuss two topics.  First, I will explain why rear-end collisions are particularly damaging. Second, I will explain what you should do if you are involved in rear-end collision. If you have been rear-ended, you need to speak with an experienced Mississippi personal injury attorney immediately, even if you do not feel injured.

If you or a loved one was involved in a rear-end collision, you will need to have experienced counsel help you attain your fair share of compensation for your injury, loss of work, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Rear-End Accidents—Common and Damaging

Rear-end collisions pose a significant threat to motorists for two reasons.  First, they are prevalent and occur any time a motorist stops quickly or when other drivers are distracted. In our era of cell phones, these accidents are commonly caused by drivers looking down to send a quick text.  Second, because rear-end collisions involve a tremendous amount of force pushing the driver’s body forward against his or her seatbelt and, hopefully, airbags, there is a massive amount of force placed on the neck and back.  Remember, your head weighs as much as a bowling ball, so when it thrusts forward, it puts incredible force on the soft tissue and muscles that usually support it.

The most common injury resulting from a rear-end collision is “whiplash,” when the head rapidly accelerates forward and backward.  Whiplash can manifest in several different symptoms, including neck pain, headaches, numbness, fatigue, dizziness, blurred vision, ringing in the ears, memory problems, irritability, and depression. In some accident victims, it arises immediately; in others, it takes days or weeks to manifest. Other injuries arising from rear-end collisions are sore or injured backs, trauma to the head, and fractures.

What to Do If You Are Involved in a Rear-End Collision

As I mentioned above, whiplash is the most common medical result of a rear-end collision, and this condition can develop long after the accident occurs.  As a result, you must attain a medical assessment of your health by a physician immediately after an accident.  Many people walk away from a crash, saying that they feel “fine.”  In reality, most accident victims are in shock and lack the clarity and experience to assess their condition adequately.  Attain a medical examination immediately so that there is a baseline assessment of your health after the crash.  If you wait to attain that assessment, the insurance company may argue that your pain and suffering arose from some subsequent event and may deny coverage.

Who Should I Call if I Was Involved in a Rear-End Collision?

If you or a loved one was involved in a rear-end collision, extensive, expensive medical treatment may be required, resulting in mounting bills lost income. Inexperienced counsel may lead you down a dead-end where you receive no compensation for your injuries. Instead, let experienced personal injury counsel take care of preserving your medical records, attaining expert medical opinions, 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 burn injury. Contact our experienced Mississippi Personal Injury Attorney 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.