A negative result does not necessarily mean that Medical malpractice has occurred in a situation. But if a Doctor does not provide appropriate care then it is worth seeking additional peace of mind for your family. If the inappropriate care leads to the death of a loved one, then your family may be put in a situation where the provider or caregiver in your family is changed forever, and all because of a lack of attention or professionalism.
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There are around 600 fatal car wrecks in Mississippi each year and even more wrecks resulting in minor injuries or lifelong altering disability. Mississippi requires that drivers carry a minimum of $25,000.00 per person or $50,000.00 per wreck. If you or a loved one have been injured in a car wreck, contact a Mississippi Car Wreck Attorney for a free, no-obligation consultation.
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How easy it is to get in touch with and receive a response from your attorney is an important consideration that often goes unnoticed. Being personal injury attorneys in Mississippi, we strive to provide several different ways for you to get in touch with us. From email, to our contact us page, to our phone, there are numerous ways to reach us, and friendly, knowledgeable staff are always on the other end ready to help. All consultations are free, and we are happy to speak with you about any legal question you might have.
When considering an attorney, you should be able to tell by their content whether they practice in a certain area or not. Our firm practices only in personal injury and has had experience in many different types of cases as personal injury attorneys in Jackson MS. Our practice areas include 18-wheeler wrecks, work injuries, car wrecks, spinal injuries, motorcycle wrecks, injuries to joggers, pedestrians and those in motorized vehicles. Making insurance claims in these sorts of cases is something we know how to do. We are happy to talk about to anyone who has been in one of these incidents.
One other thing to look for is how an attorney is rated. We are proud of our superb AVVO rating. Our profile, including testimonials, can be found at AVVO.com. These ratings can help to give you an idea of other’s experiences with certain attorneys, but you should use as many different sources of information that are available to you in order to determine how to proceed with an attorney.
Any injury to an individual’s body or property is termed “Personal Injury” in the law. A Mississippi Personal Injury Attorney is an attorney who represents individuals who have been injured or had their property damaged as a result of someone else’s negligence or intentional act. The cases of negligence are often covered by insurance policies which only pay after there is a final determination in Court of the damages caused in the incident. This area of law is also called torts and the right to trial by jury is one of the tenants that our country was founded on.
There have been efforts in recent years to limit or eliminate an individual’s ability to take a case to court and make a recovery. These laws have been called “Tort Reform” and take the power to award fair damages out of the hands of individual citizens, even when an individual will be blind or endure intense pain for the rest of their life. Powerful corporations funded the Tort Reform movement and continue to lobby for removing additional rights from a jury of peers.
Taking Justice Back is a great resource if you would like to know more about Mississippi Personal Injury Attorneys or Tort Reform in Mississippi.
Civil lawsuits for damages in tort involve three elements:
- Breach of duty causing injury
A case exists if there is some accepted behavior in society that is broken by an individual, causing an injury to another person or property. Examples of this would be a driver of a car owing a duty to drive with reasonable care. When he drives negligently or recklessly and causes damages to another person, he will be liable for ALL of the damages caused by his actions.
We as a people accept that there are standards that have to be upheld so that people and property are not injured or damaged willy-nilly. The only real ability we have to ensure that individuals in the community, corporations, and insurance companies play by the rules and act as responsible citizens is to ensure that each pays what is owed when push comes to shove. Without an accurate rendering of damages by a jury of what is actually owed, there is an incentive for insurance companies, corporations, and individuals to get away with as much as they can and then ask a jury to cut them a break in the courtroom. Sometimes these parties act intentionally and mean to act, other times the individual staring at their cell phone instead of paying attention to the road needs to be made to understand that this behavior is not acceptable. Typically, behavior that is outside of how we would expect a normal, wise person to act is called negligent behavior, and injuries caused by this behavior will be compensable in damages. Our laws and society create many duties that we follow every day.
Mississippi Personal Injury Lawyer
In certain areas of the law, it has been decided that there are stronger duties. This is called strict liability. Areas that are dangerous and that society seeks to ensure will continue to have great attention and care taken in their execution will be set up this way. Current day examples include those who are responsible for the care of dangerous animals and those responsible for the production and transport of prescription medications or dangerous chemicals.
Once duty has been shown to exist, and there has been a breach of that duty causing damages, the question of how to put things back the way they were becomes imminent. In Civil litigation, the jury is tasked with making a determination of the value of what has been lost by the injured person after hearing the presented evidence. In some situations, there is an offer of a low-ball insurance settlement to settle the case and make it go away. Often these offered settlements are far below the actual loss, and the injured person is forced to take the case to trial. Trial is the last effort to finally resolve what should be paid to the injured party. Often the injured person has been waiting for two years or longer with their injuries and any lost wages.
If you have been injured as a result of someone else’s negligence, there are several things you should know. The first thing will be to make sure you seek medical attention if needed. The medical records generated will be important in documenting your injuries. Once you have sought medical attention, it may be time to consult with insurance providers. It is often helpful to talk with an attorney after your initial medical treatment to determine your next steps. If you retain an attorney, your attorney will help in the process of giving statements to the insurance company and help put together the different aspects of your case. It is always a good idea to be cooperative with the police and with your treating physicians and to tell them about your injuries and any places you are feeling pain. You may be surprised at how often injured people focus on just one area of their injuries in their first several visits. Sometimes it takes time for injuries to manifest such as when the individual attempts to go through a normal day or return to work. Being clear and concise with authorities and medical providers is very important.
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What Steps are Involved in a Personal Injury Claim in Mississippi?
If you are a loved one has been injured as a result of someone else’s negligence choosing a Mississippi Personal Injury Attorney may be the next step in your process.
Typically personal injury claims in Mississippi follow these steps:
- Injury as the result of someone else’s negligence. This stage often includes trip and falls, motorcycle wrecks, inadequate security causing injury, car wrecks, 18-wheeler wrecks.
- Request for statements at the scene of the wreck or immediately after (you are allowed to have a Mississippi Personal Injury Attorney present while giving a statement).
- Medical treatment after the wreck including diagnostic treatment, x-rays, ct-scans. The medical records for this treatment will potentially contain your statements about how the wreck occurred, the areas of your body that are hurting, the amount of pain you are reporting and any treatment rendered to you.
- Follow up appointments with any doctors who have treated you.
- Depending on the injury and the amount of insurance coverage available the insurer of the negligent person may attempt to contact you to settle the claim. Often these offers are for amounts that do not even cover the medical expenses. An offer that does not cover the medical expenses will not provide for any future medical visits you may incur, lost wages from the time of the wreck, disability, loss of house hold services, future lost wages from ongoing effects of your injuries and pain and suffering.
A Jackson Mississippi Personal Injury Attorney will be able to guide you through the process of filing a claim for all of these expenses and if the Insurance company will not offer a fair amount, carry the case to trial where a jury will determine the amount of: medical damages, future medical damages, lost wages, future lost wages, pain and suffering, permanent disability, loss of household services.
Protection for Minors in Personal Injury Claims
Under Cooper Tire and its Progeny, the State of Mississippi has made itself clear that it takes the protection of the interests of minors very seriously. Cooper Tire v. Striplin, 652 So.2d 1102, 1104 (Miss. 1995). The decisions require opening guardianships to accept funds for a minor, and that any settlement amounts be submitted to the court. Often the funds will be put in trust and the funds only disbursed for vital needs of the minor. I believe that this is a fantastic way to protect a child injured in the state.
Another case that protects the rights of minors is Hare v. State. 733 So.2d 277 (Miss 1999). The “made whole” rule, as it sometimes called, is the general principle the insured must be fully compensated before other liens are paid.
Most other jurisdictions follow the “made whole” rule in its broadest terms. See, e.g., Shelter Ins. Cos. v. Frohlich, 243, Neb. 111, 498 N.W.2d 74, 78 (1993).
Types Of Damages Available in a Personal Injury Action
Damages in a personal injury case are called compensatory damages and are meant to put put a monetary value on any and every part of an injury given to an individual. It is widely acknowledged that no amount of money can ever truly “make things right” but a jury is instructed to consider every type of damage claimed and make a finding about the loss sustained in as a result of those damages.
Actual damages, are damages to reimburse for money out of pocket for expenses like medical bills, damage to property and any income lost as a result of the injury.
General damages are another category of damages that would be awarded for the suffering or pain of the individual, the amount of stress, fear and hurt experienced, the loss of society or companionship (consortium) and the loss of that future enjoyment an individual would have in their life.
An injured person can also be awarded damages for any property that has been damaged or destroyed as well. In a collision or wreck damage to the car or truck is common. The bill for the repair and diminished value of the car are both recoverable and should be considered as well as any other items damaged in an injury or any reimbursement for any rental car or other vehicle expense as the car or truck is being repaired.
Loss of Income
If an injury causes the plaintiff to not be able to work, a plaintiff should recover whatever would have been earned during that time. In this lost time at work time should be included for any lost work due to traveling to or from a doctor’s office or any time spent in the doctor’s office. It could also be the case that in injury slows a worker down and does not allow them to make as much as they would if they did not have the injury. An injury that slows a worker down, or has effects over the rest of the worker’s life should be considered as part of any recoverable damages.
Pain and Suffering
Accompanied with injuries and often the most difficult to relate to are the amount of pain the individual has endured or the amount of suffering that this individual has faced. It is easy to see pain on some individual’s faces, on others not so much but what the individual reports and the type of treatment they have revived will make this picture clearer. How much pain medicine has this person needed? what kind of treatment did they receive? How long was the recovery period.
Also, hearing from friends and family as to the amount of pain the person has been in or their inability to do the things they have normally been able to do will show the change in how well the person is living and how much pain they may be in day to day. For those who are in constant pain, it is difficult to put a number on what the value of pain over the rest of your life, taking away some of those special moments will be.
Mental Anguish and Emotional Distress
Mental anguish and emotional distress may seem similar to pain and suffering, but are different because they are the internal mind’s response to the actual event. Fear, uncertainty, stress, embarrassment, and grief all fall in this category. Again, this category is not visual but has to do with the experience of the individual and can be seen by the testimony of the individual as well as by family members and Doctors reports.
Loss of Consortium
Loss of Consortium has to do with an injured or deceased person’s inability to be involved as readily in relationship with family members or friends in the same way as before. Often injuries causing depression or brain injuries can have this effect and the effect of this loss in the case of death is easy to see.
When someone is injured and loses a business opportunity that would have been available to the otherwise, this category of damages is available. Even when lost wages are accounted for, if an individual is unable to compete in the same way anymore.
Any injury involving medical bills has the capability of accessing this category to attempt to help the plaintiff pay those bills which have been incurred. The amount of these damages should be the full amount of the medical bill absent any consideration of where other payment may come from given that there is often a subtraction that takes place of any amounts from the total damages that has been paid for by some other source.
Future medical expenses that an individual may need as a result of the injuries involved in the case will also be made a part of this category of damages. A plaintiff is entitled to any future damage that based on the evidence is more likely than not will occur.
What are Damages in Personal Injury Actions
There are Damages in Mississippi Personal Injury Cases that the law says should be paid to an injured party when the negligent or intentional act of another individual harms them. Once it is determined that the act was negligent (without the care that a normal person would take day to day) or intentional, then the next question is what damages were caused by the acts and the jury is instructed to award the full value of those damages that they find to be the case. These Damages in Mississippi Personal Injury Cases will be in the form of money, but are intended to completely compensate the individual for medical bills, medical expenses, lost wages, wages that they will miss out on the the future, property damage, pain and suffering. These damages are intended to as much as possible bring the injured person back to the place that they were in before the injury occurred and account for their pain and difficulty.
Often we see cases where an individual has an injury that makes it difficult to work the same way that they were able to before. In some of these cases the injuries to the neck, back or other injured area flare up with use making work a balancing act of dealing with pain and medication over the rest of an injured person’s life. Where muscle has been torn or strained or ligaments and cartridge has been damaged flare ups and pain with use of the area become more likely than they may have been before in some instances. This is also accounted for in damages at trial and is sometimes referred as loss of work capacity or a percentage disability to the body as a whole.
In Mississippi, the jury will never hear if insurance is involved in a particular injury at trial. This is because there is a fear that a jury would not return the same value for the damages if they knew the insurance company was paying the claim. Mississippi auto liability insurance is required for every driver.
There is a separate fear among some jurors that finding for an injured person will hurt them in some way. What happens more often is that if juries in a county consistently return lower values than the injury is worth then the insurance company will argue that an injured person’s case is worth less and that all claims in that county are worth less than other counties and this effects each member of the community in their future insurance claims.
Finding the value of an injury is a high calling for a jury and the jury is called to determine the actual value of the Damages in Mississippi Personal Injury Cases despite the identity of the parties. In the case of intentional torts, there are instances where the conduct of the defendant is so bad that punitive Damages in Mississippi Personal Injury Cases can be awarded as well as compensatory damages.
Compensatory damages refer to those damages meant to compensate a plaintiff or to replace the loss of a shortcoming or loss. These damages are meant to bring the injured party back to where they were prior to the injury occurred. This is broken up into two categories of this type of damage: actual compensatory damages and general compensatory damages. Actual damages in personal injury pay back the injured party for any payments made by the injured party, any loss of wages at work, any new expenses which appear as a result of the injury, any property that has to be replaced or repaired and any other treatment that will be necessary as a result of the injury. A person who has been injured sometimes has to sue to be repaid for these items even though both parties are insured. Any case that is being tried may very well involve insurance coverage that can never be mentioned in the courtroom. An injured party also often has other damages which can not be easily estimated, these are called general damages. Things such as pain and suffering over a lifetime, permanent change to appearance, mental pain, those expenses that will occur in the future as a result of the injury such as medical treatment that will be needed, or future loss of work as a result of the injuries, the categories also include loss of companionship, and other damages in personal injury actions.
Punitive damages exist to keep gross or intentional conduct from happening by punishing the defendant enough to make it clear that this type of conduct is not acceptable. Punitive damages will be determined by how much will be necessary to keep this type of behavior from happening again.
In those situations occurring with slight damages to the plaintiff, but where actual legal wrong has occurred there is a concept of nominal damages to a plaintiff. In a case where the evidence of actual damages is slight, the courts may still choose to award the plaintiff a small sum of money to acknowledge that he or she was legally wronged by the defendant. These are cases that do not involve damages like medical expenses and have to do with an intentional act that has been recognized as a tort.
Court Costs and Attorney’s Fees
When an injured party wins at trial, the injured party is often entitled to some of the fees, expenses, or costs expended to get the case ready to take to court. These types of expenses are sometimes generated by delay and stonewalling by a party or insurance company that has done wrong and knows they will eventually have to pay, but has an incentive to delay any payment as much as possible.
What are Damages in Medical Malpractice
In medical malpractice cases there are two available forms of damages. These damages in medical malpractice cases are punitive damages and compensatory damages. There are two types of damages available in medical malpractice cases, compensatory damages and punitive damages.
Punitive damages can be awarded in those cases where it has been shown at trial that the actions of the defendant were either intentional or grossly negligent. If a determination is made that the conduct is either intentional or grossly negligent, then damages may be awarded as a way to ensure that this type of conduct does not happen again.
Compensatory damages in medical malpractice cases are to put the injured person back in the same position they occupied prior to the injury. This is not possible, but these damages are intended to accomplish that purpose, as much as money is able to put the injured person back into the same position they were in prior to the injury. Compensatory damages are further divided into actual damages and general damages. Actual damages pay back those financial losses sustained by the injured person or their relatives. Actual damages include:
- The amount of bills for medical treatment as a result of the injury;
- Any loss in wages or work as a result of the injury;
- The cost of paying someone to provide those services the injured person was able to do prior to the injury or for nursing care.
The second element of damages in medical malpractice cases are general damages which include damages that are not available in actual billed amounts. This category includes:
- The pain or suffering involved with the injury;
- The mental anguish associated with being injured or the loss of ability
- Disfigurement to the body;
- The cost of any future medical treatment the injured person will incur in the future;
- The value of any lost wages the injured person will more likely than not lose in the future;
- Loss of the benefits of a relationship (also called loss of consortium);
- Loss of the regularity of normal life.
What Constitutes Medical Malpractice?
Medical professionals go through extensive training in order to learn how to do their jobs and to treat many different types of maladies. Doctors, nurses and first responders also make mistakes. If these individuals lose focus or misdiagnose the issues facing an individual the results can be life ending. National Academy of Sciences statistics show that over 98,000 individuals in America die as a result of mistakes made by doctors or nurses each year, medical malpractice.
Medical malpractice refers to a Doctor or other medical professional that acts in a way that is outside of the standard of care that injures the patient. The Doctor or healthcare provider may be found to be responsible for any amounts of medical bills, pain and suffering lost wages, future wages or bills or other damages. The question of negligence in medical malpractice cases boils down to what would a reasonable average doctor in the area practicing in the same field have done in the same circumstances to care for the injured person. If the care rendered is different or the doctors missed symptoms that a reasonable prudent doctor would not have missed then a case for liability and damages may be made.
Airplane Crash Injuries and Causes of Action
Airlines such as United, Delta, Jetblue, US Airway and Southwest are effected by many laws and regulations dealing with “common carriers” and have more oversight and scrutiny that would a private airplane or private jet. Federal and State statutes both deal with what is required, what proficiency a pilot must have and there is a higher standard for these businesses that hold themselves out to the public as offering the service of getting you safely to your destination. Any time a airplane crash injury occurs, it is highly likely that one of these strict standards was not followed and the injuries caused by the crash may be compensable.
When and if an airplane crashes there is much information and evidence to be gathered about what may have caused a crash, and this can be difficult given how spread out or damaged these items may be. There is always an interest in a plane crash concerning what happened to the “black box.” The black block is a device that records all the inner workings of a plane, its location and radio chatter so that you can pinpoint exactly what went wrong in an air emergency. The black box typically is not black but orange and has inside of it a transponder that sends out homing signals so it can be found. Once this information is gathered an expert in these planes can piece together if it was due to mechanical error, extreme weather, external event or pilot error (most often) collecting this information must begin immediately. It is important to find representation quickly if you or a loved one has been injured in an airplane crash.
Our attorneys will be glad to speak with you about any questions you may have about this type of action. Contact us.
What to Look For in a Personal Injury Lawyer in Mississippi?
Finding an attorney in the greater Jackson area who has experience in the specific area you are looking for can be quite a task. When you were looking for a Jackson lawyer on the internet you will likely find attorneys all across Mississippi. This is likely different than what you were looking for. This is why our firm offers free consultations and will attempt to help with whatever legal need you may have in Jackson or around the state. If we do not practice in that area to put you into contact with an attorney who practices in that area to help you.
It is difficult in this day and age to be a jack-of-all-trades or general practitioner as an attorney. The Jackson metro area allowance for attorneys to practice only in certain areas of the law. Our Jackson lawyers know many other attorneys and these attorney practice in a broad range of areas of the law. Jackson lawyers may also belong to one of many different professional groups where attorneys who work primarily in another area may be found. The Capital Area Bar Association is one such group. Jackson Young Lawyers is another such group. These groups allow attorneys to meet one another, network and socialize.
Jackson, MS Lawyer – Personal Injury Cases
Our attorneys practice in personal injury, car wrecks, motorcycle wrecks, 18 wheeler wrecks, traumatic injury, slip and fall, pedestrian injury or jogger injury my vehicle. To summarize we handle any injury where insurance claims are involved and attempt to provide a way for hurt people to pay their medical bills. Whatever your legal need, we can help you navigate the legal landscape.
Our phone lines are always open and we are happy to provide a free consultation for anyone who calls our firm, also our attorneys are available online through the chat bar at the bottom of your screen. There really is no reason why you should not ask a Jackson lawyer about your particular legal claim or issue if the consultation is free and no-obligation. We will be happy to try and help guide you in the right direction, even if it isn’t our law firm that ends up handling your claim.
If you would rather see the face of an attorney we are always available for face-to-face in office consultations, in home visits, and are also available by face time or Skype. Video conferencing technology allows our attorneys to be more effective and efficient saving clients on travel time and expense.
The documents needed to begin to pursue your claim can be sent by e-mail or fax to save you from the necessity of traveling to our office. Our goal is to remove any roadblocks to your ability to make a claim and to give you peace of mind that your claim is being pursued.
When you were looking for an attorney in Jackson Mississippi gather information so you can consider the options for Attorneys by searching for the term Attorney Jackson. This search term may be used locally to find attorneys if you are in the Jackson metro area. There may be enough information online for you to make a decision concerning your attorney needs. Searching Attorney Jackson will return many different attorney options in the Jackson, Mississippi area. Researching these options and determining who is the best fit for your claim, or who practices in the area of law that you are looking for will allow you to make an informed decision about your claim.
Attorney Jackson Search
Attorneys that regularly practice in the area of law that you need help in may be more current in the law in that area and able to get you the results you need. Attorney Jackson candidates should have information about the area of law that you are looking for on their website, including information that is helpful to determine what your actual needs may be, how long you have to bring your claim, and what steps you need to take in your claim in order to pursue your claim. Free consultations help you meet the attorney you are looking to hire and discuss your claim with that attorney and hear from that attorney what they might be able to do to help you.
Our attorneys practice in Jackson, Mississippi. Practicing in Jackson allows our attorneys to have met the other attorneys that practice in Jackson and help make a recommendation should they need to send you to another attorney in the area. If our firm does not handle the type of case that you have we will be happy to give you a free consultation and help aid in you speaking with another attorney in that practice area. This will make sure you get the information you need prior to making any decision to hire an attorney. Call us now at 601-272-2406.
Having an attorney that practices locally will save time and expense in your claim. Mileage and postage expenses are a part of most contingency contracts. The less an attorney has to drive to the courthouse or send something by mail to the courthouse, the less should be recorded in the mileage category of expenses at the end of your case.
Hiring an attorney who lives near where the wreck occurred or near your home may make it more likely that the attorney is available to travel to you for a house call.
What is a Spinal Cord Injury in Mississippi
Each year in the United States more that 11,000 individuals sustain a spinal cord injury (SCI). Mississippi Spinal Cord Injury accounts for roughly 200 injures per year. When this type of injury occurs the nerve tissue of the spinal cord is damaged and can cause a loss of movement or sensation. Impacts directly to the spinal cord, or to the connective tissue surrounding the court can turn a fully functioning provider or head of household into an individual who can no longer work, stand or feel certain areas of their body. The high speeds involved in a car wreck, 18-wheeler wreck or motorcycle wreck are often to blame for these injuries but high impact sports and violent crime are increasingly concerning sources of these injuries.
Mississippi Spinal Cord Injury is typically broken down into two categories. Complete Injuries or Incomplete injuries. In a complete injury, the nerves of the spinal cord are damaged in such a way that the signals flowing through them to a certain area of the body stop. This results in a total loss of sensation and voluntary muscle movement from the effected area down the rest of the body. If there is some feeling or ability to move then the nerve tissue has not been completely damaged and the injury is called “incomplete”.
With this in mind it becomes clear why a spinal cord injury to the neck will often cause loss of sensation and voluntary movement to all areas below the neck. (usually referred to as “quadriplegia”) while injuries to the lower back (thoracic) may only result in loss of sensation or movement to the lower limbs (usually referred to as “paraplegia”). An incomplete injury at any area can result in loss of certain areas of sensation or voluntary movement, while a complete injury in these same areas can cause debilitating injury.
Doctors and other medical staff will immediately refer to a spinal cord injury by talking about the specific spot on the spine that was injured. The bone vertebrae area of the injury the higher vertebrae of the neck are cervical vertebrae and the lower vertebrae are called the thoracic vertebrae, and lower lumbar and sacral vertebrae.
Immediately after the intense motion that caused the injury the body’s natural response is to swell around damaged tissue and increase blood flow to the area. Often in spinal injuries this causes additional pressure to be placed on the spinal cord which can lessen nerve functioning. In some cases this nerve signal loss does not mean there is permanent injury but rather as the swelling goes down some of the signal will come back along with sensation and movement. Ambulance Techs and ER professionals take great care with Mississippi Spinal Cord Injuries and move the cord as little as possible until the extent of the damage is known.
For more information about these types of injuries, additional resources or questions about the individuals who cased these injures contact our firm.
Brain Damage Injuries in Mississippi
Traumatic brain injury, is typically caused when the head receives a blow or the skull hits a solid object. These injuries are often abbreviated TBI and the forces involved involve forward and back strain as well as twisting type strain due to the combination of solid and soft tissues in the cranium. When the brain and body are moving in a certain direction at speed and then stop quickly the brain tends to keep moving and pushes against the side of the skull. The effects of Brain Damaging Injuries in Mississippi can include unconsciousness, concussive type symptoms but do not always manifest themselves in this way. Often individuals get up and walk away from the initial blow but continue on with worsening symptoms that if untreated may only worsen. Even small impacts can cause bruising or swelling in the brain and if any of the blood supply in the brain begins to bleed an individual may be in serious danger.
A blow to the head that cracks or fractures the skull can come with its own set of dangers, but typically the level of pain in these injuries sees the injured parties getting more immediate attention. It is non-treatment of head injuries that leads into more serious danger as swelling, strokes and additional injury can occur because of the lack of attention paid to them. Keeping a close watch on an individual after any head injury is a good idea, and could even save their life. Early treatment is the name of the game and is always preferred to “wait and see.” Treatment is always recommended if there is any question whether a TBI has occurred.
Brain Injuries are serious and sometimes critical injuries involving tissue that can be easily, permanently damaged. After effects of a Traumatic Brain Injury include nerve damage, seizure disorders, memory loss, loss of muscle control, and most other disabilities. Sometimes the symptoms of a brain injury are difficult to spot and can be as simple as the subject getting angry more frequently. These types of brain injuries change individuals lives and inhibit victims in ways they never thought possible.
In Mississippi wonderful resources exist, including the Brain Injury Association of Mississippi which can be found at: http://www.msbia.org/ This organization is a wonderful resource for families of people with brain damaging injuries in Mississippi.
What Constitutes Negligence In Mississippi
In most injury cases that are tried in Mississippi involve a determination of whether one or more defendants was negligent and whether that negligence caused the damages to the injured person. Negligence is a failure by a person to use the amount of care that a similar person in the same situation would use. Proving negligence in Mississippi often includes the following:
The law of negligence in Mississippi is set up to flow in this order: There is a level of care or an action that is accepted in the community (a duty), a defendant does not meet or ignores that level of care or acceptable action (breach of the duty, sometimes negligence), the individual’s action caused what happened to the injured person to happen or set off a chain of events that you might expect could cause damages.
If a jury has found that the individual has not acted with the amount of care that a similar person in the same situation would, and that this action caused or set of a chain of events that it is foreseeable could cause damages then the injured person is entitled to have a jury determine all the ways that the injured person should be put back like they were before the injury occured.
This determination should be for the full value that has been shown and includes past and future medical bills from the event, ongoing disability to the body, past and future lost work, past and future pain and suffering, and any other categories permissible in cases of Negligence in Mississippi.
Mississippi Personal Injury Damages Defined
After a jury has made a finding that a defendant was negligent, the jury will then be required to determine the amount of damages which more likely than not (51%) were caused in the injury.
There is no amount of money that can make someone completely healed from their injuries and the pain they experienced, but the law requires the jury to consider the entirety of the pain and injury sustained to the person, property or reputation. This amount is called the “damages” of the case. The jury is required by law to award that amount to the injured person, even if they feel that the evidence only slightly tips the scales in the injured person’s favor. This is the meaning of “more likely than not”.
After an injured person first meets with a personal injury attorney to discuss the details and facts of the case, the attorney will be able to guide the them through the bird’s eye view of the case. The following things will likely be considered:
1. The insurance company will likely be unwilling to pay the actual amount of the claim prior to going to trial.
2. The damages recovered from a personal injury claim should include property damage, lost income from work (present and past), the total medical expenses incurred, and any pain and suffering endured by the injured person.
3. It is often the case that the amounts offered by the insurance company prior to obtaining an attorney are significantly less than what is owed. During your free consultation with a personal injury attorney, we can discuss what will likely happen in your claim.
The other necessary purpose of the initial consultation is the transfer of information. Your personal injury attorney needs all of the recordings, photographs, and history that you can provide concerning your injury, as well as what your doctors have said to you about your treatment.
The amount that can be recovered in each personal injury claim changes from case to case and cannot be guaranteed. This is not to underestimate the necessity of having an experienced personal injury attorney to pursue your case.