Author: Derek L Hall PLLC

Going through a huge life change, such as a divorce, is painful for every family. The stress only worsens if conflicts over alimony, child custody, and child support arise. Hiring a family law attorney can be a valuable way to resolve the disputes that sometimes emerge as a marriage ends.

Often, people involved in family disputes may not hire a lawyer because they’re concerned about the cost or hope to handle the matter privately. But family issues are emotionally taxing and legally complex, so working with a compassionate family law attorney can ultimately be beneficial. It can also save you valuable money and time.

Let’s Look at the Top Five Reasons To Consider Hiring a Mississippi Family Law Attorney:

Experience and Legal Protection

A good family lawyer will have extensive experience resolving family disputes and a thorough understanding of Mississippi family law. Just like you wouldn’t hire a baker to fix your car, you wouldn’t hire a corporate lawyer to settle your child custody case. A family law attorney will provide sensitive and knowledgeable legal advice.

Hiring a family lawyer is especially important if your spouse or partner has hired a lawyer.

If the other side has retained counsel, they may try to take advantage of your lack of legal knowledge. Having an attorney in your corner can protect you from exploitation.

A family law attorney will also have an objective view of the dispute. Family conflicts are emotionally charged and sometimes traumatic. With no emotional stake in the dispute, your attorney will provide an unbiased evaluation of the case and offer guidance, preventing you from making decisions out of anger, desperation, or fear.

Saving Money and Time

While it’s true that you will have to pay a family law attorney, a lack of legal representation could end up costing you more later.

When conflicts arise in a family case, the struggle often involves disputes over money. Naturally, both sides want to minimize what they have to pay and maximize what they can get. If the other side has legal counsel and you don’t, you run the risk of giving up more than you are entitled to or getting less than you are rightfully due.

Imagine you’re trying to determine how much you’ll be required to pay in alimony and child support during your divorce. Your family law attorney can work to reduce your financial obligations so that you pay a fair amount. Or, if you’re supposed to receive spousal and child support, your lawyer can work so that you are paid per Mississippi law.

Hiring a lawyer also protects you from administrative errors that could put your case back in court. If you make a filing error or fill out documents incorrectly, the judge reserves the right to exclude them, which could seriously hurt your case. A skilled family law attorney can prevent small mistakes from derailing your case, which will accelerate the legal process and reduce the fees you may be required to pay. The longer a case takes, the more expensive it will be.

Settling a Custody Dispute

Trying to get sole custody of your children can be a complicated and challenging process. The courts consider the safety and best interests of children a top priority when deciding which parent should have custody. A judge will typically be reluctant to disrupt your children’s living situation unless there has been a major change in family circumstances.

However, there are many reasons why a parent might want to get sole custody of their children, including:

• Their ex-spouse is moving far away.
• The children are in a dangerous living environment.
• Their ex-spouse is incarcerated.
• Their ex-spouse is not complying with court mandates.

When the children’s welfare is at stake, it’s essential to get a family law attorney on the case immediately. You need to know what Mississippi law says, your legal rights, and what claims you can make. Your lawyer will know what the court needs to see to prove why you deserve sole custody of your children.

Ordering Your Spouse to Pay Alimony or Child Support

Ex-spouses sometimes stop paying the alimony or child support the court ordered them to pay as part of their divorce agreement. This is a serious violation. If your ex-spouse has stopped making payments per your agreement, a family law attorney can take steps to resolve the issue.

Similarly, if you’re making the payments and experience a sudden financial hardship that renders you unable to pay the alimony and child support you owe, then your family lawyer can help you build a case for lowering your support payments.

Peace of Mind

Although there are certain family situations that get ugly, most people hope for a diplomatic and fair resolution to their family disputes. Finding the right lawyer can give you peace of mind that you’re working toward as peaceful a resolution as possible, but also keeping yourself protected from unfair legal attacks or attempts to sabotage your financial or personal wellbeing.

When you work with a Mississippi family law attorney at Derek L. Hall, P.C., you get a solid advocate working exclusively for you. We take the time to listen to your concerns and propose solutions that work to preserve your family’s overall health and wellbeing.

Do we care? Yes.

Are we firm? Yes.

Are we fair? Always.

Call or contact us today for a free consultation.

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Being diagnosed with a disabling condition can be physically and emotionally draining. Unfortunately for many people, it can also be financially draining as well. An individual may lose the ability to work and find themselves unsure how to support themselves. The good news is there are government programs designed as social safety nets for these people. Unfortunately, the application process for these programs can be both confusing and challenging.

If a medical condition is impacting your quality of life and ability to work, you may be eligible to apply for some forms of Social Security benefits. But, which program is right for you, and how do you successfully attempt to navigate the application system? You might be wondering, “Do you need a lawyer for Social Security disability?” An experienced Mississippi Social Security disability lawyer can be of critical assistance during this time and may help you avoid unnecessary delays and denials.

Take a look at the top five reasons a disability attorney can help you. If you have more questions, contact the legal team at Derek L. Hall, P.C. today. We offer a free case review to help get you started.

Receive a Preliminary Evaluation to Check If You Qualify for Benefits

Sometimes it can be confusing to sort through which benefit options you may qualify for. There are Social Security Disability Insurance benefits, or SSDI, and Supplemental Security Income, or SSI. Both of these benefits have stringent application requirements and, depending on your income level and work history, you may be able to apply for one or both programs.

Applying for the wrong benefits program can waste your valuable time and result in your application being denied. An experienced Social Security disability attorney can sit down with you and review your situation. Based on the information you provide, an attorney can then determine which benefit programs you qualify for, taking the guesswork out of the process.

 Get Help with Your Initial Social Security Application

Applying for Social Security benefits can be challenging. The application process itself is lengthy, and there are mounds of medical records and other important documentation that need to be submitted to substantiate your benefits claim. Gathering these records can be tedious and frustrating, not to mention the time it takes to fill out the comprehensive application itself. Your initial request for benefits is based on the information you include in and with your application, so it’s essential that you carefully complete it.

Turning to a seasoned Social Security disability attorney is one way to cut down on your stress levels and get help filing your initial application. An attorney who has worked extensively in this field knows what the government is looking for in terms of medical documentation. An attorney can also review your application for oversights and mistakes and check for accuracy. Sometimes even the smallest error or missing detail can result in an application being denied. Having an attorney to help you file an initial claim can increase your odds of filing a successful application.

Update the SSA of Any Changes and with Medical Records

When you have a serious medical condition, there can be good days and bad days. When there are changes in your treatment plan or your medical condition begins to deteriorate, that is important information that needs to be passed on to the Social Security Administration. However, reaching out to the Administration to give them this timely and necessary information can be difficult.

A Social Security disability lawyer can pass along vital medical information to the Social Security Administration on your behalf, giving you peace of mind that it has all the information they need to make a decision about your claim. If you are already receiving benefits, an attorney can pass along your medical information to help make sure that you continue to receive the money you need.

Ensure You File Your Appeal Within the Deadline

It is an unfortunate reality for many people, but a lot of initial Social Security benefit applications are denied. This can be frustrating and result in individuals who need the benefits giving up on their claim. However, an attorney may be able to help you file an appeal and fight for your rights.

An appeal can be complicated as there are several different levels to the process. This process can also be daunting because of the strict time limits and deadlines. An experienced attorney can keep things on track.

Receive Representation at Your Hearing

The appeals process may put you in front of an Administrative Law Judge. It helps to have an attorney by your side to strengthen your claim with evidence and support you through the appeals process. Your SSD attorney can prepare you for what is ahead and the questions that a judge may ask you about your claim.

A disability benefits lawyer can also help present your case to the judge in a compelling and informative manner. It can be daunting appearing before a judge, even when you are feeling your best. This process can be stressful and intimidating at a time where you may be feeling ill and particularly vulnerable. Your attorney is a knowledgeable and solid presence that you can rely on during the hearing process.

How an SSD Attorney Can Help

While this may be your first time filing a benefits application, it is not a first for a seasoned disability benefits lawyer. A skilled attorney has been through this process countless times, which means they understand what the government is looking for when it comes to a complete and compelling application.

An experienced disability benefits attorney also knows which legal arguments to make and what evidence to present if a claim is denied and an applicant has to appear for an appeal hearing. Overall, a lawyer is familiar with the entire process from start to finish. That means they understand how to help you navigate the system and may be able to help you achieve a positive result more efficiently for your situation.

Contact a Mississippi Social Security Disability Attorney Today

The Social Security system is in place to help disabled individuals collect the money they need to make ends meet. Too often, because of the complicated process and frequent denials, people do not seek the benefits they deserve or give up after their first denial. A knowledgeable Mississippi lawyer for Social Security disability can help guide you through the system. We can help you compile a thorough and detailed application or appeal.

If you need more information on how a skilled Social Security disability lawyer can help you, contact Derek L. Hall, P.C. today.

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When you purchase a product, you assume that the manufacturer has ensured it is free of any defects and is designed safely. But when manufacturers put faulty or dangerous products on the market, innocent consumers may be seriously harmed.

Did a dangerous or defective product hurt you? You may be entitled to pursue compensation from the manufacturer or other liable parties through a product liability claim. But what exactly can you recover money for? At Derek L. Hall, P.C., we’ve got answers to all of your questions.

Our Mississippi product liability lawyers fight for maximum compensation and justice for people who’ve been hurt by unsafe consumer products. Jackson attorney Derek Hall has 25 years of experience and a track record of success in obtaining top-dollar settlements and verdicts from large corporations and their insurers. You can count on us to advocate fiercely on your behalf.

Cases involving dangerous products are incredibly complex because it means going up against high-powered companies backed by corporate attorneys. The lawyers at Derek L. Hall, P.C., won’t back down and know what it takes to build cases that stand up to even the toughest challenges. If a defective product hurt you, call or contact us for a free case evaluation.

Compensatory Damages

If you succeed in a product liability claim, you will — at a minimum — obtain recovery of compensatory damages. This is money for your financial losses stemming from your exposure to a defective or dangerous product.

Compensatory damages are intended to restore an injured victim to their condition prior to their injury. They are typically divided into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages, sometimes called “special damages,” include specific financial losses that a person incurs after being injured by a defective or dangerous product. Economic damages can usually be calculated by referencing documents and other financial information, such as bills, invoices, receipts, pay stubs, and income statements. For future economic damages, injured victims may rely on testimony from medical, vocational, and financial experts to provide a reliable estimation of future losses.

Examples of economic damages you may recover in a product liability claim include:

• Costs of medical treatment, including hospital bills, doctors’ appointments, surgeries, other medical procedures, physical/occupational therapy prescriptions, and medical or mobility equipment
• Costs of long-term care necessary after an accident, including home health services, residential care, or alterations to one’s residence (such as ramps or grab handles) to accommodate long-term disabilities
• Lost wages
• Loss of future earning capacity, including lost expected earnings and loss of employment benefits such as health insurance or pensions
• Compensation for property damaged or destroyed by the defective product

Non-Economic Damages

Non-economic damages, also known as “general damages,” are intended to compensate an injured victim for intangible losses they suffered due to their injuries. Unlike economic damages, which are quantifiable with objective facts and figures, non-economic damages are considered more subjective.

Rather than relying on bills or pay stubs, proving the amount of non-economic damages you may be entitled to in a product liability claim will often rely on witness testimony, including your own testimony, along with statements from family, friends, neighbors, and co-workers. These statements will focus on how the accident and injuries have impacted your life. Testimony may also be included from your treating physicians and medical and vocational experts to explain the limitations that your injuries will impose on your life.

Examples of non-economic damages include:

• Pain and suffering, or the physical pain and emotional distress you experience due to your injuries and subsequent medical treatment.
• Lost quality or enjoyment of life, which can result from embarrassment, humiliation, depression, or anxiety brought about due to physical disabilities, disfigurement, or scarring as a result of your injuries. Lost quality of life can also result from a reduction in your life expectancy due to your injuries.
• Loss of consortium/companionship, which compensates your spouse and/or close family members for the loss of your emotional support, affection, guidance, and care.

Product Liability — Punitive Damages

Unlike compensatory damages, which are intended to provide an injured victim money for losses they have incurred due to their injuries, punitive damages are awarded in product liability lawsuits to punish a manufacturer or other liable party for conduct that is considered particularly egregious or shocking by society’s standards. Punitive damages are also intended to serve as a warning against others from engaging in similar conduct in the future.

Punitive damages are rarely awarded in product liability claims. In most cases, juries and courts award punitive damages after finding that a manufacturer knew their product was dangerous, failed to recall the product, or even continued to market and sell the product, hiding evidence of its threat to public safety.

Contact a Product Liability Lawyer Today

If a dangerous or defective product has injured you, you deserve to seek financial compensation from the companies that put those harmful products on the market. But it’s important to take swift action, as corporations will act fast to protect themselves from any type of legal action.

Contact a product liability lawyer from Derek L. Hall, P.C. today for a free consultation on what types of damages may be available in your case. Call or fill out our online contact form right away to get started.

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If you’ve been injured in a car accident through no fault of your own, you have the right to seek compensation from the at-fault driver. With the help of a skilled car accident lawyer, you could recover money for your medical bills, missed wages, and other losses through a settlement with the other party’s insurance company.

Wondering how long it will take to get the compensation you need and deserve? Unfortunately, there’s no hard and fast rule. Many factors can affect how long a car accident case will take. An experienced car accident attorney can advise you on what to expect for your unique situation.

At Derek L. Hall, PC, our Mississippi car accident lawyers know the stress and strain that a collision can place on your health and finances. Our full-service law firm provides compassionate and competent legal help to people who’ve been injured in Jackson and the surrounding communities.

Contact us today to speak with a knowledgeable motor vehicle accident lawyer. We’ll review the accident claims process with you in a free consultation.

Factors That Determine the Length of a Car Accident Claim

Estimating the average time to settle a claim after a car accident can be difficult. Numerous factors can play a role, including:

Determining and proving liability

Obtaining compensation depends on whether another party can be held liable for the car accident and your injuries. If the other driver’s insurance company contests liability, it can significantly impact the length of a car accident claim. If the party or parties you seek compensation from accept liability for the crash and your injuries, reaching a resolution can come much more quickly.

But suppose the other side denies liability or argues that you should shoulder some of the blame for the accident. In that case, it may be necessary to file a lawsuit. A judge or jury would be tasked with determining liability and how fault should be divided according to Mississippi’s negligence laws.

Severity of the injuries 

The severity of your injuries can also lengthen the timeline of your car accident claim. Typically, it’s wise to hold off on making a formal demand for compensation from the at-fault party until after you have finished treatment for the injuries you suffered in the crash. If you require extended treatment, it can delay the start of formally pursuing your claim.

Of course, if you require months or even years of treatment, you may need to begin pursuing compensation while still undergoing medical treatment or rehabilitation. This can also complicate and lengthen the claims process since any financial recovery you obtain will need to include compensation for your expected future expenses.

Determining damages

In many car accident claims, the dispute between the parties centers not on liability for the crash or for injuries, but rather on the extent of expenses and losses claimed by the injured party. Opposing parties in a car accident claim may try to argue that an accident victim’s injuries did not result from the crash or were caused (at least in part) by pre-existing injuries or degenerative conditions.

The parties may also dispute calculations of anticipated future medical costs and the value of lost earning capacity resulting from long-term or permanent disabilities that impede an accident victim’s ability to work.

Finally, many defendants in car accident claims strongly dispute the amount of compensation that an accident victim may seek for pain and suffering or lost quality of life. Because those losses cannot be readily calculated and are subjective, insurers from the at-fault party may attempt to drive down the settlement value by challenging the requested amounts.

Insurance company response time

The insurance company handling the claim for compensation can greatly impact the length of a car accident claim. Larger insurance companies handle millions of car accident claims every single year. If the insurance adjuster assigned to handle your claim is already managing dozens or hundreds of other claims simultaneously, it can greatly slow down the ability of the insurance company to respond to your demand letter and counteroffers during settlement negotiations.

The litigation process

Most car accident claims settle long before the case ends up going to trial, often even before the claim is formally filed in court as a lawsuit. However, sometimes a claimant will need to initiate litigation to preserve and continue their legal claim. But litigation of car accident cases can take a long time due to crowded court calendars.

Once a case is filed in court, the discovery process begins. The parties exchange relevant documents and take depositions to record testimony from witnesses. Discovery can take anywhere from several months to more than a year to complete, depending on the complexity of the case. Litigation also typically involves multiple hearings, the scheduling of which depends on the availability of the court.

In total, a car accident claim can take as long as two to three years from the initial filing of the complaint before the case reaches trial and verdict. And if one or both parties believe that fundamental errors occurred in the case, a party may seek to appeal the decision, which can add several months and may even result in the case being sent back for a new trial.

Get a Free Consultation with a Jackson MS Car Accident Lawyer

If you’ve been injured in a car crash through no fault of your own, contact Derek L. Hall, PC, today for a free, no-obligation consultation with a knowledgeable Mississippi car accident lawyer. With 25 years of legal experience and a track record of success during settlement negotiations and at trial, our attorneys know what it takes to fight and win a case. Call us today.

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Premises liability laws require property owners to maintain their property to prevent injuries to their guests. When a property owner’s negligence results in an injury, the victim may be able to recover compensation from their losses. However, to obtain this compensation, you must show that the property owner was negligent and you were harmed as a result. You can do this by collecting convincing evidence. A premises liability lawyer can help.

If you were injured because of dangerous conditions on another person’s property, Derek L. Hall, P.C. can help. We can review the circumstances of your accident and explain if you have a valid premises liability claim during a free consultation. We can also help you collect the evidence described below.

1. Pictures of the Accident Scene

   Pictures or videos can be one of the most powerful pieces of evidence to support your premises liability case. If possible, try to photograph the following:

   • The hazardous condition that caused your accident, like debris on the ground, a substance on the floor, or a crack in the sidewalk
   • Signs or lack of signs of the dangerous condition
   • Your injuries as they progress over time

   Try to take these pictures as soon as possible after the accident before the property owner has a chance to fix whatever caused your injuries.

   Also, try to note any video cameras. Your premises liability lawyer may be able to request the video surveillance footage to show how the accident happened.

2. Lease Agreements or Property Records

   Premises liability claims are usually filed against the owner of the property or the party who had possession and control over it. Property records like deeds can show who owns the property and may be a matter of public record.

3. Accident Report

   After your slip and fall, it is essential that you report the accident to the property manager to notify the owner of your claim. If you made an accident report, ask for a copy of it. The accident report may contain important information that could be useful for your premises liability case, such as:

   • Information about your accident
   • Contact information for the property owner and its insurance company
   • Statements from witnesses or employees

   If you were unable to make a report at the time of the accident, write out everything you remember about the accident as soon as possible, including;

   • Where you were injured
   • The time of your accident
   • The person you spoke to and their position
   • The essential details of the accident

4. Insurance Policies

   If you make a claim against a home or business owner, you will likely first file a claim with their insurance company. You can ask the property owner for their insurance information and policy. Our premises liability lawyers can carefully review all applicable policies and the coverage limits.

5. Medical Records and Bills

   Slips and falls can lead to severe injuries, including:

   • Traumatic head injuries
   • Broken hips, arms, or legs
   • Spinal cord injuries
   • Soft tissue injuries like muscle strains or sprains
   • Burn injuries

   Your medical records can help show the seriousness of your injuries. They can also show that you sought medical treatment immediately after your slip and fall.

   Your medical records can also show how much compensation you should receive for the medical expenses aspect of your claim. They can also provide a basis for your pain and suffering claim.

   Provide your lawyer with the original medical records you received, including:

   • Hospital admission notes
   • Doctor’s notes
   • X-rays
   • Laboratory results
   • Medical bills
   • Physical therapy notes
   • Counseling notes

6. Employment Records

   You can also receive compensation for the lost wages and employment benefits you suffered because of the accident. Your pay stubs and employment records are important evidence of your lost wages. If you are unable to return to work after your accident, your tax returns can show how much you have lost because of your injuries.

7. Witness Statements 

   If you were in a store, at a party, or in a public place at the time of the accident, other people might have seen the accident. A neutral witness’ statement can go a long way toward supporting your premises liability claim since they have nothing to gain by lying about the events.

   They can also corroborate your own testimony about the conditions on the property at the time of your accident. Obtaining witness statements as soon after the accident as possible is critical so that you can get their version of events while witnesses’ memories are fresh.

   Ask for any witnesses’ names and contact information at the accident scene. Then, let your premises liability follow up with them later to get their statements.

8. Expert Witnesses

   In some premises liability cases, it may become necessary to have an expert witness testify about how the accident occurred, the property owner’s negligence, or the extent of your injuries.

   Your lawyer may consult with or have the following experts testify on your behalf:

   • Medical experts – A medical expert can connect your injuries to the accident, explain the type of medical treatment you had and will need in the future, and provide your final prognosis.
   • Safety experts – A safety expert may be able to describe how a hazard on the property could lead to injuries like the ones you suffered.
   • Accident reconstruction experts – An accident reconstruction expert may use available evidence and software to give an opinion about how the accident happened.
   • Economic experts – An economic expert may discuss how your injuries will affect your earning capacity and financial outlook.

Contact Our Premises Liability Lawyers Today

This information may seem overwhelming. However, you do not have to deal with this on your own. An experienced premises liability lawyer can collect evidence to support your case while you focus on your recovery.

At Derek L. Hall, P.C., we can thoroughly investigate your claim, determine what evidence is necessary to prove your case, and speak with witnesses. To discuss your situation and how we can help, contact us today.

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If you served in the Armed Forces and are living with disabilities connected with your service, you may be entitled to receive certain benefits through the U.S. Department of Veterans Affairs (VA). The types and amounts of benefits you can receive depends on a disability rating assigned to you by the VA, which looks at the severity of your condition and how it impacts your life. The higher your rating, the greater the benefits you will receive.

Unfortunately, even if you firmly believe that you are fully disabled due to your service, you can find yourself facing serious hurdles to secure a 100 percent VA disability rating.

When you are a fully disabled veteran, getting appropriate disability compensation and benefits may be the most critical challenge you are facing. Improve your chances of securing a 100 percent rating by turning to the Mississippi disability lawyers at Derek L. Hall, P.C.

Our law firm provides exceptional legal representation to our nation’s dedicated service members. You can count on our lawyers to give you an honest, realistic expectation of your case’s outcome while constantly fighting for the best possible results for you.

Obtaining a 100 percent VA disability rating can ensure that you receive the best possible support, both now and in the future. Call or contact us today for a free consultation.

100 Percent VA Disability Benefits

A current or former service member who served in active duty, active duty for training, or inactive duty training may be entitled to VA disability benefits if they have an injury or illness that affects their body or mind.

The injury or illness must have:

• Occurred during military service
• Existed before joining the military but was made worse during service
• Appeared after leaving the armed forces but is service-connected

One of the primary VA disability benefits includes monthly cash payments. The payment amount will depend on your disability rating and whether you have any dependent family members.

Cash payments are intended to make up for the veteran’s impaired earning ability due to his or her military service. Veterans whose disabilities prevent them from working altogether should be entitled to a 100 percent disability rating. When you are fully disabled, the correct cash payments can make all the difference in supporting yourself financially.

The amount of 100 percent disability payments changes annually to account for a cost-of-living adjustment determined by the Social Security Administration. To learn the current year’s amounts, visit here.

How to Get 100 Percent Disability From VA

A veteran can receive a 100 percent disability rating from the VA if they have a single disability that satisfies the requirements for a 100 percent rating or two or more disabilities that, when combined, add up to 100 percent.

A veteran may also qualify for a 100 percent disability rating from the VA under the Total Disability/Individual Unemployability (TDIU) rating when they meet the following criteria:

• There is evidence of suffering from at least one service-connected disability.
• They can prove that their disabilities prevent them from performing the tasks required for gainful employment.
• One disability is rated at 60 percent or more, or;
• If a veteran has two or more disabilities, at least one disability is rated at 40 percent or more, with a combined rating of 70 percent or more.

Combining the ratings from two or more disabilities is more complicated than simply adding up the two ratings. Instead, the VA uses a combined ratings table to calculate the final combined rating. Under the combined ratings table, two ratings correspond to a separate combined rating. This combined rating can then put into the table again to be combined with the ratings for a veteran’s additional disabilities.

The table reaches a maximum combined rating of 99. Final combined ratings are then rounded up or down to the nearest number divisible by 10, so the highest possible rating of 99 would be rounded up to 100.

In most cases, the VA will not automatically assign a 100 percent disability rating under TDIU unless the veteran specifically requests it. This can make the process of obtaining a 100 percent disability rating complicated and time-consuming if the veteran must go through the VA’s claims and appeals process. A knowledgeable disability benefits attorney from Derek L. Hall, P.C. can assist you so that you don’t have to fight for benefits alone.

Can I Still Work With a 100 Percent Disability Rating?

It depends. If your disabilities receive an individual or combined 100 percent VA disability rating, you can still legally work unless you obtained the rating through TDIU. If the rating came through TDIU, you cannot legally perform “substantial gainful employment” since one of the conditions of TDIU includes showing that your disabilities prevent you from performing the physical or mental tasks required of gainful employment.

If a veteran who has received TDIU earns an annual income that does not exceed the poverty threshold for an individual person, such employment is considered “marginal” and does not violate the prohibition on performing substantial gainful employment under TDIU. Employment in a family business or sheltered workshop is also typically excluded from the definition of substantial gainful employment.

If You Are a Disabled Veteran, Get Help Today

If you are a veteran and believe you qualify for a 100 percent disability rating, let a disability benefits attorney at Derek L. Hall, P.C. push for the resources you need to lead a more comfortable life. Call or fill out our convenient online contact form for a free consultation. There’s no obligation.

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Although you’ve made the painful decision to end your marriage, you may not know exactly what the process of getting a divorce in Mississippi involves. You don’t need to try to figure it out alone. The dedicated Mississippi divorce attorneys at Derek L. Hall, P.C. can guide you during this emotional time.

No matter where you are in the divorce process, you need experienced legal representation to get the best possible outcome for you and your family.

At Derek L. Hall, P.C., our lawyers will strive to help you reach a fair and favorable divorce settlement. Our team keeps your best interests front and center at all times. We make every effort to resolve matters outside of court so that you don’t have to be put through the stress of a trial. But if some issues must be resolved in the courtroom, you can count on our experienced divorce lawyers to take every step to handle the case efficiently, effectively, and with empathy.

If you need to know how to get a divorce in Mississippi, turn to us for help. Call or contact us today for a free consultation with a Jackson divorce attorney.

Grounds for Divorce in Mississippi

Mississippi law provides several grounds for a married couple to seek a divorce. The most frequently used type is the no-fault divorce. In a no-fault divorce, both spouses agree to seek a divorce. They will typically reach an agreement to settle the issues relevant to their divorce, such as equitable division of marital property, alimony, and child custody and support.

One spouse may also decide to seek an at-fault divorce. In an at-fault divorce, one spouse sues the other for a divorce on one or more of the 12 grounds for divorce established under Mississippi law. The spouse who files for the at-fault divorce will need to prove to the court that the alleged grounds for divorce exist.

The 12 grounds for an at-fault divorce in Mississippi include:

• Desertion, or the willful abandonment of the marriage for at least one year without the other spouse’s consent, just cause, excuse, or intent to return to the marriage. Desertion does not necessarily include physical abandonment. A spouse can desert the marriage and still live under the same roof if the couple lives as strangers rather than a married couple.
• Natural impotence, which must exist when the marriage begins and which the innocent spouse must not know of at the time of the marriage.
• Adultery, or when one spouse has voluntary sexual intercourse with someone who is not his or her spouse
• Habitual cruel and inhuman treatment, or conduct that endangers a spouse’s health or creates a reasonable fear of such danger or that is of such an unnatural nature as to make the marriage revolting to the innocent spouse.
• Habitual drunkenness that has a negative impact on the marriage and renders the offending spouse unable to perform marital responsibilities.
• Habitual and excessive drug use that renders the drug-using spouse reckless and unfit to perform his or her marital duties.
• Incarceration
• Incurable insanity developed during the marriage.
• Bigamy or polygamy – Only the innocent spouse may rely on these grounds for a divorce.
• Incest, as defined under state law.
• Insanity or idiocy that exists at the beginning of the marriage, unbeknownst to the spouse before the marriage.
• Wife’s pregnancy by another person at the time the couple is married, with the husband having no knowledge of the wife’s pregnancy or paternity of the child prior to the marriage.

Steps for Separation and Divorce in Mississippi

The divorce process in Mississippi involves several steps that begin even before you may be eligible to file for divorce. First, either you or your spouse must meet the residency requirement of having lived in Mississippi for at least six months before filing for divorce.

A divorce complaint must be filed in the correct county. If your spouse lives in Mississippi, you must file your complaint in either the county where your spouse now resides or the county where you and your spouse lived when you separated. If your spouse lives outside of Mississippi, you must file your complaint in the county where you live.

If both you and your spouse live in Mississippi and you are filing for a no-fault divorce, the complaint may be filed in either county where you or your spouse now live. The county court where you file your divorce complaint may have specific forms that you must fill out and submit along with your divorce complaint.

In the complaint, you must either state that you seek a no-fault divorce or allege one or more of the 12 grounds for divorce. The complaint must also set forth any issues you want to be resolved in the divorce, such as alimony, child custody, child support, and division of marital assets and debts.

If you file for a no-fault divorce, you and your spouse must observe a 60-day waiting period before the divorce proceedings can begin.

Once the complaint is filed in court, you’ll need to serve a copy upon your spouse. Your spouse can either accept a copy and sign an acknowledgment that you file in court, or you can have the sheriff’s office, a process server, or any individual over 18 deliver a copy of the complaint to your spouse. If you can’t complete an in-person delivery of the complaint, you can request the court allow you to use one of the alternative service methods permitted under Mississippi law.

Next, you and your spouse will need to exchange financial disclosure and other information, including your respective incomes, assets and debts, bank and brokerage statements, and pension or retirement benefits.

In most divorce cases, the parties reach a settlement agreement on all the issues in the divorce. If the spouses settle all outstanding issues, they can ask the court to incorporate their agreement in the judgment of divorce. If any issues are not resolved by settlement, the court will need to hold a trial to enable the court to resolve those issues. The court will also hold a trial in an at-fault divorce for the party seeking divorce to prove that one or more grounds exist for divorce.

How Can the Attorneys at Derek L. Hall, P.C. Help With Your Divorce?

When you’ve decided to end your marriage, let the divorce attorneys at Derek L. Hall, P.C., you through the hard times. We will:

• Explain the Mississippi divorce process so that you know what to expect at every stage
• Advise you on your rights and options
• File court paperwork on time and accurately
• Handle the complex financial issues in divorce, including dividing you and your spouse’s assets or determining child custody and support
• Communicate with your spouse or your spouse’s counsel so that you don’t have to face the added strain
• Protect your rights and interests as we try to reach a fair and favorable settlement for you
• Advocate on your behalf in court, if necessary

If you’re just beginning the divorce process, you don’t have to go in blind. Contact Derek L. Hall, P.C. today for a free, confidential consultation.

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When applying for Social Security Disability (SSD) benefits, it’s important to note that it can take time to obtain them. Data from the Social Security Administration shows that more than 70 percent of applications are initially denied, and the appeals process can stretch the process out even longer.

One of the first things that a SSD attorney hears from a prospective client is, “How long will it take for me to obtain Social Security Disability benefits?” The truth is that there’s no universal answer. But hiring a knowledgeable Social Security Disability lawyer can improve your chances of getting the outcome you want.

Attorney Derek L. Hall and his team have spent more than two decades helping Mississippi residents get the SSD benefits they deserve. We’ll be there for you at every step along the way, providing the personalized, one-on-one attention you need. We also make sure to return all phone calls and emails within 24 hours.

The sooner you speak to one of our SSD lawyers, the faster we can start working to get you the disability benefits you deserve. Get a free initial consultation by calling our Jackson office or filling out our online contact form.

Initial Application and Reconsideration Decisions

Barring certain exceptions for specific illnesses or special cases, the earliest you could begin receiving Social Security Disability benefits is upon the approval of your initial application. In Mississippi, Social Security Disability claims are handled by the state Disability Determination Services agency, which operates under the Department of Rehabilitation Services. It typically takes anywhere from 30 to 120 days from the initial application date for the application to be reviewed and processed.

If your initial application is reviewed and approved, you’ll start receiving benefits shortly after your approval, usually within a matter of days. However, if your initial application is denied, you’ll need to apply for a reconsideration, which is the first step in the appeals process. You can also submit additional evidence to support your claim.

It’s a good idea to speak to an experienced SSD lawyer before starting the appeals process. An attorney can help you collect the evidence you need for a complete and convincing claim.

Once you’ve submitted your claim for reconsideration, it will likely be another three to four months before you find out whether your application was approved. Data suggests only about 30 percent of reconsideration applications are approved, so expect to wait before hearing about your benefits decision.

Appealing Social Security Disability Decisions

If your application for benefits is still denied after you’ve submitted it for reconsideration, your next step is a formal hearing before an Administrative Law Judge. You’ll need to gather additional evidence to support your claim, and it can take more than a year before you’ll get a chance to present your evidence before a judge. Again, having an attorney during this phase can be incredibly valuable and improve your chances at a favorable outcome.

While it’s frustrating that the process can take so long, it’s important to use the time you have productively to give yourself the best chance at having your claim approved. Every denial and additional appeal will add more time before you can start receiving your benefits.

If your appeal before the Administrative Law Judge is denied, you can make another appeal to the Social Security Administration’s Appeals Council. This process can take another year or so, depending on factors like the complexity of your case and how many cases are pending before the Appeals Council. It’s important to note that the Appeals Council has the right to refuse your application for an appeal, and in most cases, they end up affirming the decision of the Administrative Law Judge.

Should your appeal to the Appeals Council be denied, the final step in the appeals process is to request a hearing in federal court. Again, this process varies by state and region, depending on the caseload of the court in question. It can take up to 18 months or so to get a decision if you make an appeal in federal court. Because federal court appeals are your final option to obtain Social Security Disability benefits, getting help from a knowledgeable and experienced SSD lawyer is essential.

Tips For Getting Approved Fast

While obtaining Social Security Disability benefits may seem like an uphill battle, there are a few things you can do to increase your chances of being approved quickly.

Consider these tips:

• Make sure you include as much information as possible in your application. Most applications are denied at the initial stage because of a lack of evidence. Taking the time to obtain as much supporting evidence as possible in the early stages could end up saving you time in the long run by avoiding the appeals process.
• If you’re in dire straits, make that clear in your application. There’s a process in place to expedite disability claims for those who are in danger of running out of food, about to lose their home, or can’t get the medical care they need. If you meet any of these conditions, make a note of it in your application.
• If you have a terminal condition, say it. The Social Security Administration will expedite your claim if you can show you have a life-ending illness.
• See if you qualify for a “compassionate allowance.” Those with certain medical conditions that meet the Social Security Administration’s definition of disability can have their applications approved in a matter of days. See if your condition is on this list of qualifying illnesses.
• Check whether you qualify for Supplemental Security Income (SSI) benefits through a “presumptive disability.” There are a handful of illnesses that qualify someone for up to six months of benefits automatically while their application is processed. You can learn more here.
• Veterans who served in active duty can also have their claims expedited. If you are a veteran, be sure to let the Social Security Administration know.

Contact a Social Security Disability Lawyer

If you’re suffering from a disability and need support, a Social Security Disability lawyer from Derek L. Hall, P.C. can be your greatest advocate and ally. We can help you fill out your application, collect the evidence you need, and meet all deadlines to give you the best chance of success at the initial application level.

Has your application already been denied? No problem. We’ll keep working to find compelling evidence that substantiates your claim for the SSD benefits you need.

Ready to talk to a Mississippi Social Security Disability lawyer? Call or contact us today for a free consultation.

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When consumers purchase a product, it’s reasonable to expect that it will perform as advertised. Unfortunately, some products fail to deliver on their promises — and when they do, the consequences can be deadly.

Were you injured by a defective product in Mississippi? You could have a valid product liability claim against any or all of the parties that ultimately placed the product in your hands.

Your product liability claim will likely be based on one of the three types of product defects: a design defect, a manufacturing defect, or a marketing defect. In some instances, your claim may even involve multiple defects. An experienced product liability attorney can help determine your legal options and fight for the compensation you’re owed.

At Derek L. Hall, P.C., we have over 25 years of experience representing Mississippi accident victims who are injured in accidents caused by someone else’s recklessness. Let us put our results-oriented approach to work for you.

We can get started on your product liability claim today. Call or contact us for a free consultation.

What is Product Liability?

In order to proceed with a product liability case, you must prove that you were injured by the product while using it as intended.

There are three primary ways to show that a product is defective:

Design Defect

Some product liability claims arise because the design of the product is flawed and inherently unsafe. This means that from the start, a product with a design flaw is unreasonably dangerous and increases the risk of injury or death to the consumer.

A mistake in a product’s design will affect every item that is made using that design. Many times, design defects involve large-scale recalls.

Some examples of design defects include a battery that catches fire when it is being used within its capacity, or an infant’s toy that is designed with small parts that could be a choking hazard.

Another well-known example of a design defect is the massive recall of Takata-brand airbags. The airbags were recalled due to a design defect that made them susceptible to exploding and spraying passengers with metal shrapnel.

Manufacturing Defect

In the case of a manufacturing defect, the design of a product is not in question. Instead, the defect occurred when the product was being assembled.

For example, a factory error may result in the wrong material being used in the making of a product. As a result, the product does not conform to the product’s intended design and may be unable to perform safely as planned.

A manufacturing defect can be introduced in different ways, such as when:

• Inferior quality materials were used.
• There was poor workmanship in the making of the product.
• There was inadequate oversight or supervision during manufacturing.
• The manufacturer had insufficient quality control procedures in place.
• Faulty product testing did not detect flaws in the product.

Unlike design defects, a manufacturing defect may not necessarily affect all of the products manufactured. It may only affect one lot number, for example. Some examples of manufacturing defects include automobile tires that were manufactured using the wrong type of rubber or a medicine that was contaminated because it was not properly sealed.

Marketing Defect

A marketing defect usually occurs prior to its being released into the marketplace. To prove that a marketing defect is present, you must first show that the product has potentially dangerous characteristics that can harm the consumer. Additionally, you must show that the manufacturer of the product failed to provide adequate instructions or warnings related to the product’s proper and intended use.

Common examples of marketing defects include:

• Failure to warn: This is the most typical marketing defect and carries the highest risk of harm to the consumer. Products that are likely hazardous must have proper warning labels to inform consumers of its potential dangers. Absent this information, injuries or even death can result.
• Insufficient directions: Some products can carry a potentially dangerous risk if used improperly. Complete information and instructions on how to use the product must be included. The manufacturer or retailer can be held liable if they fail to provide adequate guidelines on a product’s correct use.
• Advertising or promotions that are false and misleading: If the product is marketed with false or ambiguous information that does not accurately state its potential hazards, the manufacturer or retailer can be held liable for any injuries that their advertising subsequently causes.

Some examples of marketing defects include improper or missing age-appropriate warnings on toys or failing to warn of potential toxic fume exposure from the use of pesticides.

Contact a Product Liability Lawyer Today

If you were injured due to a product defect, don’t hesitate to contact the Mississippi product liability attorneys at Derek L. Hall, P.C. Our legal team has decades of experience providing aggressive and compassionate support to innocent people who have been injured through no fault of their own. Let help you fight for the full and fair compensation you deserve.

At Derek L. Hall, P.C., we believe that justice shouldn’t be limited only to those who can pay. That’s why we take cases on a contingency fee basis. There are no fees unless we win.

Contact us today for your free consultation.

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Car accidents are sudden and often-traumatic events. More than 22 percent of car accident survivors are estimated to suffer from post-traumatic stress disorder (PTSD), according to a meta-analysis of studies published by the National Institutes of Health.

PTSD is a serious condition that affects the lives of accident victims just as much as debilitating physical injuries. While many physical injuries heal over time, it can take much longer to recover from the psychological and emotional trauma of a devastating car accident.

At the law office of Derek L. Hall, P.C., we understand that PTSD is a common and devastating consequence of many Mississippi car accidents. If you believe you may be suffering from accident-related PTSD, contact our caring and attentive car accident attorneys today to learn more about your legal options in a free and confidential consultation.

How Do You Know If You Have PTSD after a Car Accident?

PTSD is a type of anxiety disorder that can affect people who witness or experience traumatic events involving death, severe injuries, or disturbing threats. Car accidents can be incredibly violent and traumatic incidents that may trigger PTSD in victims, even if they sustain no physical injuries.

If you suspect that you may be suffering from post-traumatic stress after a car crash in Mississippi, consider the following common symptoms of PTSD:

• Intrusive thoughts – People suffering from PTSD often have intrusive and recurring flashbacks of the accident that disrupt their daily lives. Victims also commonly struggle with nightmares and persistent feelings of misplaced guilt.
• Numbing feelings and behaviors – Some victims feel numb after an accident and may struggle to connect with their emotions or appreciate the activities they used to enjoy. PTSD sufferers also sometimes abuse alcohol or other substances to intentionally numb unpleasant memories and feelings.
• Avoidant behaviors – Accident victims with PTSD sometimes avoid people, places, and situations associated with the trauma they endured. This can lead to the development of panic disorders and even new phobias, such as an irrational fear of driving or even riding in a car.

• States of constant anxiety – Some victims become hyper-vigilant as a result of PTSD. States of constant alertness often lead to sleep disturbances, reduced ability to focus, and feelings of paranoia.

Does PTSD Count as ‘Injury’ in a Car Accident?

Car accident victims often file claims to seek compensation for the physical injuries they suffer. But what happens when an accident causes a non-physical injury, like PTSD?

Even if PTSD is an invisible injury, it has very real effects on a person’s life and still counts as an injury. With the help of a knowledgeable attorney, you can file what is known as a “pain and suffering” claim, which can seek compensation for non-physical damage, such as PTSD.

However, it’s often much more difficult to pursue a successful pain and suffering claim because:

• It’s more difficult to demonstrate the effects and severity of a mental and emotional condition like PTSD.
• You must obtain a professional diagnosis that not only demonstrates that you have PTSD, but also that your PTSD was directly caused by the accident.
• Determining the value of your claim is not as straightforward, especially if you have no hospital bills or other direct expenses from the treatment of PTSD.

Despite these hurdles, an experienced car accident lawyer can help you pursue compensation in a PTSD claim. The attorneys of Derek L. Hall, PC, can assist you with finding a mental health professional to diagnose and treat your PTSD, developing a “pain journal” to document the day-to-day effects of your PTSD, and filing a strong claim for pain and suffering compensation.

Will the Cost of Treatment Be Covered by Insurance?

Sometimes. Some auto insurance policies provide coverage for any psychiatric attention policyholders require after an accident, though many do not. If you need costly psychological counseling to recover from your accident-related PTSD, but your insurance provider refuses to pay, you can pursue compensation in an injury claim to reimburse you for the costs of treatment.

A successful claim for your accident-related PTSD can provide compensation for:

• Traditional therapy – This is standard psychiatric therapy that involves regular conversations with a qualified therapist to explore connections between your unconscious beliefs and your conscious feelings or actions.
• Cognitive behavioral therapy (CBT) – This is a type of therapy commonly prescribed for PTSD patients that attempts to identify and change destructive or disturbing thought patterns.
• Eye movement desensitization and reprocessing (EMDR) – This is a form of psychotherapy that uses sensory inputs, such as eye movements, to help PTSD sufferers recover from traumatic events.
• Rehabilitation programs – If a PTSD victim turns to substance abuse to cope with their trauma, compensation from a successful claim could help them cover the costs associated with alcohol or drug rehabilitation.
• Lost wages – If your PTSD was so severe that you were unable to work for a period of time, you could be entitled to compensation for any lost wages.

How Long Can PTSD Last After an Accident?

Depending on the severity of the accident and the psychological state of the person, PTSD can last for as little as several months to as long as several years or more. If PTSD is not treated properly, victims may even suffer complications for the rest of their lives.

There is no guarantee that psychological treatment will eliminate PTSD, but getting the help you need as quickly as possible is the best way to manage your symptoms and prevent additional suffering.

Even if you feel relatively normal weeks or months after a car accident, certain situations, experiences, or other stimuli may trigger your PTSD in the future. While there’s no definitive cure for PTSD, timely and professional treatment can improve your current psychological outlook and prepare you for any complications that arise later on.

How a Car Accident Lawyer Can Help

The car accident lawyers of Derek L. Hall, P.C., can support your Mississippi PTSD claim by:

• Thoroughly investigating the accident for proof of liability
• Helping you find the mental health care you need to diagnose and treat your PTSD
• Identifying and preserving evidence to support your claim
• Establishing a strong claim that definitively demonstrates the causes and effects of your accident-related PTSD
• Negotiating for the full and fair compensation you deserve for your suffering

We offer free, confidential consultations at no obligation to you. We represent car crash PTSD victims on a contingency fee basis, which means that we never charge any legal fees unless we win money for your claim.

Contact us today to speak with our experienced Mississippi attorneys.

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