What Is the Average Settlement for a Wrongful Death Lawsuit in Mississippi?

When someone dies as a result of a drunk driving accident, a slip-and-fall accident, medical malpractice, or some other kind of personal injury, one way that the victim’s family can seek justice is through a wrongful death lawsuit.

Though there’s no amount of money that can fully make up for the loss of a loved one, a wrongful death suit can help families hold the responsible parties accountable for what they’ve done. A lawsuit can also help grieving families get the money they need to cover their loved one’s medical bills, lost wages, funeral costs, and other expenses. A wrongful death settlement can also bring peace of mind as a measure of justice for the deceased.

If someone in your family has suffered a wrongful death, it’s natural to wonder how much you could receive in a wrongful death lawsuit or settlement. Many factors go into determining a wrongful death settlement. Because there is no “average” wrongful death case, there is no “average” wrongful death settlement.

However, our attorneys can review your situation, determine the extent of your losses, and evaluate what types of damages you and your family could recover in a successful claim.

To help answer any questions you might have, the Mississippi wrongful death lawyers at the law offices of Derek L. Hall, PC, present this guide to the ins and outs of wrongful death settlements.

For specific answers to your questions, feel free to contact us for a claim review and consultation. It costs you nothing to speak with our Mississippi wrongful death lawyer.

What Is a Wrongful Death Settlement?

When someone dies due to the negligent or reckless actions of someone else, their death may be considered a wrongful death under Mississippi state law. Mississippi allows surviving family members of wrongful death victims to file a legal claim for compensation against the people or entities responsible for the deceased’s injuries.

If the surviving family members make a successful claim against the liable parties and their insurance companies, the compensation they receive will take the form of a wrongful death settlement. This settlement is an agreement between the party or parties responsible for the deceased’s injuries and the deceased’s surviving family, and it lays out what the responsible parties will pay to the surviving family members for their losses.

Wrongful Death Settlement Amounts

It’s difficult to say what the “average” settlement for a wrongful death case is in Mississippi because each wrongful death case is different. Furthermore, even relatively similar cases may end up with different settlement amounts due to factors like the available evidence in the case, which insurance company or companies are involved, and other factors.

That said, the things that surviving family members can be compensated for are fairly consistent, even if the amounts vary from case to case.

If you file a wrongful death claim after someone in your family dies, you could potentially be compensated for things like:

  • The cost of the deceased’s medical bills – Depending on what caused the deceased’s injuries and how long they were undergoing medical treatment, they could have accumulated substantial medical bills. Surviving family members can be compensated for the cost of the deceased’s medical treatment related to the injuries that led to their death.
  • Funeral and burial expenses – Funeral and burial arrangements can be extremely costly. As part of a wrongful death claim, surviving family members can be compensated for any costs related to the deceased’s funeral and burial.
  • Loss of future earnings and benefits – When someone dies a wrongful death, they often had many years ahead of them to earn a living and provide for their family. Now that they’re gone, however, the surviving family members may be left without a reliable source of income and are unable to enjoy the other benefits that the deceased may have earned. Surviving family members can be compensated for the value of a deceased’s family member’s lost earning potential and other benefits.
  • Damaged property – As in other personal injury cases, a wrongful death claim allows surviving family members to recover compensation for any of the deceased’s property that may have been damaged in the accident. For example, if the deceased died in a car accident, you could potentially recover compensation for the value of their car that was damaged.
  • The deceased’s pain and suffering – The deceased may have been in extreme pain from their injuries before their death. A wrongful death claim allows surviving families to claim compensation for the deceased’s pain on the deceased’s behalf, since the deceased cannot claim that compensation themselves.
  • Mental anguish suffered by surviving family members – The death of a family member can take an immense emotional toll on someone. Though difficult to quantify, this pain is very real. A wrongful death claim allows surviving family members to seek compensation for the emotional turmoil they’ve endured.
  • Loss of consortium and guidance – Many of us count on our family members for emotional support and guidance, as well as for financial help. A wrongful death deprives surviving family members of that support, but they can seek compensation through a wrongful death claim.

How to Get a Fair Wrongful Death Settlement in Mississippi

Getting help from an experienced, dedicated wrongful death lawyer is essential for seeking fair compensation after a wrongful death. Without an attorney’s help, you run the risk of unwittingly accepting a lowball settlement offer from an insurance company.

To pursue a fair settlement, you’ll want to identify everyone who may be liable for your family member’s death. You’ll then need to account for and document the types of compensation you may be due, such as the deceased’s medical bills, funeral and burial costs, and pain and suffering. You’ll also need sufficient evidence to get compensation for your own losses, such as the emotional harm you’ve suffered as a result of your family member’s death.

From there, you’ll need someone who can negotiate with the liable parties and their insurers to make sure they’re held accountable. That’s a lot of work to do on your own, but getting help from a wrongful death lawyer can make the process much less burdensome and go more quickly.

Contact a Wrongful Death Lawyer Today

We know the prospect of taking legal action and considering your financial needs may be difficult following the death of a loved one, but you deserve to be compensated for your painful loss. You likely have major expenses that need to be covered, and a wrongful death suit can help you secure the money you deserve so that you and your family can take the time you need to heal. Many families find peace and closure from pursuing justice on behalf of the deceased.

You don’t have to face a wrongful death case on your own. At Derek L. Hall, PC, our legal team is here to answer any questions you may have. Get a free initial consultation by calling our office or visiting our contact page.

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COVID-19 & Child Custody Solutions

COVID-19 continues to infringe on many areas of our lives in ways large and small. One of its most challenging impacts is on families – especially when child custody and visitation rights are at stake.

The World Health Organization declared COVID-19 a pandemic in March 2020. Who knew it would still be a growing problem in America and around the world almost a year later? We’re still sensing the fallout, especially in families.

On a more personal side, the coronavirus has added a new level of angst among two-household families who share custody of a child. Many parents struggled to live by court-sanctioned parenting agreements before COVID-19. They find it even tougher now.

If this sounds like you, the Jackson family law group at Derek L. Hall, Attorney at Law has the skill, experience and passion to guide you through these difficult days. Navigating child custody and visitation issues is what we do. Contact us now to find out how we can help.

Legal Implications of Child Visitation, Custody and COVID-19

Parents who couldn’t agree on many family issues when they were together may be especially prone to conflict now. The unpredictable nature of COVID-19 adds additional stress to an already volatile situation.

Typical COVID-19 issues are how to visit friends, whether to participate in after-school activities, the best way to provide childcare, what to do about college and the potential risk parents pose by the nature of their work environment. All of these and more drive parents to the top of the frustration index.

Although children are not generally as susceptible to the coronavirus and tend to experience lighter cases, research shows they are “silent spreaders.” Some family courts hold that failure to take reasonable precautions to protect children from the coronavirus may result in a reduction in a parent’s allotted time.

The November and December holiday seasons raised the question about how children could safely fly or take other public transportation to visit both parents living far apart. How does the existing custody agreement apply in the age of COVID-19? Are parents still bound by the agreement when shelter-in-place orders are in effect?

Family courts have not established a consistent approach to dealing with these and other issues. However, they have generally specified that the court must approved any change in the existing custody agreement in advance.

Temporary Modifications to Custody Agreement

Parenting agreements remain the same despite shelter-in-place or social distancing orders. If you realize that your existing custody agreement needs adjustments to take into account your child’s safety amidst the coronavirus, be proactive. Ask a reliable family lawyer like those with Derek L. Hall, Attorney at Law, to help you achieve a temporary modification.

Be aware that temporary modifications are not easy to get. You will need “a strong factual showing of imminent danger or severe detriment to the child.”

There are several different types of temporary modifications, including:

  • Delay in-person visits temporarily
  • Temporarily postpone shared physical custody
  • Daily or periodic telephone calls or video meetings
  • Supervised visitation

Tips for Parents Sharing Custody of a Child Throughout the Pandemic

To be successful at co-parenting during theCOVID-19 era, your child’s best interest must be top priority. This mindset must be agreed upon by both parents to fairly negotiate changes to a custody agreement.

Setting aside personal grievances is difficult. So is blocking out painful memories that caused the family breakup in the beginning. Instead, you and the other co-parent need to look inward to determine what changes are best for the child and others in the home.

This becomes especially hard if you fear that giving up any of your custody time temporarily may lead the child to prefer the other parent. This is painful if you feel your co-parent is manipulating the situation.

You may also find yourself agonizing over whether giving up time with your child temporarily may mean you’ll never get the time back. From a financial standpoint, there’s also the question of whether more child support will go along with how the time with each parent is allocated.

Keep your relationship with the child steady, faithful and true. If needed, set up Zoom meetings with your child as a substitute for in-person visits.

How Parents Can Work Together to Keep Each Household Safe

Remember, all of us are fighting against a new and deadly enemy that no one fully understands. In fact, we only heard of the coronavirus in late 2019. So, doing your part to slow it down and keep your child safe should be one thing you and your co-parent can agree on.

Your child’s health and safety hang in the balance.

Co-parents can consider these strategies to work together during these trying times:

  • Keep communication open, responsive and prompt.
  • Avoid keeping score.
  • Begin each conversation with finding a solution together as your goal.
  • Stay socially connected with your child while physically distanced. Try to set up virtual visits on Zoom or other call-sharing platforms.
  • Once the pandemic is over, set aside extra time for the non-custodial parent and child to get re-acquainted.
  • Reassure your child – and encourage your co-parent to do the same — that the family will get through these difficult times and love will find a way.

Contact Our Child Custody Law Firm for Help

It’s rarely easy to manage child custody issues, visitation rights and the other matters that make co-parenting a daily challenge. COVID-19 is changing – or at least adapting – the rules in ways no one could have predicted.

If you see a need to modify your custody agreement or establish a new one, don’t try to go it alone. Contact our child custody team at Derek L. Hall, Attorney at Law. Contact us now for a free initial consultation and let’s get started.

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How Long Does VA Disability Last?

After spending years of their lives defending our country, military veterans deserve to be taken care of when they’re disabled by injury or illness. That’s why the federal government offers disability benefits to sick and injured veterans.

Unfortunately, these benefits can be hard to obtain, and the rules that determine how they’re awarded can be difficult to understand. Even basic questions like, “How long do VA disability benefits last?” can be challenging to answer.

If you have questions about disability benefits for veterans, the disability lawyers at the law offices of Derek L. Hall, PC can help. Hall and his team have been helping people throughout Mississippi with legal representation for more than 25 years. Unlike larger firms, we make sure you have direct access to your attorney whenever you need it, and we provide 24/7 access to your case file online.

You can call our office or visit our contact page for a free initial consultation. We look forward to hearing from you.

How Are Veterans Disability Benefits Originally Determined?

The first step to obtaining disability benefits through the Department of Veterans Affairs (VA) is to see if you qualify for benefits.

According to the VA website, to be eligible for benefits, you must meet the following requirements:

  • You must have served in the armed forces, which includes active-duty service, active-duty training, and inactive-duty training.
  • You were injured or got sick during your service, and that illness or injury is related to your service.
  • You can also qualify for disability benefits if you had a pre-existing injury or illness that was aggravated by your service in the military.
  • You can also qualify for disability benefits if your disability is related to your military service, but it did not appear until after you had finished your service.

Veterans and certain dependents can apply for benefits. Generally, you will need supporting documentation of your disability from a doctor, but there are a few cases when someone is presumed to have a disability, which makes the application process go more quickly.

These cases include:

  • A chronic illness that appears within one year of a veteran being initially discharged from service
  • An illness caused by long-term exposure to certain hazardous materials
  • An illness or injury caused by time spent as a prisoner of war

Once you file your initial application, the VA will take a look at the documents you provided and determine if you are eligible for benefits. In some cases, you will need to undergo an exam from a VA-selected doctor to make sure you qualify for benefits. If you are deemed eligible, the VA will assign you a disability rating. These ratings are in 10 percent increments and determine how much you will receive in benefits. Once you’ve been assigned a rating, you will begin to receive benefits for as long as the disability continues.

When May the VA Reduce My Disability Compensation?

In most cases, the VA will want to re-evaluate your case after a certain period of time to see if your condition has improved. The likelihood of the VA re-evaluating your case will depend on the nature of your injury or illness and how likely your condition is to improve. For example, veterans over the age of 55 are not likely to have a re-evaluation exam scheduled because their age means their condition is unlikely to improve. The same is true for veterans who have already been receiving benefits for several years.

If the VA determines that your illness or injury has gotten better after another examination, they may assign you a lower disability rating, which would lower your compensation. If they determine that you are no longer disabled, they can cut off your disability benefits entirely.

It’s important to know that if a veteran receives a 100 percent disability rating — in other words, if they are deemed to be completely and permanently disabled — they generally cannot have those benefits reduced or dropped unless a medical exam shows “material improvement” in their condition. If the veteran has been receiving disability benefits for 20 years or longer, these benefits cannot be reduced at all.

Is It Possible for a Veteran to Lose Disability Benefits?

There are a few ways that a veteran can lose their disability benefits. The first and most common way is if their medical condition improves to the point that they are no longer disabled.

The other ways by which someone can lose their VA disability benefits generally involve an element of deception or fraud. For example, accepting benefits for which you are not eligible could lead to you losing those benefits, in addition to gaining you criminal penalties.

Certain crimes against the federal government, such as treason or mutiny, can also result in the loss of VA benefits. If you are convicted of a crime and are sentenced to more than 60 days in jail, your benefits will either be reduced or dropped after your 60th day in jail until you are released.

Talk to an Experienced VA Benefits Lawyer in Jackson Now

If you’re a veteran applying for disability benefits, you should speak to a disability lawyer as soon as possible. This process can be complicated. You’ll want to make sure you have extensive documentation of your disabilities before filing your application. A disability attorney can help you gather the information you need and make sure that your injuries are fully substantiated.

A disability lawyer can also help your case in other ways. If you’ve been receiving benefits and the VA is seeking to have them lowered, an attorney can help show that your condition has not improved and that your benefits should continue at the existing rate. If your initial application for benefits is denied, a lawyer can help you file an appeal to make sure you get the money you need.

Don’t wait to speak to an experienced VA benefits attorney. Call the office of Derek L. Hall, PC today or visit our contact page for a free case review.

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How to Collect Social Security Spousal Benefits

If you have limited income, Social Security benefits can serve as a lifeline to help you pay your bills and everyday expenses. These benefits become even more critical if you become disabled or your spouse passes away. In that scenario, spousal benefits through Social Security could become your only source of income.

Unfortunately, obtaining Social Security spousal benefits is not easy – even for people who desperately need help. If you’re having trouble collecting Social Security spousal benefits, the attorneys at the law offices of Derek L. Hall, PC are ready to help. Our team has decades of experience with these cases. We always provide one-on-one attention to our clients throughout their case, and we return all phone calls, emails, and online questions within 24 hours.

Don’t let the Social Security bureaucracy prevent you from getting the benefits you need to get by. Call our Jackson, MS social security benefits attorneys or visit our contact page today to schedule your free initial consultation.

Who Is Eligible for Social Security Spousal Benefits?

There are two different kinds of Social Security spousal benefits. The first is standard spousal benefits, and the second is survivor’s benefits if your spouse passes away.

You are eligible to apply for spousal benefits if you meet the following three conditions:

  • Your spouse has already started collecting Social Security retirement benefits.
  • You have been married for at least one year.
  • You are at least 62 years old. If you are taking care of a child that is younger than 16 or disabled, the age limit is waived.

Depending on your age when you apply for benefits, Social Security spousal benefits pay between 32.5 percent and 50 percent of your spouse’s earnings. If you are also eligible for your own retirement benefits, you can collect these benefits or spousal benefits. The Social Security Administration (SSA) will pay whichever option is higher.

To collect Social Security survivor’s benefits, you must meet the following conditions:

  • You were married to your spouse for at least nine months before they died, unless their death was accidental or they died in the line of duty while serving in the military. In these cases, there is no minimum time period.
  • You must be at least 60 years old. If you have a disability, the minimum age is 50, and there is no minimum age if you are caring for a child that is younger than 16 or disabled.

The amount you can receive in survivor’s benefits will depend on how much your spouse was receiving before their death and the age at which you file for benefits. You can read more here to find out more about how much you could receive.

Steps to Get Social Security Spousal Benefits

Obtaining Social Security spousal benefits or survivor’s benefits can be a challenge, even if you know the steps involved. There’s a lot of information you’ll need to gather, and there’s no guarantee that you’ll get the benefits if you apply for them.

Here are the basics on how to apply for Social Security spousal benefits or survivor’s benefits:

  • Gather your documents — You’ll need your Social Security number, your spouse’s Social Security number, your tax forms, birth certificates, marriage or divorce certificates, and other vital information.
  • Fill out the application form — This can be done online or at your local Social Security office.
  • Wait to hear back from the SSA — They’ll review your information to determine if you’re eligible for benefits and how much you will receive if you’re eligible. Once the SSA has reached their decision, they’ll send you a letter outlining their reasoning. If you’re deemed eligible for benefits, the letter will explain how much you’ll receive, and you can start collecting benefits right away. If you’re deemed ineligible, the letter will explain why.

A denial of spousal or survivor’s benefits isn’t uncommon, but there is an appeals process if your initial application process is denied. A Social Security benefits attorney can help you with your appeal to help you get the benefits you deserve.

Why It Might Be Beneficial to Collect Spousal Benefits

If you’re already receiving Social Security benefits, or if you’re already living comfortably, you may be wondering why you should go through the trouble of applying for spousal or survivor’s benefits.

Here are a few reasons why you should consider applying for these benefits:

  • You may be entitled to more benefits than you’re getting. Depending on your work history and other factors, you could potentially receive more money from spousal benefits than you’re currently getting from your own retirement benefits. While the SSA won’t pay both your own retirement and spousal benefits, it will pay you whichever is higher.
  • Life is unpredictable. While you may be healthy and still working, an unexpected injury or illness could dramatically alter your lifestyle and income. Applying for spousal benefits ahead of time provides extra security in case anything goes wrong.
  • You’ve lost your spouse. While you don’t have to apply for survivor’s benefits once your spouse passes on, the money could be very helpful if you have limited financial resources or if you’re raising a child. Survivor’s benefits can be a lifeline if your finances are strained after the death of a spouse.

When Do You Need a Social Security Lawyer?

Because of the complex rules surrounding Social Security benefits, we strongly recommend that you speak to a lawyer before filing an application for spousal benefits. If you prefer to file the initial application yourself and your first attempt is denied, you should definitely speak to an attorney.

Our Mississippi Social Security lawyers understand the details of this system. We stand ready to help you fight for the benefits you deserve.

To schedule your free initial consultation with a Mississippi Social Security attorney at Derek L. Hall, PC, call us or visit our contact page now.

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5 Reasons to Hire a Product Liability Lawyer

If you were injured by a dangerous or defective product, you may be eligible for compensation. Product manufacturers and distributors have a legal responsibility to ensure that their products are reasonably safe and won’t cause injury or illness if used as intended. Hiring an experienced, skilled product liability attorney can help your case goes as smoothly and as efficiently as possible.

Contact the product liability legal team at Derek L. Hall, PC. today by calling us or reaching out online for your free consultation.

  1. The Value of an Experienced Negotiator

    You should never take a settlement from a company without first consulting an attorney. Corporations that made a defective or dangerous product may try to offer you a quick out-of-court settlement if you agree to drop your legal claim. While many product liability lawsuits do indeed end in settlements that are highly favorable for the injured, it’s essential that you have an experienced negotiator to advocate for you in the settlement process.

    Oftentimes, a company will automatically offer you a higher settlement if you are represented by a skilled, well-known product liability law firm. The company knows that going up against an attorney will require time and money, and they will be more incentivized to cut their losses and offer a good settlement early on.

  2. We Won’t Charge You Anything Until We Win Your Case

    We understand that many people don’t have the ability to pay upfront for access to high-quality legal representation. At Derek L. Hall, PC, we believe that everyone should have access to our legal services, regardless of their financial situation. Furthermore, we know that the injuries caused by dangerous and defective products can lead to enormous medical bills. Paying for legal representation before you have received compensation is impossible for many people.

    For these reasons, we work on a contingency-fee basis. This means that we won’t charge you any fees unless and until we win your case. At that point, we take a percentage of your overall settlement or verdict as our payment. You never pay us directly out of your pocket. In the case that we do not obtain a favorable verdict on your behalf, then you do not owe us any money. This means that you can retain our legal representation with zero financial risk.

  3. A Wealth of Legal Knowledge

    An effective product liability claim requires an extensive, nuanced understanding of product liability law. This means knowing the ins and outs of rules, regulations, statutes, and case law. A product liability firm with a true wealth of legal knowledge of the product liability practice area will be able to mount a creative, innovative, and effective strategy to pursue the compensation you deserve.

    When choosing a product liability attorney, make sure you select one who has spent significant time practicing in that area. In complex fields like product liability, there is no replacement for time spent practicing. Trial attorney Derek Hall has been practicing for 25 years and has a solid reputation in the legal community. His proven track record has gained him respect from colleagues and adversaries alike.

  4. Representation in Court

    While many product liability cases end in settlement and do not go to trial, there are many cases every year that require a trial. This usually occurs when a company is unwilling to fairly compensate an injured product user in a negotiated out-of-court settlement. For this reason, it is critical to hire a product liability attorney who is a skilled trial attorney.

    The facts that you must prove in a product liability case depend on the kind of legal strategy you and your attorney decide to employ. In general, however, you must prove that you suffered injuries from a product that was dangerous or defective. You’ll need to provide medical documentation and may need to have a doctor testify about your medical condition. You also may need witnesses, photographs, videos, or other evidence to prove that your injuries directly resulted from the product.

    Proving that the product was dangerous or defective can be complicated. The company that made the product may argue that you used it improperly or ignored warning signs. In order to effectively refute such arguments made by the product manufacturer, you need an attorney who has the skills and resources to fully investigate your accident, collect relevant evidence, and put it all together into a compelling legal argument.

  5. We Understand Time Limits

    In Mississippi, individuals injured by a dangerous or defective product have three years after the incident to file a lawsuit. If you file a lawsuit after three years have passed, it will almost certainly be dismissed and you will forever lose your opportunity to seek compensation. Your product liability attorney will ensure that your case is ready prior to that time limit to ensure you are eligible to file your lawsuit.

    In some product liability cases, it is clear when that three-year countdown clock begins. In others, especially those in which medicine or medication causes illness or injury, it can be more difficult to determine when the clock started ticking. In these situations, the time typically begins to run when you are first diagnosed with a medical condition or when you reasonably should have discovered it.

    If you don’t realize until much later that your condition is connected to a dangerous medication, you may still be able to file a product liability lawsuit, but you need to get started as soon as possible.

Contact a Product Liability Lawyer Today

At Derek L. Hall, PC, we understand the devastating consequences that a dangerous or defective product can have on an individual’s life. All consumers have a reasonable expectation that the products they are using or consuming are safe. When a company fails to ensure the safety of their products, they should be held accountable for the losses that result.

Call us today or fill out our easy online contact form for a free and confidential consultation.

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What Should I Do If My Child Was Injured in a School Bus Accident?

It’s the phone message no parent wants to hear: “There’s been a school bus accident.”

Your chest pounds and your mind races. Whether your child is preschool age or a teenager, as you dash out the door to the crash site, you fear the worst. You may try to remind yourself that school buses are the safest way to transport students. But what if your child is the unlucky statistical outlier who suffers an injury in a school bus crash?

When the dust settles and your child gets the medical treatment he or she needs, your thoughts may turn to holding the at-fault parties accountable for the incident. That’s when an experienced Jackson, MS school bus accident lawyer can help.

Contact Derek Hall P.C. as soon as possible for a free claim review and discussion about your legal options.

Types of School Bus Accidents

School bus accidents include more than just traffic collisions. They can take other forms as well. For instance:

  • Falls while getting on or off the bus
  • Trips and falls while onboard the bus, perhaps due to a dangerous condition like a defect in the flooring
  • A pedestrian or bicyclist struck by a school bus

The reason school buses are so safe compared with other forms of transportation is because they’re the most regulated. In addition, they’re designed with safety features other vehicles don’t have. For this reason, the greatest risk involving a school bus is not while riding the bus. It’s’ when approaching or leaving one.

Can I Sue the School if My Child Was Injured on the School Bus?

The answer may be yes, and it depends on the circumstances. A public school district is considered a government entity. This provides immunity or protection from lawsuits in many instances. In the event of an injury related to a school bus accident, how the crash itself happened will dictate whether you can file a claim against the school district.

In the event that another car or truck hit the bus and your child was injured, the other driver is may be considered at fault depending on what happened. If so, you can file a claim against the at-fault driver.

Statute of Limitations Is Shorter When a Claim Is Against a Government Entity

Most personal injury claims and lawsuits have to be filed within two years of the date of injury. When filing a claim against a government entity, such as a school, the process is different. First, you must file a notice of a claim with an official from the school, usually within 60-90 days. Once you have done that, then a formal personal injury claim can be filed.

There are only certain instances when a claim can become a lawsuit. This occurs if the school denies the claim, or if they fail to take any action within three to six months. The length of time varies from state to state, and even city by city. This is an important consideration.

Do I Need a Lawyer for My Child’s Personal Injury Claim?

A school bus accident involving your child can leave you in shock. The first priority is your child’s safety. Focus on obtaining the best medical care for your child. It’s wise to have your child see a doctor, even if there are no apparent injuries right after the incident.

Some injuries may not be visible immediately. Note any symptoms that may need further evaluation.

Make careful notes about all information provided to you by the school district, police department, or other sources. Keep copies of any documents you receive.

As soon as possible, contact a school bus accident attorney for guidance. An attorney can take immediate, high-priority steps to protect your child’s legal rights. This involves investigating the accident scene, evaluating liability and placing parties on notice of injury claims.

Going up against a public school district, government agencies and large insurance companies call for an attorney with relevant experience and solid skills in negotiation. It’s important to hire the right personal injury attorney.

Our Lawyers Are Ready to Help Your Family After a School Bus Accident

Derek L. Hall, PC, has been managing personal injury cases for more than 25 years, with outstanding results for our clients. We’re known for taking on the toughest cases and never backing down.

Accidents that cause serious injuries can make it extremely difficult for your child. In fact, it may have consequences for your whole family. You need an attorney who understands what you and your child are going through and the impact it’s having on your quality of life.

The locals know Derek L. Hall, PC will stand by your side whether the accident occurred in the Jackson area or elsewhere in Mississippi.

We have the resources and the passion to address your child’s immediate and long-term needs, with the goal of making them whole again for the rest of their life. Call now for your free consultation with experienced professionals who care.

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Do Warning Signs Protect Property Owners from Liability?

Premises liability injuries are some of the most common accidents that happen in the United States. Many of these accidents are the result of negligence on the part of property owners, managers, or occupiers.

However, property owners and others often try to shift liability for accidents by displaying warning or disclaimer signs on their land or in their buildings. These signs usually say something to the effect of “Not responsible for accidents or injuries” or “Enter at your own risk.”

Are those warning signs really effective? In most cases, they aren’t.

Just because a property owner puts up a warning sign doesn’t mean that they’re off the hook for any injuries sustained by people who are hurt on their land or in their building. If you’ve been injured due to a fall or some other incident on someone else’s property, it’s important to speak to a premises liability lawyer as soon as possible.

At the law offices of Derek L. Hall, our legal team can examine your case and determine who might be liable for your injuries. We can also gather the evidence needed to prove your claim and fight for the compensation you deserve.

Our law practice has more than 20 years of experience handling a wide range of legal claims like those involving falls and other types of premises liability. We’ve helped our clients recover millions of dollars in compensation.

For your free case review, call us or visit our contact page now.

Is a Warning Sign Required?

Warning signs are not always required on someone’s property, but they are required in certain situations. Cities, states, and the federal government sometimes require warning signs for certain kinds of properties, especially if there’s some kind of potentially dangerous activity happening on the property. For example, many cities and states require swimming pools to display signs that warn children and their parents about the potential dangers involved in using a public pool.

Warning signs are also required in areas where there are potential hazards that could harm visitors or guests to a property. This goes back to the duty of care that property owners and managers have to tenants, guests, and others who visit or use their land. For instance, if a staircase breaks in someone’s store, the store owner has a legal obligation to repair the staircase and to warn visitors of the possible danger from using the stairs while the repairs are underway.

If there is a need for a warning sign and a property owner or manager does not put one up, then they may be liable for any injuries sustained by people injured on the property.

Does a Warning Sign Prevent a Victim from Seeking Compensation?

A warning sign could play some role in determining liability for an accident on a property, but it’s not an automatic guarantee that the property owner is not liable. Whether or not there was a warning sign about any hazards on the property is only one factor in determining liability for premises liability claims.

These claims are based on the legal doctrine of negligence, which states that property owners and managers must exercise reasonable care to protect the safety of those who visit their property. There are four components that a plaintiff (the person or entity filing a lawsuit) must prove when filing a claim against a property owner. Those components are:

  • The defendant (the person or entity the lawsuit is filed against) either owned or controlled the property on which the plaintiff’s injuries occurred.
  • A hazardous condition existed on the property, such as broken stairs, for example.
  • The plaintiff sustained some kind of injury or loss on the premises.
  • The hazardous condition on the premises led to the plaintiff’s injuries, plus the plaintiff must provide proof of their injuries and how they’re related to the hazardous condition on the property.

Determining fault in a premises liability claim doesn’t begin and end with warning signs. If a plaintiff can show that a property owner did not meet the standard of care required of them by the law, they can be held liable for compensation – regardless of whether there were any warning signs on the property.

When Can Warning Signs Be Ineffective?

Warning signs must meet certain standards if they’re to be considered effective, and by extension, count as grounds to shift liability away from a property owner. In some cases, these standards are explicitly laid out by state and local laws.

There are a few general guidelines that warning signs must meet in order to be considered effective:

  • The text on the sign must be large enough for people to read at a distance.
  • The sign must be placed in a spot where it’s clearly visible.
  • People must be able to see the sign before they encounter the hazard on the property.
  • The text of the sign must be in a language that the majority of the people who see it can understand.

If a warning sign does not meet these guidelines — for example, if the sign is in English in an area where most people speak Spanish or if the sign is obscured by a tree — then it likely won’t be considered to be effective. If a sign is not effective, it will likely not shield the property owner from liability for injuries sustained on the property.

Contact a Premises Liability Lawyer at Derek L. Hall, PC

If you’ve been hurt due to a property owner’s negligence, you need to speak to a premises liability lawyer right away. Mississippi law states that you only have three years from the date of your injury to file a claim for damages in personal injury cases. It takes a while to gather all the evidence you’ll need to prove your claim. If you take too long to file your claim, then you’ll miss out on any opportunity to collect compensation for your injuries.

Contact an experienced premises liability attorney before it’s too late. To get started today, call Derek L. Hall, PC or visit our contact page to schedule your free initial consultation.

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Why You Should Take Photos After a Car Accident

If you’re involved in a car accident in Mississippi, one of the most important things you can do is to take pictures of the vehicles involved, the crash scene, and any injuries you’ve suffered right away. These photos can serve as vital pieces of evidence if you need to file a personal injury claim against the at-fault driver.

Mississippi law allows car accident victims to pursue compensation from the parties responsible for causing the crash. This means that you will have to prove the other driver’s actions caused your accident to recover the full and fair amount of compensation that you need to pay your medical bills, repair your vehicle, recoup lost wages, account for your pain and suffering, and move on with your life.

In some instances, the other party will accept responsibility for the crash, but this is, unfortunately, not always the case. In many cases, they will deny fault or even try to shift all of the blame onto you. When this happens, you’ll need proof of what happened. Some of the strongest evidence that can support your story can come in the form of photos or videos of the crash scene.

If you’ve been injured in a crash, the Mississippi car accident attorneys at Derek L. Hall, PC, can help use photos and other available evidence to build a strong claim on your behalf. Our law firm offers personalized attention for all of our clients, 24/7 access to case updates online, and the benefits of more than 25 years in practice.

For your free initial consultation, call us now or visit our contact page.

Pictures Are an Important Type of Evidence

Proving that the other driver was responsible for the crash is crucial to recover the fair compensation you need and deserve. There are many types of evidence that can be used to support a car accident claim, but pictures are especially important.

While police reports, medical records, and other documents are important pieces of evidence for your injury claim, photos can show what happened in a more powerful, visceral manner. Our experience with injury claims has shown us that it’s different to read about an accident than it is to see photos of the crash’s impact first-hand.

Important details about the traffic collision may fade from your memory over time. Taking pictures of the accident can help keep those details fresh as you proceed through the car accident injury claim process.

What Should I Take Pictures Of After a Car Accident?

The more pictures you take after an auto accident, the better, especially because most modern cellphones can easily store hundreds of pictures.

There are several important things you should make sure to get pictures of, including:

  • The damage to your car
  • The damage to any other vehicles involved in the accident
  • The position of the vehicles after the collision
  • Skid marks, debris, and other evidence of the wreck
  • Any injuries you sustained in the crash
  • Any passengers who were in your vehicle at the time of the crash, as well as their injuries (if applicable)
  • Any traffic lights or posted traffic signs near the site of the crash
  • Any businesses in the surrounding area (they may have surveillance cameras that can help support your claim)
  • Any witnesses who might have seen the crash (get their contact information as well)
  • Any adverse weather conditions
  • Any road hazards that might have contributed to the crash

Take more pictures than you think you need, and make sure the time and date settings are correct if you’re using a camera other than the one on your phone.

Should I Take Photos of the Other Drivers’ Information?

Two of the most important bits of information to collect after a car accident are the contact information and insurance information of any other drivers who might have been involved. While you could write all of this information down, you might not have a pen or pencil handy after a crash, or you may not have anything to write on.

To avoid this potential issue, use your phone to get the information you need. Take pictures of the other party’s insurance card, driver’s license, vehicle registration, and license plate. This way, you have a clear and easily sharable record of all the information you need.

What If I Am Unable to Take Photos After My Car Accident?

In the case of severe car accidents, you might need emergency medical treatment and may be unable to take pictures of the car accident yourself. If this situation arises, try to get someone else on the scene to take pictures for you. You can also try to get eyewitnesses to take pictures and send them to you as soon as possible after the crash.

While it’s best to take photos of the scene of a car crash as soon as possible, sometimes circumstances make it so that can’t happen immediately. If this is the case, return to the scene as soon as you can to take pictures of nearby traffic signs, any skid marks left after the crash, and whatever else you can document.

A Jackson Car Accident Lawyer Can Help You

Pursuing the compensation that you need after a serious car accident can be challenging. One way to make it easier on yourself is to hire the dedicated legal team at Derek L. Hall, PC, to assemble and analyze the necessary evidence to prove your claim.

While we’re investigating your claim, we’ll also be talking to the other drivers involved in the accident and their insurers. We’ll make sure that the insurance companies get the documentation they need to approve your claim, along with handling all of the other legal legwork required to get you the money you need to pay your bills and put this accident behind you.

Our team has a proven track record of getting our clients what they deserve, as you can see from some of our recent case results. Get your free case review today by calling us or visiting our contact page.

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5 Reasons to Hire a Lawyer After a Car Accident

In the aftermath of a car accident that wasn’t your fault, it may be tempting to allow the insurance providers to handle everything. After all, if you weren’t the cause of a wreck, everything should work out in your favor, right?

While this may seem like a reasonable assumption, car accident cases can get complicated quickly. Expensive recovery bills and conflicting points of view may turn the settlement process into a nightmare. Insurance companies are seldom known for their charity.

Here are five reasons you’re better off hiring a car accident lawyer.

  1. Experience Handling Car Crash Cases

    If you decide to represent yourself in a car accident claim, how will you know if a settlement you’re offered is fair? Insurance companies don’t expect you to be an expert, so they have no incentive to explore every opportunity to give you more money. A seasoned car accident lawyer managing your case adds strength to your claim because insurance providers know they are dealing with a professional.

    Unlike most people, car crash attorneys handle accident claims every day. They know what causes them, what their short-term and long-term effects are, and importantly, how much accident claims are worth. Knowing which outcomes are eligible for damages, and how to value those damages, is crucial when seeking compensation. With an auto accident attorney on your side, you can rest assured that no stone will go unturned in the pursuit of the compensation you need to be made whole.

  2. Knowledge of Applicable Laws

    As a victim, you’re probably more concerned with how to heal and move on from the accident than the legal process. However, without a thorough understanding of the law, you may be unaware of all the options you have to pursue a claim. Laws are written to govern everyone under all circumstances, so they are often very detailed and difficult to interpret.

    A skilled and experienced litigator will have a thorough understanding of the law and how to apply them to your case. Your attorney will be able to investigate your accident and identify negligence on the part of the other driver. This is crucial in proving liability, or fault, before an insurance provider or court of law. It’s also important to know and observe the statute of limitations, or time limit to bring a claim in your state. Filing outside of this timeframe will likely lead to your case being dismissed.

    Additionally, laws change. What might have been true when your friend wrecked her car last year might not be true today. A lawyer bases their advice on the most up-to-date version of the law.

  3. Help Prove Liability and Discover All Sources of Coverage

    The state of Mississippi follows a pure comparative negligence system for determining recovery outcomes. This means that if your accident claim ends up in court, the amount of compensation you receive could be reduced if you’re found to be partially at fault.

    To make sure you have the strongest possible claim, a car accident lawyer will conduct investigations and gather evidence to support your case. This may include:

    • Tracking down and interviewing witnesses of the accident
    • Consulting expert witnesses for accident reconstruction or medical evaluations
    • Requesting accident reports from local law enforcement
    • Gathering photos or video footage of the wreck
    • Researching road and weather conditions surrounding the accident
    • Evaluating vehicles to locate any possible defects
    • Issuing spoilation letters to preserve short-lived evidence
  4. Dealing with Insurance Companies

    Your lawyer will handle all communications with an insurance provider on your behalf. This can include speaking for you over the phone or helping you create a written statement to ensure your words are recorded exactly. Clients whose lawyers speak or write for them are less likely to accidentally hurt their own claims or have their words twisted and taken out of context later on. A level playing field means that you have the best shot to recover quickly and get back to living your life.

    Like all businesses, insurance companies exist to turn a profit. Their job is easier when they get to decide how much to pay for your claim. However, when you involve an injury attorney, an insurer’s job stops being easy. If an insurance provider tries to put their own interests ahead of your needs by undervaluing your claim, a dedicated lawyer will be prepared to file a lawsuit and fight in court for what is rightfully yours.

  5. Negotiating a Settlement

    One of the most important aspects of a car accident case is the resulting settlement, and the most crucial aspect of a settlement is how it is valued. When you understand exactly how much your claim is worth, you’re better equipped to handle the long and expensive process of recovery.

    Hiring a car accident lawyer can help you seek damages for things like:

    • Any bills you incurred from medical treatment
    • Any medical bills you may expect to have in the future as a result of the accident, including those for therapy or rehabilitation costs
    • Any wages you lose as a result of being unable to work
    • Any potential future income you’re prevented from earning as a result of the accident
    • Any current or future consequences of the wreck and your resulting injuries, such as pain and suffering or PTSD
    • Vehicle or other property damage

Contact a Car Accident Attorney Today

Perhaps the most compelling reason to hire a car accident lawyer is simply peace of mind. While seeking legal representation may not erase all your troubles, it can provide comfort in the knowledge that someone will look out for your best interests. That’s something only your lawyer will do – not the insurance company, not the police, and not the courts.

The attorneys of Derek L. Hall, PC are committed to fighting for the rights of Jackson car accident victims for more than 25 years. We provide our clients with unbiased and practical legal advice, and we’re quick to respond to any questions, emails, or phone calls.

Contact us today online or by phone to find out more about how we can help you.

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5 Reasons to Hire a Truck Accident Lawyer

If you’ve been injured in a crash with a semi-truck and are looking for a truck accident attorney to represent you, you should contact a firm that understands the unique aspects of truck accident claims.

There are special regulations that govern truckers and the trucking industry. Truck crashes are often more serious than ordinary car accidents.

The law firm of Derek L. Hall, P.C., is here to stand up for your rights after a truck accident. You can set up your free initial consultation by calling us or reaching out online.

Here are the top five reasons to hire a truck accident lawyer to handle your claim.

  1. The trucking industry has special rules and regulations.

    Federal regulatory agencies and state agencies both have specific rules governing trucking companies and truck driver behavior. These rules cover all manner of subjects, from how long drivers can go between breaks to who can be held liable in the event of an accident.

    Knowing these rules and laws is essential if you want to put together the strongest claim possible against the truck driver, their employer, and anyone else who might be liable for damages. Not all accident attorneys are familiar with these complex regulations, however. But the truck accident attorneys at the law firm of Derek L. Hall, P.C., are well-versed in all the relevant statutes surrounding truck accident claims, which means we’re best positioned to handle your claim.

  2. Multiple parties could be held liable.

    The most obvious parties who could be held liable for damages in a truck accident claim are the driver and the trucking company they work for, right? However, depending on the circumstances of your accident, there may be additional parties who are liable for your injuries. To make sure everyone who may be liable for your injuries is held accountable, you want a knowledgeable truck accident attorney who will thoroughly investigate your claim.

    In addition to the driver and the trucking company, other potentially liable parties may include the owner of the truck and trailer, the owner of the cargo, the shipping company, the truck maintenance company, an equipment manufacturer, among others.

  3. The insurance company might not offer you enough compensation.

    It’s important to remember that in a truck accident claim, the insurance company isn’t looking out for your best interest. They want to protect their bottom line and minimize any potential liability for the driver or the company they work for. To that end, they will likely do whatever they can to try and deflect liability to avoid paying you for the full extent of your losses.

    A truck accident attorney is essential if you want pursue the best settlement possible. An attorney can help demonstrate the full extent of your injuries and the resulting damages. This includes both economic damages (lost wages, medical bills, etc.) and non-economic damages (pain and suffering, mental anguish, etc.).

  4. You need the appropriate legal strategy.

    Just as car accidents are different from truck accidents, not all truck accidents are the same. There’s no one magic formula for proving a successful truck accident claim. It requires patience, the right legal skill set, and specialized knowledge.

    You want an attorney who will craft the right strategy for your specific claim, not one who will plug your case into a predetermined blueprint. That means hiring a truck accident lawyer who understands the nuances of these cases and is ready to put in the work to build the strongest possible claim on your behalf.

  5. An attorney can handle complex negotiations.

    Truck accident claims are a time-consuming, rigorous legal process. There are many legal issues to deal with, paperwork to be done, and lots of lawyers and insurance agents to talk to. If you’ve recently been involved in a truck accident, you’re likely not in any condition to handle these complex proceedings. You need to focus on healing and getting back to normal, as best you can.

    As you’re recovering, your truck accident attorney can handle all the necessary legal communication, gathering evidence, performing legal research, and negotiating a possible settlement, while preparing your case for trial (should that become necessary). They’ll keep you informed while you recuperate, and they can answer any questions you might have along the way.

Contact a Truck Accident Attorney for a Free Consultation

If you’ve been injured in a truck accident that wasn’t your fault, hiring an attorney should be one of your top priorities. The sooner you hire a truck accident lawyer, the sooner they can get to work on your case, and the sooner you could get the compensation you’re due.

We have more than 25 years of experience at the law firm of Derek L. Hall, P.C., and we have a proven record of success in truck accident claims. We’re well-known throughout Mississippi for our straightforward approach and aggressive representation of our clients. We’re here to fight for your legal rights and help you get back on your feet.

To set up your free initial consultation, call us or visit our contact page.

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