Tag: Derek Hall

Filing a personal injury claim is something to be taken seriously yet many people can be put off due to common misconceptions. Usually, these misconceptions are not even close to the truth, which means you could be missing out on a claim because of myths you have read on the internet.

If you want to know more about a personal injury case, the best action to take is to speak to a personal injury attorney. Being hurt in an accident that was not your fault is enough to deal with, so allow the legalities to be taken care of by a professional.

Below we look at five common misconceptions about personal injury cases.

A Personal Injury Lawyer is Expensive

Many people are instantly put off from hiring a personal injury lawyer or speaking to them about their case because of the fees included. When speaking to a trusted and professional attorney, there will be no hidden fees. In fact, our law firm offers a completely free case review.

This means you can get legal help and advice surrounding your case, without spending a dollar. One of our lawyers can discuss the case with you, before deciding whether or not you would be able to make a claim. They can also give you a better idea of the process, any costs involved, and what kind of compensation you may be entitled to.

Although hiring a lawyer isn’t free, when you compare the costs to the compensation you could get from your claim, hiring a personal injury lawyer is worth it.

Personal Injury Claims Can Take Years

It is rare for a personal injury claim to take years to come to a settlement. The only settlements that can take a while to come to a conclusion are those that cause serious, life-threatening injuries, or wrongful deaths. This is more so due to the fact that many professionals need to be involved, and it can take longer to prove cases such as wrongful death.

That being said, the length of a personal injury claim should never stop you from pursuing a case, as a wrongful death attorney would take care of most of the work for you, giving you time to grieve and come to terms with your loss.

In the majority of cases, personal injury claims can be settled without going to court. This allows a case to be settled without time-consuming trials. Remember that defendants and insurance companies want to resolve a dispute just as quickly as you do, so it is very unlikely that your personal injury claim will take years to decide.

Our lawyers will do everything in their power to conclude your personal injury case quickly, so you can move forward with your life.

Compensation is Always Guaranteed

Unfortunately, compensation is never a guarantee, so you should stay clear of any law firm promising that the case will be completed within a certain time frame, or that you are guaranteed a set amount of compensation. Cases develop and as your attorney continues to search for ways to improve the compensation amount, defendant attorneys will be searching for ways to decrease the amount of compensation paid.

This is why you need a great personal injury attorney on your side, to improve your chances of a generous payout. When you first speak to a lawyer, they will let you know whether or not you have a chance of compensation, so you are more aware of your chances before you pursue a case. The more evidence an attorney has in your favor, the better your chances of compensation.

I Don’t Need a Lawyer, I Have Insurance

A lawyer is not the same as an insurance company. If you let your insurance company deal with a personal injury claim, they will attempt to settle for the lowest amount possible, as quickly as possible. Insurance companies aren’t trained in law to the same extent as personal injury attorneys, meaning they lack the experience and skill to seek compensation based on all your losses.

Hiring a lawyer is a much better option, as they have experience with insurance companies and the tactics they use for a quick, easy settlement. A personal injury lawyer will evaluate your claim independently, taking into account losses such as:

• Medical bills
• Prescription costs
• Loss of earnings due to time off work
• Personal damages, such as damages to a car if you were injured in a car accident
• Pain and suffering caused by the injury, such as how it has affected your life
• Equipment bought or rented, such as wheelchairs or crutches
• Emotional trauma caused by the accident

When dealing with an insurance company on your own, it can be difficult to know how to negotiate for the compensation that is rightly yours. Without extensive knowledge of insurance practices and the law, you are likely to settle for a low offer. Dealing with the aftermath of a personal injury case is difficult enough without having to deal with your insurance company too.

You Can Take Your Time Before Speaking to an Attorney

This is a common misconception that could result in your personal injury case being declined by an attorney. When making a personal injury claim, time is of the essence. The longer you take to speak to a lawyer, the lower the chance of success. When forming a case for your personal injury claim, a lawyer needs to prove injuries by finding witnesses, gathering evidence, and locating defendants.

If too much time has passed since the injury, it will become harder for a lawyer to do this. Depending on the state in which you reside, there may be a time limit for how long you can wait before pursuing a personal injury claim.

As you can see, many misconceptions about personal injury cases simply aren’t true. For example, personal injury cases aren’t likely to take years to resolve, and you should not delay in seeking legal help if you have been involved in an accident that has caused injury to yourself.

To debunk any common misconceptions about personal injury cases, speak to one of the personal injury attorneys at Derek L. Hall, PC, today.

Alternatively, visit our Ridgeland office on 370 Towne Center Blvrd MS 39157. Or call now for a free consultation on (601) 981 4717.

The post 5 Common Misconceptions About Personal Injury Cases appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/5-common-misconceptions-about-personal-injury-cases/
via https://www.dlhattorneys.com/

Personal injury cases are the most common lawsuits, with as many as 500,000 cases filed each year in the US. The vast majority don’t go to court, with insurers and defendants choosing to settle out of court to keep costs lower. Sadly, there are many reasons why you may end up injured and in this article, we discuss the top causes of personal injury claims.

Car Accidents

Car accidents are the leading cause of personal injury claims in almost every country in the world. In the United States alone, almost 2.5 million people are injured in car accidents every year. Car accidents can cause all kinds of injuries, from minor cuts and bruises to more severe injuries such as spinal cord damage or traumatic brain injury. The consequences of car accidents go beyond physical injury and can also cause emotional and financial damage to the victims and their families.

Slip and Fall Accidents

Slip and fall accidents are common in the workplace, on public property, or in private premises such as homes or shopping malls. A slip and fall can occur due to a wet floor, loose carpet, or any hazardous surface. Slip and fall accidents can result in minor injuries like sprains to more serious ones, like brain damage. These injuries can hinder mobility and significantly impact the quality of life of the victim.

Medical Malpractice

Medical malpractice claims arise when a medical professional harms a patient by providing substandard medical care. Injuries sustained due to medical malpractice can happen while undergoing surgery, during childbirth, or while undergoing treatment. Common injuries include permanent disability, amputation, and death. Medical malpractice claims often involve litigation and require a significant amount of time and investment in legal proceedings.

Product Liability

Sometimes, a product can cause harm or injury due to a defective design, manufacturing error, or neglect in labeling instructions or warnings. Product liability claims can arise from defective products such as motor vehicles, appliances, and even toys. Product liability can lead to severe injuries such as burns, head injuries, and even death.

Workplace Accidents

Workplace accidents can occur in any industry and can cause injuries ranging from minor cuts and bruises to serious injuries such as spinal cord damage, amputations, and traumatic brain injury. Employers have a responsibility to ensure their workplaces are safe and free from hazards. When an employer fails to protect employees from dangerous conditions, they can be held liable for the harm caused.

Dog Bites

Dogs are much-loved pets, but dog bites can happen to anyone, at any time, and can cause serious injuries such as lacerations, infections, and even fractures. Some people even suffer from psychological trauma following the incident.

While prevention is always the best cure, it is essential to know your options and seek legal advice in cases where you have been injured or harmed by the actions of another. By holding others accountable, lawyers can ensure that victims receive the compensation they deserve, which will greatly reduce the burden of the physical, emotional, and financial consequences that the injuries may cause.

If you need help with a personal injury case, visit our Ridgeland office at 370 Towne Center Blvrd MS 39157.

Or call Derek L. Hall, PC now for a free consultation on (601) 981 4717.

The post Top Causes of Personal Injury: Know the Risks appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/top-causes-of-personal-injury-know-the-risks/
via https://www.dlhattorneys.com/

A slip and fall accident can happen anywhere, and at any time. Whether it’s at a grocery store, somebody’s house, or even when walking along the sidewalk, a slip and fall accident can result in serious injuries. If you or a loved one has been involved in a slip and fall accident, it’s crucial to understand liability and how it may apply to your case. Keep reading as we discuss what slip and fall accidents are, who may be held liable for them, and what you should do if you have been injured in a slip and fall accident.

What are Slip and Fall Accidents?

Slip and fall accidents occur when somebody slips or trips on a surface and falls, resulting in an injury. The most common causes of slip and fall accidents include slippery or wet surfaces, uneven flooring, dim lighting, and cluttered walkways. Slip and fall accidents can result in a range of injuries from minor cuts and bruises to broken bones and serious head injuries.

Who is Liable for Slip and Fall Accidents?

Determining liability for a slip and fall accident can be complex, as it depends on a variety of factors. In general, the property owner or occupier may be held liable for a slip and fall incident if they did not ensure that the property was safe for visitors. This may include failing to clean up spills or hazards, neglecting to repair or replace broken flooring, or failing to warn visitors of potential hazards.

It’s also important to note that liability may not always be clear-cut in a slip and fall case. For example, if somebody is engaging in risky behavior, such as running in a store, or was in an area that was clearly marked as off-limits, the property owner may not be held liable.

Proving Liability in Slip and Fall Cases

If you have been involved in a slip and fall accident, it’s crucial to gather evidence to support your claim of liability. This may include taking photos of the hazardous conditions that led to your fall, obtaining witness statements from anyone who saw the accident, and seeking medical attention as soon as possible.

It is also important to notify the property owner or occupier about the accident as soon as possible. If an incident report is available, fill this out at your earliest convenience. This will help establish a record of the accident and ensure that the property owner is aware of the situation.

Negligence and Contributory Negligence

In slip and fall cases, the concept of negligence often comes into play. Negligence refers to the failure on the part of the property owner or occupier to prevent harm to others. In slip and fall cases, negligence may include failing to maintain a safe environment or failing to warn visitors of potential hazards.

In some cases, contributory negligence may also be a factor. Contributory negligence refers to the behavior of the injured party that contributed to the accident. For example, if the injured party was not wearing the correct footwear for a certain environment, this may be considered contributory negligence.

Comparative Negligence

In some states, including Mississippi, comparative negligence is used to determine liability in slip and fall cases. Comparative negligence takes into account the actions of both the injured party and the property owner or occupier when determining liability. For example, if the injured party was found to be 20% responsible for the accident, they may only be able to recover 80% of the damages.

What to Do If You’ve Been Injured in a Slip and Fall Accident

If you have been injured in a slip and fall accident, there are several steps that you should take to protect your rights and make sure that you are able to get the compensation you are entitled to. These are as follows:

• Seek medication attention as soon as possible: Even if your injuries seem minor, it’s essential to be checked out by a health professional as early as possible. Some injuries, like head injuries, may not always show immediate symptoms.
• Notify the property owner or occupier: This should be done as soon as possible to ensure that they are aware of the situation and can take steps to prevent future accidents.
• Gather evidence to support your liability claim: This might include taking photos of the hazardous conditions that led to the accident, obtaining witness statements from anybody who saw it happen, and filling out an incident report if one is available. It’s also crucial to preserve any evidence that you have. This could include preserving physical evidence such as the shoes or clothes you were wearing at the time of the accident. It’s also essential to preserve digital evidence like text messages or social media posts that are relevant to the case.
• Track your expenses: Along with medical expenses, slip and fall accidents can result in other expenses, like transportation costs or lost wages. It’s crucial to track all these expenses and keep detailed records, as you may be able to get them reimbursed.
• Be cautious about speaking with insurance adjusters: Insurance adjusters may seem to want to help you, but ultimately their aim is to save the insurance company money. Because of this, they may try to get you to settle for less than you deserve, or even try to deny your claim altogether. It’s important to consult with an attorney before you speak to any insurance adjusters.

Consult with a Personal Injury Attorney

An experienced attorney will be able to help you navigate the legal process and ensure that your rights are protected. At DLH Attorneys, we can help you negotiate a fair settlement with the insurance company or file a lawsuit if necessary.

We understand how a slip and fall accident may impact your life, especially if you sustained a serious injury. Our main goal is to help our clients get the justice and compensation that they deserve, to help you get your life back on track after a traumatic experience such as a slip and fall.

Visit our Ridgeland office on 370 Towne Center Blvrd MS 39157. Or call now for a free consultation on (601) 981 4717.

The post Slip and Fall Accidents: Understanding Liability appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/slip-and-fall-accidents-understanding-liability/
via https://www.dlhattorneys.com/

To seek compensation for a motorcycle accident, you must be able to prove that the other party was negligent in some way. You or your attorney must also be able to show how exactly the other party was at fault. As motorcycle accidents can be very serious, you must get the right legal help and support as soon as you can after the accident. This can make it easier for attorneys to build a case and establish negligence.

What is Classed as Negligence in a Motorcycle Accident?

Negligence is defined as a failure to act with the correct level of care that someone should or normally would offer under the given circumstances. In terms of negligence during a motorcycle accident, this could be:

• failure to yield (move over on the road to give the motorcyclist enough space)
• speeding, even if only by 1 or 2 km/h
• running a red light
• following another vehicle too closely
• driving fast in poor weather conditions, such as snow or heavy rain
• driving while distracted, including eating, smoking, or using a cellphone
• driving under the influence of drugs or alcohol
• failure to look properly before making a left-hand turn

Negligence does not need to be with mal intent. That being said, the person at fault is still negligent and how they acted caused an accident that harmed another person.

What If I Wasn’t Wearing a Helmet?

Even if you were not wearing a helmet in an accident, you may still have a case. Although wearing a helmet is the law in many states, including Mississippi, this does not mean you are unable to claim at all. Being partially negligent does not mean you have no case, but it is best to seek professional legal advice on the matter.

Determining the Cause of a Motorcycle Accident

There are many causes of motorcycle accidents, such as speeding, other drivers not sharing the road, driving under the influence, and unsafe lane changes. It may be that the police have already determined the cause of the motorcycle accident, and any evidence gathered by the police can be used in your negligence case.

It is also important that you write down your witness statement as soon as possible after the accident. CCTV can also be used to determine the cause of a motorcycle accident and prove who was negligent.

Proof of Negligence

To prove negligence in a motorcycle accident, you must have something to show how the driver’s negligence had an impact on your life. This can be in the form of property damage, doctors’ bills, or the cost of prescription medications. In the case of a serious injury such as a traumatic brain injury, you can also prove negligence through lost wages and physical therapy.

Motorcycle accidents can cause physical and emotional damage that nobody should have to go through alone. Speaking to one of our motorcycle accident attorneys allows us to gather the evidence needed to prove negligence while you focus on your recovery.

Visit our Ridgeland office at 370 Towne CenterBlvrd MS 39157. Or call now for a free consultation on (601) 981 4717.

The post How is Negligence Proved in a Motorcycle Accident? appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/how-is-negligence-proved-in-a-motorcycle-accident/
via https://www.dlhattorneys.com/

Losing a loved one is always an incredibly difficult experience, and it can be even more compounded when that loss is due to the negligence or intentional actions of another person. Pursuing a wrongful death lawsuit in Mississippi is one way that you can seek justice and hold those responsible accountable for their actions. If you are considering pursuing a wrongful death lawsuit in Mississippi, here are some steps to consider.

Determine If You Have a Case

Before you pursue a wrongful death lawsuit, it’s crucial to determine whether you have a case. In Mississippi, a wrongful death occurs if somebody’s passing is caused by the wrongful act or neglect of another person. To have a case, it’s important that you can prove that the defendant’s actions directly caused the death of your loved one.

It’s also important to note that Mississippi has a statute of limitations on wrongful death lawsuits. You must file the lawsuit within three years from the date of the death.

Hire an Experienced Attorney

If you believe that you have a wrongful death case, the next step is to hire an experienced attorney who specializes in this kind of lawsuit. At DHL Attorneys in Mississippi, we are experienced in handling cases like yours, with a track record of success.

We can help you gather important evidence such as medical records and witness statements to build and support your case. We’ll also negotiate on your behalf with the defendant’s insurance company and represent you in court if necessary.

Determine Who Can File the Lawsuit

In Mississippi, only certain family members are permitted to file a wrongful death lawsuit. These are:

• The surviving spouse or children of the deceased
• The surviving parents or siblings of the deceased if there is no surviving spouse or children
• The personal representative of the deceased’s estate

The court will appoint a personal representative to file the lawsuit if the surviving family members cannot reach an agreement regarding who should file.

Calculate Damages

In a wrongful death lawsuit, damages can include both economic and non-economic damages. Economic damages include things like lost income and medical expenses, while non-economic damages include things like loss of companionship and pain and suffering. At DHL Attorneys in Jackson and Tupelo, Mississippi, we can help you calculate damages and determine an appropriate amount of compensation to seek for them.

Gather Evidence

You will need to gather as much evidence as possible to support your claims and build a strong case. Evidence can include a range of things like medical records, witness statements, and expert testimonies.

Negotiate

In some cases, you may be offered a settlement figure by the defendant’s insurance company before the case goes to court. If your attorney can successfully negotiate a figure that you are satisfied with, the case ends here. Otherwise, your case may go to court if a settlement cannot be reached.

Dealing with the death of a loved one is never easy, and it can be even harder if they died wrongfully. If you’re in this situation, our experienced, compassionate attorneys in Jackson and Tupelo are here to help.

Visit our Ridgeland office on 370 Towne CenterBlvrd MS 39157.

Call now for a free consulation on (601) 981 4717.

The post How to Pursue a Wrongful Death Lawsuit in Mississippi appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/how-to-pursue-a-wrongful-death-lawsuit-in-mississippi/
via https://www.dlhattorneys.com/

According to the State Highway Safety Report, in the year 2020 alone there were over 600 fatalities on Mississippi roads. The mental health cost of serious Mississippi auto accidents is severe and complex for both victims’ families and the victims themselves. Yet, with a vivid decline in driving standards and more drivers on the road than ever, accidents are a major problem and mental health is still being affected as a direct consequence.

Mental Health Decline is Typical After a Serious Incident

Mental health decline can take many shapes and faces. Everyone will respond differently regardless of who is at fault. There is no right or wrong answer as to how the mind is affected but there are some clear links between accidents (in any format) and mental health conditions.

PTSD

PTSD can affect anyone after an accident whether you are a pedestrian involved in a hit-and-run, or a motorist dealing with the aftermath of a vehicle-on-vehicle collision. It is typical after a significant, traumatic event and can manifest in many ways. Watch for the most common symptoms:

• Flashbacks to the incident
• Physical and mental distress or anxiety around triggers
• Insomnia
• Loss of appetite

Anxiety Around Driving

Getting back behind the wheel often feels like an insurmountable obstacle for some victims, and this is really valid. This type of anxiety (situational) often requires extensive therapy channels to overcome and heal.

Depression

Depression can appear at any time, even months after the accident. It is debilitating in some cases and has a range of causes. For instance, if a severe injury occurred that impedes your ability to work your mental health may take a dive into depression.

The Consequences of Reckless Driving in Mississippi: Are They Enough?

When it comes to navigating life post-accident, our team is at hand to assist in a professional capacity. We will advocate for you in the best possible way, and this support is worth its weight in gold at such a vulnerable time. Will any consequence ever feel like sufficient vindication when a fatality or grave injury is involved? Well, the narrative changes from person to person and the answer is dictated by circumstances. The current legislation in Mississippi state allows for a broader scope of consequences for dangerous drivers.  It is assumed where someone gets hurt, there is a guilty party at play who was engaging in unacceptable, precarious driving practices.

Thinking About Legal Support

With so many mental health triggers on the table, it is normal to consider compensation routes. For the best possible outcome, an expert voice will be needed. For Mississippi auto accident victims, DLH Attorneys are based in Tupelo and Jackson, Mississippi state.

With DLH Attorneys, you can find peace in knowing that your needs will be advocated for in a medical sense during the recovery process. A professional voice to guide you through the compensation process is always welcome and will guarantee the best possible outcome as well.

All you have to do is get in touch.

Visit our Ridgeland office on 370 Towne Center Blvrd MS 39157.

Or call now for a free consulation on (601) 981 4717.

The post The Mental Health Cost of Serious Mississippi Auto Accidents appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/the-mental-health-cost-of-serious-mississippi-auto-accidents/
via https://www.dlhattorneys.com/

Not all injuries suffered in car accidents are immediately apparent. The aftermath of a collision can be traumatic and overwhelming. While you may be able to see and feel the effects of a broken bone at once, the signs of a concussion or internal injury may manifest more slowly. Some car accident victims don’t realize the full extent of their injuries until hours, days, or even weeks later.

Unfortunately, delayed injuries after a car accident are pretty common. The body’s natural response to the physical and psychological trauma of a car accident is to protect itself by shutting down non-essential functions and quieting pain receptors. While this can be life-saving in the moment, it can cause critical injuries to go unnoticed. Delayed injuries can also make it difficult to get the full compensation you deserve, as at-fault parties may try to argue the validity of your case to save themselves money.

At Derek L. Hall, PC, our legal team wants you to understand how a delayed injury can impact your claim and why you should wait before accepting any settlement offer from an insurer. If you’re suffering from delayed pain after an accident, contact us today for a free consultation with an experienced car accident lawyer in Jackson, MS.

Most Common Injuries that Can Go Undetected After a Car Accident

Not all car accident injuries are immediately apparent. The rush of adrenaline in the system after a collision can mask painful symptoms of something being wrong. It can take hours, sometimes even days, for the signs of certain injuries to manifest and cause enough discomfort for an accident victim to seek medical treatment.

Some of the most common injuries that can go undetected after a car accident include:

Whiplash – Whiplash is a common neck injury that can occur when the head and neck violently snap forward and backward. Unfortunately, it can take days before it becomes clear that the pain, stiffness, and reduced range of motion of whiplash are not merely the short-term effects of trauma but the longer-lasting symptoms of something more serious.

Concussions – The signs of concussions and brain trauma are not always immediate, especially when a victim doesn’t lose consciousness. Concussions often result in relatively subtle symptoms like headaches, nausea, sleep disturbances, dizziness, and confusion. However, these symptoms might not be noticeable until days after the incident.

Internal injuries – Car accidents can cause lacerations both outside and inside the body. Internal bleeding can sometimes take time to present the tell-tale signs of swelling, bruising, pain, and dizziness.

Mental trauma – A sudden crash can leave you feeling vulnerable, overwhelmed, and confused. These are normal reactions after a traumatic event. However, the signs of more serious mental conditions like depression, anxiety, and post-traumatic stress disorder (PTSD) may not appear for days or even weeks after a collision. Mental injuries can be just as severe as physical injuries and need to be addressed by a medical professional.

Other injuries that can take time to become apparent include sprains, strains, soft tissue damage, herniated discs, and hairline fractures.

How Long After a Car Accident Can Injuries Appear?

Injuries don’t have a timetable. They impact different people in different ways. This can make it hard to judge when an injury directly results from a car accident. Sometimes an injury can show symptoms as the adrenaline wears off in the hours following a collision. In other cases, the signs of a car accident injury may take weeks or longer to become severe enough for a victim to seek medical help.

The most crucial action you can take after a car accident is to seek medical attention immediately. Contact your physician if you experience any of these symptoms in the days or weeks after a crash:

• Pain
• Nausea
• Confusion
• Swelling
• Loss of mobility or range of motion
• Headaches
• Pain radiating into your arms or legs
• Tingling or numbness in your limbs
• Trouble sleeping or eating
• Inability to concentrate
• Changes in mood, thoughts, or behavior

Follow your medical provider’s treatment plan and contact them as soon as you notice pain, a worsening of your condition, or new symptoms. You may have a late-onset car accident injury that hasn’t been diagnosed.

Can I File a Claim for Delayed Injuries After an Accident?

You can file a claim for late-appearing car accident injuries. However, recovering compensation for these medical expenses is generally more challenging. The insurance company might claim that the delay between the date of the accident and the appearance of your symptoms means they are unrelated. That’s why it’s important to work with an experienced car accident attorney who knows how to establish a link between the accident and delayed injuries.

Why It’s a Good Idea to Wait Before Accepting a Settlement

Insurance companies want to settle car accident claims as quickly and cheaply as possible because it saves them money. It is rarely in your best interest to accept this initial quick offer.

What if you have delayed injuries after a car accident? Are those being factored into your settlement offer? The answer is almost certainly no. Make sure you are fully evaluated by a medical professional before accepting an insurance settlement. If an injury is uncovered later, you can’t go back to the insurer and negotiate for more money.

You should get a car accident attorney on your side as soon as possible. An attorney can manage communication between you and the insurer and shield you from their potentially aggressive tactics designed to get you to settle quickly. If you suffer from delayed symptoms after a car accident, an attorney can also help collect evidence to strengthen your claim and demonstrate your injuries are likely the result of the crash.

Talk to an Experienced Car Accident Attorney in Jackson, MS Today

At Derek L. Hall, PC, we don’t think late-appearing car accident injuries should be uncompensated ones. Contact our office today for a free consultation and find out how a Jackson car accident attorney can help you demand the full amount you deserve.

The post Car Accident Injuries that Commonly Go Undetected appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/car-accident-injuries-that-commonly-go-undetected/
via https://www.dlhattorneys.com/

According to the American Veterinary Medical Association (AVMA), more than 4.5 million people suffer dog bites each year in the United States. One in five dog bite victims requires medical attention to treat their injuries. Dog bites cause serious injuries, including puncture wounds, lacerations, soft tissue damage, broken bones, and infections. These injuries often result in expensive medical bills, several days of missed work, and significant pain and suffering.

If you were the victim of a dog attack near Jackson, Mississippi, you may be able to recover compensation for your expenses through an insurance settlement. The attorneys at Derek L. Hall, PC can help you understand your legal options and file a claim against the negligent dog owner’s insurance policy. Derek L. Hall, PC has fought for Mississippi personal injury victims’ rights and interests for over a quarter-century. When you hire one of our attorneys to represent you, insurance companies know they must treat you fairly or face the consequences.

Contact us today for a free initial consultation to learn more about dog bite settlements and how to pursue the money you deserve for the harm you suffered.

What Are the Different Levels of Dog Bites?

Dog trainers and veterinarians use Dr. Ian Dunbar’s dog bite scale to evaluate the likelihood that a dog will continue to show dangerous behavior toward other people. It can also classify the severity of dog bite injuries. Dr. Dunbar’s scale includes six levels of dog bites:

• Level 1 — A Level 1 dog bite is not actually a bite but simply aggressive behavior. The dog may snarl, show its teeth, or snap at the air but does not touch human skin. Level 1 bites are among the most common and are typically the result of a nervous, energetic, or uncontrolled dog. Dogs that commit Level 1 bites can usually be retrained with consistent conditioning.
• Level 2 — A bite involving contact with human skin but no puncture is a Level 2. Slight bleeding may occur due to the movement of teeth against the skin. Like Level 1 bites, they are typically the result of a scared, hyper, or uncontrolled dog. Dogs that commit Level 2 bites can also typically be retrained.
• Level 3 — A Level 3 bite involves one to four punctures to the skin no deeper than half the length of the dog’s canine teeth. Lacerations may also occur when the victim pulls away from the dog or the owner pulls the dog away from the victim. Dogs that commit Level 3 bites may be retrained but require owner compliance, which can be time-consuming and risky.
• Level 4 — With a Level 4 bite, there are one to four punctures, with at least one puncture deeper than half the length of the dog’s canine teeth. Bruising or lacerations may also occur around the wound. Dogs that commit Level 4 bites are considered dangerous and must be strictly controlled by their owners.
• Level 5 — Level 5 is a multi-bite incident with at least two Level 4 bites, or a multi-attack incident with at least one Level 4 bite in each attack. Dogs that commit Level 5 bites are extremely dangerous and should be kept away from people. Euthanasia may be recommended.
• Level 6 — A level 6 bite results in the victim’s death. Dr. Dunbar typically recommends the dog be euthanized because the alternative is solitary confinement and low quality of life.

What’s the Average Settlement for a Dog Bite in Mississippi?

It’s difficult to determine an average dog bite settlement amount. A dog bite settlement depends on the severity of the injury and the facts of the case. But according to the Insurance Information Institute (III), homeowners’ insurance liability claims related to dog bites totaled $882 million in one recent year. The average cost per claim was $49,558.

An experienced dog bite attorney can review your circumstances and estimate the amount you can expect from a dog bite settlement in your case.

Can I Still Receive Compensation If It Was a Minor Bite?

Even minor bites can have serious consequences, such as medical complications, lost wages, and mental anguish. You may still be able to receive compensation after a minor bite if you can prove that the dog owner was liable for the attack.

With the assistance of an experienced dog bite lawyer, you could recover compensation for the following losses:

• Medical expenses related to the dog bite
• Lost wages from time missed at work due to your injuries
• Lower earning capacity if your injuries prevent you from returning to work
• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

How Long Does It Take for a Dog Bite Settlement?

Some dog bite claims settle in as little as a few weeks, while others can take months or over a year to settle. The facts of the case, the severity of your injuries, and the insurer’s determination all affect this timeline. One important consideration is whether the dog has attacked in the past, which could make its owner liable for your injuries. In other cases, you must show that the dog’s owner was negligent to recover compensation.

According to Mississippi’s statute of limitations, dog bite victims must file a claim within three years of the date of injury. While three years might seem like a long time, it can take weeks or months to prepare a strong dog bite case. That’s why you need to act quickly after a dog bite and consult a skilled attorney immediately.

Talk to an Experienced Dog Bite Lawyer in Jackson, MS Today

Attorney Derek Hall understands the physical, emotional, and financial pain you may be experiencing. If you suffered a dog bite in Jackson, Mississippi, we want to help you hold the owner accountable and pursue an insurance claim against them on your behalf. Contact Derek L. Hall, PC today to speak with an experienced dog bite lawyer in Jackson at no cost or obligation.

The post What Is the Average Settlement for a Dog Attack? appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/what-is-the-average-settlement-for-a-dog-attack/
via https://www.dlhattorneys.com/

Adultery is a factor in many divorces — one that may impact alimony and even child custody agreements. If an adulterous relationship leads to the breakdown of your marriage, you should know what to expect as you move forward with divorce proceedings.

At Derek L. Hall, PC, our trusted divorce attorneys provide personalized, compassionate service to every client to help them confidently navigate their divorce. With over 25 years of experience, trial attorney Derek Hall is respected for his aggressive representation, track record of success, and knowledge of Mississippi divorce laws. Contact our firm today to discuss your case during a free consultation.

What Is Considered Adultery in Mississippi?

The term “adultery” is often used interchangeably with “cheating” or “infidelity.” However, adultery has a specific meaning in the context of a Mississippi divorce case. Under Mississippi law, adultery occurs when a legally married person has voluntary sexual intercourse with someone who is not their spouse.

It’s considered adultery whether the sexual contact occurs only once or multiple times. This means a spouse who has a one-night stand has committed the same offense as a spouse who participates in a years-long affair. Mississippi’s courts have ruled that divorcing spouses can establish that adultery occurred by demonstrating an “adulterous inclination” and the opportunities to act on that inclination.

Unlawful Cohabitation in Mississippi

Adultery laws in Mississippi also consider “unlawful cohabitation” as adultery. Unlawful cohabitation occurs when a married person lives with a romantic partner who is not their spouse.

This practice is illegal while spouses are legally married, even if they have separated. If one spouse files for divorce and the other spouse decides to move in with a new romantic partner before the divorce is finalized, they can face criminal charges for unlawful cohabitation.

Condonation of Adultery in Mississippi

Mississippi’s courts have also specified that adultery only occurs in the event of uncondoned extramarital sexual intercourse. In other words, a spouse who knowingly allows their spouse to engage in extramarital sex or forgives their spouse’s infidelity probably would not have grounds for a divorce based on adultery.

It is difficult to prove whether someone has forgiven or condoned another person’s behavior. Mississippi divorce courts look at certain factors that could suggest the condonation of adultery. For example, condonation may occur when someone learns of their spouse’s infidelity but continues to live in the same household and be intimate with them.

Can Adultery Affect Alimony Awards in Mississippi?

Adultery is not the only factor a judge considers when determining alimony awards in Mississippi. But it can impact these decisions in some circumstances. For instance, if an adulterous spouse spent large amounts from the couple’s savings on an affair, the court could factor the lost savings into subsequent alimony payments.

Judges do not award alimony to punish spouses for engaging in adultery. However, they must consider adultery in their determinations, along with other factors like:

• Each spouse’s relative income and cost of living
• Each spouse’s health, education, and earning capacity
• The debts and assets in each spouse’s name
• The length of the marriage and each spouse’s age
• The presence of any minor children in the home
• The fault or misconduct of either spouse, including adultery
• The wasteful spending of money or assets by either spouse
• The likely tax implications of the alimony order
• Any other factors the judge determines are relevant

Will Adultery Impact Child Custody or Support?

Generally, adultery does not impact child custody or support orders in a Mississippi divorce case. But it depends on the circumstances. The primary consideration in any child custody or child support determination is always the child’s best interest. When marital fault does not directly impact a child’s well-being, courts do not usually consider it in custody or support rulings.

However, family courts will look at each parent’s ability and willingness to provide a safe and supportive environment for their children. For example, if one parent begins a relationship with a violent criminal or registered sex offender and exposes their child to this dangerous individual, the court could limit or deny custody of that parent.

Proving Adultery in a Mississippi Divorce Case

Adultery is often challenging to prove in a divorce case unless one spouse confesses to their infidelity or the other spouse definitively catches them in the act. Those who seek divorce in Mississippi on the grounds of adultery must prove that their spouse had both adulterous tendencies and opportunities to satisfy their tendencies, which may be possible with the following types of evidence:

• Statements from eyewitnesses who saw adulterous encounters
• Photos or video footage of individuals engaging in adultery
• Bank statements and financial records of spending in support of the affair
• Communication confirming their infidelity

What Are Other Grounds for Divorce in Mississippi?

Adultery is grounds for a fault-based divorce in Mississippi, which means the couple is seeking a divorce because one or both spouses committed some type of marital misconduct. The other primary kind of divorce, no-fault divorce, is only an option when couples agree to separate due to irreconcilable differences.

Other grounds for a fault-based divorce in Mississippi include the following:

• Natural impotence
• Criminal convictions and periods of incarceration
• Intentional abandonment of one spouse by the other for at least one year
• Habitual drunkenness or narcotics
• Habitual cruel and inhumane treatment
• Mental illnesses or intellectual disabilities that either spouse did not reveal at the time of the marriage
• Pregnancy from an outside relationship that either spouse hides at the time of the marriage
• Spouses related to each other
• Institutionalization of a spouse for three years due to mental illness

When to Speak with an Experienced Divorce Lawyer

If you or your spouse has filed for divorce on the grounds of adultery in Mississippi, you should speak with an experienced divorce lawyer right away. At Derek L. Hall, PC, our attorneys can help you through this challenging and emotional time. Contact us today to learn more in a free initial case review.

Note: This post was originally published in October 2017, but was updated for accuracy and comprehensiveness in November 2022.

The post Adultery and Divorce in Mississippi appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/adultery-and-divorce-in-mississippi/
via https://www.dlhattorneys.com/

If you have been hurt in a traffic accident or another unfortunate incident in ​Mississippi, you probably have questions about the state’s liability laws and how they could affect your claim. The team at Derek L. Hall, PC is here to help you understand essential liability laws in Mississippi and how they may apply to your case. To learn more, contact us today for a free initial case review with a Mississippi personal injury lawyer. 

Overview of Mississippi’s Liability Laws

If you suspect you have grounds for an injury claim against another party in Mississippi, you should understand how the state’s liability laws could apply to your situation. Here are some fundamental Mississippi liability and personal injury laws and what they could mean for you:

Liability for Mississippi Car Accidents

Mississippi car accident laws follow the standard “at-fault” system for liability. Under this system, vehicle occupants, motorcyclists, bicyclists, and pedestrians who suffer injuries in traffic collisions have the right to seek compensation for their injuries from liable parties. Liable parties are those responsible for causing a car accident. They can include other road users, vehicle manufacturers, auto repair shops, and alcohol vendors.

Mississippi requires all motorists to carry certain minimum amounts of accident liability insurance, which pays for other people’s losses when the policyholder is at fault. If a motorist is liable for an accident in Mississippi, their auto liability insurance should cover any medical expenses or property damage other parties incur. Accident liability insurance minimums in Mississippi include:

• At least $25,000 per person in bodily injury liability coverage
• At least $50,000 per accident in bodily injury liability coverage
• At least $25,000 per accident in property damage liability coverage

Premises Liability Law in Mississippi

Mississippi’s premises liability laws may apply to your case if you are injured in a slip-and-fall or other accident on someone’s property. When you visit someone’s property with the owner’s consent and for the mutual benefit of yourself and the owner, you are considered an “invitee.” Mississippi property owners may be liable for injuries if an invitee is harmed due to unsafe conditions on the premises without proper warning.

At the other end of the spectrum, a trespasser is someone who visits a property without the owner’s consent. Mississippi property owners are not responsible for trespasser injuries due to unsafe conditions. However, property owners may be liable for willful behavior causing trespasser injuries.

Liability for Mississippi Dog Bites and Animal Attacks

Like many states, Mississippi follows the “one-bite” standard concerning liability for injuries from dog bites and other animal attacks. Under the one-bite rule, pet owners are not strictly liable for bite injuries if their dogs have not bitten or acted aggressively toward another person or animal before. A victim can only hold a pet owner liable for bite injuries if they prove the owner knew or should have known their pet was dangerous.

Comparative Negligence in Mississippi

Mississippi follows a “pure comparative negligence” law when determining liability for accidents. Under this rule, accident victims can seek compensation for their injuries and other losses even if they are as much as 99 percent at fault for the accident.

However, the amount of money a person can recover from a personal injury lawsuit is reduced based on their assigned percentage of fault. For instance, suppose you are 10 percent at fault for a car accident that cost you $100,000 in medical expenses and other losses. You would be entitled to compensation for only 90 percent of your losses, or $90,000.

Government Liability in Mississippi

In some injury cases, a state or local government is the liable party. For example, you may be injured in a car crash on I-10 caused by missing road signs or poor road maintenance. In that case, you could seek to hold the Mississippi Department of Transportation or its employees liable in a government tort claim.

Remember that government tort claims are subject to strict deadlines and other non-standard filing requirements. If you believe you have a claim against a government entity, contact an experienced lawyer as soon as possible.

Time Limits for Personal Injury Lawsuits in Mississippi

If you want to hold another person, commercial entity, or government agency liable for your injuries, you must do it quickly. Mississippi’s statute of limitations only gives you three years to file most personal injury lawsuits in civil court.

The three-year time limit is important even if you don’t plan on suing because your ability to take the other party to court is your biggest bargaining chip in any settlement negotiation. A personal injury lawyer can help you identify critical case deadlines and handle your claim efficiently. 

Factors that Can Affect Your Personal Injury Claim

When you file a personal injury claim in Mississippi, any of the following factors may impact the value or timeline of the claim:

• The nature of your injury, whether you suffer the injury in a car accident, slip-and-fall accident, dog bite attack, or some other incident
• Who is liable for your injury, whether it is an individual, a commercial establishment, a product manufacturer, or a service provider
• Your status as a visitor, if you suffer an injury on someone’s property
• Your level of contributory negligence, if your behavior contributed to your injuries
• When you file the injury claim, as you have only limited time to do so

How Can a Mississippi Personal Injury Lawyer Help You?

When you retain the services of a knowledgeable personal injury lawyer in Mississippi, you can count on them to help you by:

• Explaining your legal rights and possible sources of compensation
• Investigating your injury to identify liable parties and gather evidence
• Communicating with insurance providers and other parties on your behalf
• Obtaining medical records, accident reports, and other helpful evidence
• Interviewing eyewitnesses and reliable experts for supporting testimony
• Managing essential case documents and deadlines on your behalf
• Filing insurance claims to demand the compensation you are owed
• Taking your case to court, if you can not get fair compensation through insurance

Injured Due to Someone Else’s Negligence? Talk to Our Experienced Personal Injury Attorneys in Jackson, MS Now

If you have been injured by another party’s negligent behavior, you deserve fair compensation for your losses. Contact Derek L. Hall, PC today for a free consultation to learn more about what we can do to help.

The post How Will Mississippi’s Liability Laws Affect My Claim? appeared first on Derek Hall, PC.

from Derek Hall, PC https://www.dlhattorneys.com/blog/how-will-mississippis-liability-laws-affect-my-claim/
via https://www.dlhattorneys.com/