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Can You Sue a Nightclub if Attacked on their Premises?

Can You Sue a Nightclub if Attacked on their Premises?

Jackson has an active nightclub scene and usually most people have a good time unwinding after work at these venues and go home having enjoyed themselves. Occasionally, there are problems. Nightclub attendees are sometimes involved in altercations either inside the nightclub or in the immediate vicinity or even have an accident while leaving, perhaps in a cab or their own vehicle. What are the limits of liability in a nightclub injury? Should the victim of an attack just blame the person or persons who attacked them and seek damages from them or can they blame the nightclub? As in many personal injury cases, the answer is never a straightforward one and depends on the exact circumstances, the ability of the attacker to pay any proven damages and the liability of the nightclub to its customers. For the purposes of this article we shall confine the topic to the question of liability after a nightclub attack that occurs inside the venue only. Who was involved in the fight? If a fight occurred inside the nightclub, who was involved? How did it start? If you were involved in a fight that was a mutual affair, it is unlikely that you could claim any damages at all. It is a general feature of the law that this would be regarded as a “mutual affray.” It would be different if you were the innocent victim of someone else’s malevolence, i.e. it was an unprovoked attack against you, or you were hit by accidentally, e.g. by a bottle thrown through the air by someone else. If you were the victim of an attack started...

Be Careful About Your Social Media Profile After a Car Accident

Social media can be a blessing and a source of acute embarrassment at times. For many people these days, it might seem hard to even imagine the days when just about everything that happens to you is discussed endlessly on one social media platform or another. Most people have often become aware that they need to be a little more careful about what they post if they are applying for promotion or a new job. Prospective employers may be in the habit of taking a look at more than just LinkedIn, which is commonly used as a personal profile for professional purposes. Now it seems that social media sites may also be the subject of attention by insurance providers if you have been involved in an accident. By ‘insurance providers’ what is meant is the insurer who may be asked to cough up a substantial amount of money in compensation if their client is proven to have been responsible for an injury. Insurers do not particularly like giving out compensation willy-nilly and rarely take plaintiff’s accounts of an accident at face value. A successful personal injury case after a serious accident and accompanying injury is something that must be taken very seriously by the injured victim. Any evidence that the claim has not offered the correct information or that there are inconsistencies in the account of the accident are likely to be pounced on by insurers. The higher the stakes, the more furiously will the insurer seek to avoid paying. It might seem hard to avoid using your favorite social media sites to discuss the accident you had with...
Suing After a Wrong Prescription Medication

Suing After a Wrong Prescription Medication

There are many ways that a prescribed medication could end up harming the person it was intended to help. In most cases this is not the fault of the patient, unless that person has given wrong information about their health complaint to the doctor who prescribed the medication. More often, a wrong prescription medication is due to an error made at some point in the supply chain that starts with the manufacturer of the drug and ends with the patient. More specifically, the fault could lie with: the manufacturer; the doctor who prescribed the medication; the pharmacist who supplied the medication; someone else, such as the distributor of the drugs, a pharmacist’s assistant etc. Consequences of a wrong prescription medication There is no hard and fast answer to the sorts of consequences that could result from a wrong prescription medication. They could range from no effect at all, i.e. the medication supplied is totally ineffective, yet not harmful, right through to very serious ill effects and even death. If you suspect that you have taken a wrong prescription medication, you should certainly seek medical attention straight away and ensure that the medication you have been given is tested for contents while retaining proof of what you have been given for legal attention. If the effect on you is serious (i.e. not just a mild headache), you should contact a medical malpractice attorney, or a personal injury attorney with experience in medication errors as soon as possible. Determining who was at fault As has already been mentioned above, apart from a patient unintentionally misinforming a doctor about their complaint, there...
Everything You Need to Know about Texting Laws in Mississippi (House Bill 389)

Everything You Need to Know about Texting Laws in Mississippi (House Bill 389)

Life seemingly gets more and more complicated all the time. Although technology has in countless ways made life simpler, it also has increased the number of tasks we can tackle and perform from just about anywhere. Where once a car drive was a means only to get from Point A to Point B, cell phones now permit an opportunity to do business, check on the family via Facetime or Skype, or simply keep up with social media while traveling. This has created the very significant danger of the distracted Jackson Mississippi driver who attempts to do these things while driving or stopped at a stop sign or light.   According to the National Highway Traffic Safety Administration, 10% of serious or fatal incidents and 17% of minor injuries that occurred in an accident happened because the driver was distracted. In fact, in 2011, 3,331 people died due to distracted driving. Distracted Driving These statistics make it clear that Mississippi, as well as other states throughout our country, have to take action against distracted driving. After all, they realize that distracted driving is the leading cause of traffic collisions. As the name implies, distracted driving is any activity or behavior that displaces the attention of the driver of a motor vehicle from the act of driving. Some examples of distracted driving include eating while driving, interacting with other people in the car or changing the audio reception. However, by far, the single most dangerous form of distracted driving involves texting. The Unique Dangers of Texting  Those who study distracted driving report there are three separate and distinct ways in which...
What’s the Difference Between a Workers’ Comp. and a Personal Injury Claim?

What’s the Difference Between a Workers’ Comp. and a Personal Injury Claim?

What’s the Difference Between a Workers’ Comp. and a Personal Injury Claim? For ordinary Mississippi workers, it can be hard to know how to cope financially if a serious injury occurs. Many workers are hard pushed to find enough money for basic needs if they can’t get their regular paycheck and yet a serious injury can see them off work for weeks or even months. Hospital bills can quickly mount up and even those people who are insured may find that their insurance is insufficient for anything but basic treatment. Workers’ compensation in Mississippi If the injury has been caused at work most workers should be covered by their employer’s workers’ compensation insurance. This is a basic form of compensation which covers medical treatment, often at the employer’s designated provider, and a percentage, typically around two thirds, of any wages that have been lost. Workers’ compensation may also cover future estimated medical treatment if the injury is long term as well as compensation for permanent disability. Not all workers’ compensation claims are honored straight away. The ball tends to be in the employer’s insurer’s court and even though workers’ comp. claims are theoretically no-fault claims (i.e. are not dependent on proving negligence by the employer) are frequently denied. Workers’ comp. claim denials often entail lengthy and complex appeals. These are rarely won without the help of an experienced workers’ compensation attorney. Certainly, if you have learned that your workers’ comp. claim has been denied for some reason, you should contact an attorney to discuss how you can appeal the decision. Mississippi personal injury claims Any injuries that have been...
The Dangers of Hospital Discharge

The Dangers of Hospital Discharge

The time after a patient is discharged from hospital can be potentially one of the most dangerous. This is mainly because any mistakes that are made with surgery, diagnosis or medication are less likely to be monitored by the patients themselves, by home care agencies, nursing homes or any other of the plethora of care agencies that might be involved after discharge. Medication mistakes the most common post discharge problem Medication mistakes are regarded by federal health authorities as some of the most common causes of post discharge complications. Health inspectors found that over 3,000 ‘me health agencies between 2010 and 2015 had failed to review medications for patients released into their care after a period in hospital. In some cases, nurses failed to notice that medications that had been prescribed consisted of a dangerous cocktail of drugs. Typical health complications included kidney damage, seizures, abnormal heart rhythms and bleeding. The numbers represented 25% of agencies inspected. It is partly the diversity of providers that contributes to potential health problems post discharge. A lack of effective communication between these diverse providers is a common source of error. The chief medical officer at the Institute for Healthcare Improvement, a non-profit organization, has reported that none of the 30 billion dollars made available by Congress to digitize medical records has ended up in nursing homes, home care agencies working with individuals in their own homes or rehabilitation services. Roughly half of the individual patients discharged by hospitals have said that they are confident understanding instructions on packets of drugs they have been prescribed. A third of nursing homes have been found...
When am I Entitled to Punitive Damages?

When am I Entitled to Punitive Damages?

Personal injury lawsuits in Mississippi are like they are in any other state. They are designed to compensate an innocent victim of an injury for the harm that the injury has caused. Occasionally, the victim may have suffered from a wrongdoing that was particularly deliberate and intentional. If this can be proven, then the plaintiff may be awarded a separate payment on top of any others that have been paid out as a result of the lawsuit. This extra payment is known as punitive damages and its main purpose is to punish the wrongdoer for his or her actions, or for the actions of a company, if this is the wrongdoer. Economic and non-economic damages in a Mississippi personal injury lawsuit Punitive damages are not regarded as non-economic damages in Mississippi, even though like these damage awards, the amount awarded cannot have an easily determined monetary value, like medical treatment, the use of an ambulance or the repair to a vehicle or other property. Generally, a personal injury claim for damages is divided up between economic damages and non-economic damages. Economic damages are the easier of the two categories to define and show evidence for. The usual economic damages in a personal injury lawsuit include: medical treatment, including an amount for any future treatment if needed; transport costs related to the injury, especially if the plaintiff has lost the use of his or her vehicle after a car crash; lost earnings, wages, etc. as a result of not being able to work as normal including future lost earnings if necessary; repair or replacement of personal property damaged at the...

The Ever Present Danger of a Prescription Medication Error

Anyone who has unknowingly been given the wrong prescription for medication or the wrong drugs or pills could be seriously harmed or even die. Adverse drug events (ADEs) are extremely common and can cause long lasting health issues for those who are affected. The main sources of ADEs are as follows: A physician prescribing the wrong medication, either because of the wrong diagnosis or a simple error, e.g. the correct drug, but the wrong dosage, or the correct dosage but the wrong drug. A pharmacist or pharmacist’s assistant mixing up the prescription and delivering the wrong drug, or the correct drug at the wrong concentration, or both. The use of a defective or untested drug. An undetected or previously unnoticed allergy to a particular drug, precipitating a harmful reaction. There are many reasons why a prescription error can take place. The physician may make a mistake when prescribing a drug. There are many drugs that have very similar names, yet are prescribed for very different conditions. Some examples are Hydralazine and Hydroxyzine; Navane and Norvasc, Paxil and Plavix, Lovenox and Levemir. Pharmacists may be extremely busy and allocate prescriptions to pharmacists’ assistants. These assistants may have received insufficient training, or are too tired from overwork to make up the correct medication or misinterpret the prescription made by the physician. Case study of a medication error A 71year old woman was diagnosed as having acute kidney injury and uncontrolled hypertension amongst other health problems. She was prescribed a  drug called amlodipine (brand name Norvasc), as well as metroprolol, doxazosin and torsemide. Over the next 3 months her health deteriorated and...

Hit & Injured by a Drunk Driver – Do You Need to Sue?

There are many reasons why you could end up on a stretcher after a car accident, badly injured. One reason is that you were unfortunate enough to be hit by someone who was drunk at the time of the accident. Surely the drunk driver will get arrested by the police and you will get some kind of compensation for the cost of your injuries? If the police charge the driver, do you need to sue the driver separately for damages? 30 year old Iris Franklin was killed by another driver, Natalie Duvernay, a year ago on Mississippi’s Highway 90 in Pass Christian. Duvernay has just been convicted of felony DUI as a result of the death, which happened when the35 year old woman crashed into Franklin’s vehicle at 70 mph in a 45 mph speed zone. Franklin was tested for alcohol and was discovered to have greater than three times the legal limit of alcohol in her blood at the time of the accident. Iris Franklin will never have the chance to wonder whether it was possible to sue the drunk driver who killed her, but it remains a distinct possibility for her dependent family, if she has one. Despite a conviction, the injured victim of a drink driving accident, or the family of someone who has been killed by a drunk driver, is not automatically compensated for the often huge financial burden which a serious injury can involve. A charge of DUI may lead to a criminal conviction, but it still leaves you without anything except a sense of satisfaction that justice has been done. To obtain compensation...

Be Aware of the Limits of the Law in a Personal Injury Case

If you have been injured anywhere in Mississippi and consider that you were not to blame for the accident that caused the injury, you may think that you are entitled to file a personal injury lawsuit against the person or organization at fault. Injuries can be expensive if you are left having to pay for medical treatment and then there is the worry about your means of employment. If you miss time off work because of your injuries you could end up being seriously out of pocket. The worst case scenario is that you are so seriously injured that you lose your job altogether. While a personal injury claim is certainly an important option you will need to discuss the circumstances thoroughly with a Mississippi personal injury attorney before you file a claim. The attorney will run through the details of your case and make certain that there is a good chance of proving negligence, an important prerequisite for having a successful outcome. Each state has slightly different personal injury laws so it is worth acquainting yourself with some of the limitations that are used in Mississippi as they may have a bearing on your ability to make a claim. The statute of limitations Every state puts a time limit on making a personal injury claim. To be honest, the sooner you make a claim the better. This is not so much because of the statute of limitations but because it is simply easier establishing fault earlier rather than later. Witnesses are harder to find and become less reliable. Evidence that could have been used to support your claim...

Contact the Diaz Law Firm today for a free consultation

If you have been injured through no fault of your own, please contact the Diaz Law Firm. You can reach us online or by calling our toll-free number at 800-459-2222. Our team is available to speak with you about your potential case. We work on a contingency fee basis, which means you pay us nothing unless we recover for you. The Diaz Law Firm is a national firm that represents clients across the United States.

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