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Making a Personal Injury Claim Against the Government in Mississippi

Most car accidents occur because of someone’s negligence. The word ‘someone’ includes anything from the person who is injured to individuals, businesses, organizations of all kinds and government entities. If you are injured because of your own carelessness, there is very little you can do about it apart from learn a lesson. If the car accident leaves you injured, then you will be relying on your own health insurance or PIP insurance if you have taken this out. Mississippi is a ‘tort’ or ‘at-fault’ state, so PIP is not a requirement. If you have been injured through no fault of your own, you have to establish who or what was the cause and if negligence was involved and sue that party for damages. Most car accidents occur because of a poor driving decision by another individual driver. Generally, if you are injured, you would seek to file a claim for compensation through that driver’s insurance provider. If the driver works for a private company as an employee, it becomes more complicated, because you then may need to file separate claims against either the individual driver, or the business, or both, depending on the exact situation. It is these complications that make a personal injury attorney with car accident experience so valuable. Attempts to sue the wrong party can be a waste of time and end up with you out of pocket. Accident claims against government agencies or employees are complicated More complicated still are those accidents that have been caused by the negligence of a government entity. This could be the city of Jackson, the state government of Mississippi...

Who is at Fault in a Parking Lot Accident?

With Christmas just around the corner, parking lots are more frantic than ever. In more normal times around a fifth of all car accidents happen in and around parking lots, so when the Christmas rush is on, it’s likely to be more than that. Injuries don’t just happen because of careless driving. Parking lots are also sometimes crime prone. The question of who is liable if there is a car accident or mugging arises when someone is injured in a parking lot. Generally, the owners or managers of parking lots are not liable for damage to vehicles or injuries except in specific conditions. It can be hard to know whether a parking lot owner is in fact responsible for the safety and security of people and their vehicles who use their property. The best advice is always to talk to a personal injury attorney before deciding about making a claim for compensation. A parking lot owner or operator may be considered liable or partly liable for an injury that occurs in their parking lot if the design or maintenance of the parking lot is unsatisfactory. If there is a valet involved, then the care of the vehicle is most likely the vale’s responsible. As far as injuries due to crime are concerned, the owner / operator maybe considered liable if there has been a history of crime in the vicinity and there has been nothing done to alert users of the parking lot, or to provide safety features, such as surveillance cameras, security guards, etc. Careless driving the most common reason for parking lot accidents The most common accidents...

Passengers in a Car Accident Have Rights Too

It’s rare for passengers to be accused of causing a car accident. In most cases they are the victims of someone else’s negligence. It could be the driver of the car they are a passenger in, another driver altogether, or some other party, like a truck company, government agency, road maintenance department etc. In most car accident personal injury cases the emphasis tends to be on the driver of the vehicle that has been hit but of course often there are other people in that car who may have been as badly injured as the driver. Those injured passengers in some ways have an easier opportunity to file a claim against whoever ultimately was to blame for the injuries as it would be unlikely to have to deal with an accusation of shared fault. This is quite a common situation when an injured driver files a claim with another diver’s insurer. The insurer alleges that the injured plaintiff was partly or even wholly to blame for the accident. Who can the passenger sue? An injured passenger can only sue the at-fault party (or parties) if there is evidence that negligence caused the injury and that the party being sued was negligent. There are several different scenarios, each of which has its own particular challenges. Scenario 1: The driver of the vehicle the injured passenger is in is at fault This should be straightforward. The driver has a duty of care for anyone in the same vehicle. If the driver falls asleep, drives too fast, runs a red light, drives while drunk, or crashes while texting, then the driver may...

What to Expect of Police Presence After a Mississippi Car Accident

Typically in Mississippi, as in other states, police officers or other law enforcement officers such as Highway Patrol officers and sheriff’s deputies are dispatched to the scene of a traffic accident when advised. Whether they attend or not depends on the seriousness of the incident. By law, all crashes involving some sort of injury require the crashes to be investigated and a report to be compiled. That police report, more formally called a Mississippi Uniform Crash Report (MUCR) could be a vital piece of evidence for you if you intend filing a personal injury claim after an injury resulting from a crash. Bear in mind that if you are seriously injured in a crash, there may be very little or nothing you can do personally to help obtain evidence that can show who was at fault. It may seem paradoxical that the very people who will need compensation the most are the least likely to be able to exert any personal influence on proving who was at fault. It is vital for compensation to be offered that there is clear evidence of who was at fault. The MUCR is therefore probably the most important evidence available after a serious traffic injury. Even eye witness statements may only be made available by consulting the crash report that should contain details from eye witnesses. If there has been no injury in a car accident, there is no absolute necessity for police to attend unless the vehicles involved are badly damaged and are blocking the flow of traffic. This means that if you have a slight sideswipe or someone reverses into your...

First Vaping Death in Mississippi

The e-cigarette and vaping epidemic has claimed its first victim in Mississippi. It is a male, aged under 30, according to the state’s Department of Health. There are also 4 other Mississippians who have succumbed to pulmonary or lung disease that has been associated with vaping. Mississippi has joined 9 other states that have recorded fatalities. So far, this year there have been 12 deaths and 805 illnesses. The figures, released by the Centers for Disease Control and Prevention (CDC) show that there has been a sharp rise from last year when there were 530 illnesses recorded and 7 deaths. The increase in vaping related illness has been labed an ‘epidemic’ by health authorities across the U.S. The rise of vaping vs smoking tobacco Vaping has been around for at least a decade now. It uses a liquid contained in a container called a pod that is heated by a battery device. Users inhale the vapor, which is normally, but not always, a concentrated nicotine product, derived from tobacco. The vapor from these products does not have the other substances associated with tobacco that are known to cause lung cancer and other health problems. When vaping was first introduced, vaping was touted as a safer alternative to conventional cigarettes. The steady increase in the use of vaping has been paralleled by the equally steady decline in smoking tobacco. Health authorities are unsure exactly what the primary cause of the lung disease is. It is likely that it is a chemical product, but there is no certainty what it is. There has been some suggestion that it might be tetrahydrocannabinol...

Mississippi Nursing Home Care Ranks Poorly

More and more people are entering nursing homes and managed residential care facilities as they get to an age where it becomes too difficult to live at home. Sometimes, it is because family members cannot provide the standard of care they need. Elders may themselves choose to enter a nursing home because they don’t want to become a burden on their family. Unfortunately, not all nursing homes provide the level of care which we expect them to do. A report compiled by an organization called Families for Better Care revealed that many nursing homes across the U.S. failed to provide adequate levels of care. Mississippi nursing homes were given an average ‘D’ rating based on a number of different criteria, with the state performing near the bottom of the country in many respects. The findings of the report would be enough for many Mississippi residents who have elderly relatives in a nursing home take a long hard look at how they are being cared for. Early legal intervention when nursing home neglect or abuse is discovered can mean all the difference to the future conditions for a loved one as well as recover valuable monetary compensation that can help improve the loved one’s life. Evaluating the standard of care in Mississippi nursing homes The Families for Better Care’s survey looked primarily at 3 main factors that the organization thought were important in measuring the standard of care in the nursing homes they looked at. The three factors were: staffing levels; inspection reports; number of complaints made and verified. Verified complaints Mississippi scored particularly badly on the number of verified...

Mississippi Rideshare Liability Explained

If you travel a lot in any major urban center in Mississippi, you may be a frequent or, at least, a casual rideshare customer. Lyft and Uber and other newer rideshare companies lie Ola and Guru are becoming more and more frequently used in urban areas, or even between cities. They are easy to dial up using an app on your cell phone and are usually quite a lot cheaper than a traditional cab. You might even be an Uber or Lyft driver yourself. Granted, rideshare drivers don’t make heaps of money, (one report estimated an average $16 / hour before expenses for an Uber driver), but it doesn’t take much capital. Anyone who has a license and a reasonable car can become a rideshare driver and make some extra cash, even if it is only part time, to supplement a regular income. Uber, Lyft and the rest may sound fine, but is taking a ride in an Uber vehicle really safe? What happens if you do some Uber driving yourself and are involved in an accident? Who is liable? Before we explain some of the details behind rideshare liability, here is some more explanation of how these rideshare schemes work. Uber, Lyft and other rideshare companies do not directly employ the drivers who use their app. If you are an Uber driver, it makes it easier to use the app to get rides and make money. There is a trade-off. You have to pay a percentage to Uber of every ride you get, but the rest is yours to keep. The same report that mentioned that on average...

Explaining Caps in a Mississippi Personal Injury Lawsuit

Personal injury legislation is intended to compensate the victim of an accident for the consequences of that accident, but where does a state draw the line? Can a severely injured person who has been so traumatized by an accident claim millions of dollars in compensation? Is there a difference between an accident caused by someone who never intended to hurt anyone and someone else who was so full of malice that their actions inevitably led to the victim’s physical and mental distress? These questions have been addressed in varying ways by the different states. It can be a controversial topic. States try and create a balance which allows for fair compensation yet prevents an over lenient judge from awarding a huge payout. In Mississippi, there are caps on both the non-economic components of a personal injury lawsuit, i.e. the pain and suffering component and the punitive damages component if there is one. Mississippi is not the only state that imposes caps on these components of a claim, but there is opposition to caps of any sort from some and there is no certainty that Mississippi’s caps will remain forever. Why impose a cap on non-economic damages? A personal injury claim is made up of two main components: economic and non-economic damages. Economic damages are those parts of the claim that can generally easily be demonstrated financially. They include medical costs, lost earnings and compensation for property damage. The main priority when claiming for these damages is to prove that they were justified, that they were needed because of an injury caused by someone else’s negligent actions and that the...

Why Does Mississippi have the Highest Traffic Fatality Rate in the U.S.?

Mississippi has the dubious distinction of having the highest car accident fatality rate in the country. In 2017, the fatality rate was 23.1 per 100,000. That might not sound very much until it is compared with other states. Nowhere else tops it. What’s worse is that despite a slight dip in the fatality rate back in 2014, the statistics seem to be showing an increasing trend. So what’s the reason for this alarming state of affairs? Like many things in life, there is no easy answer and several factors are at play. Some people cite the fact that Mississippi is a predominantly rural state and that means that there are a lot of roads that are relatively narrow and winding, perfect for accidents to occur. However, other states are also just as rural as Mississippi and don’t have anything like Mississippi’s severe accident rate. Car accidents don’t just occur “by accident.” The vast majority of traffic accidents are caused by negligence. One driver or another is responsible for causing the accident, because they were drunk, they were under the influence of drugs, they were too tired to drive, they were using a cell phone at the time, they were speeding or any one of several other reasons. The fact that they were doing these things on a rural road is not an excuse. They are all preventable reasons for a car accident. If Mississippi drivers are ignoring common sense and driving dangerously and/ or ignoring state traffic rules and regulations that might help to explain why there are so many serious accidents, but what are state law enforcement agencies...

Can You Sue If You Are Injured in Someone Else’s Car in Mississippi?

Were you riding around as a passenger in a vehicle in Mississippi with someone else when an accident occurred? If so, you may now have some serious injuries that have taken away from your quality of life, keeping you from working, running around with the children, or even participating in any of your usual activities. Although your injuries may eventually heal over time, you still have the right to sue when you are injured in someone else’s car. What Are the Proper Steps to Take? There is a statue of limitation in Mississippi when filing lawsuits against a negligent driver that caused the accident. You will need to file a claim against the individual within three years. Even if it is not the first thing on your mind now that you have injuries and are worried about getting better, you should still focus on finding a personal injury lawyer to help you out with the case. It is better to get started with the lawsuit as soon as you can instead of waiting until the very last minute to seek compensation for everything you have been through. Upon finding a personal injury lawyer to assist with your case, you can sue the driver of the vehicle. When you get in a car with someone, you expect them to drive carefully and follow any rules, such as stopping at the stop sign and yielding at a yellow light. If the driver of the vehicle was speeding, distracted while behind the wheel, ran through a stop sign or was doing something that he or she should not have been doing, those...

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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