by diazlaw | Jul 30, 2019 | Blog, Personal Injury
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...
by diazlaw | Jun 25, 2019 | Blog, Personal Injury
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...
by diazlaw | Jun 14, 2019 | Blog, Personal Injury
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...
by diazlaw | May 21, 2019 | Blog, Personal Injury, Truck Accidents
There are a lot of varied reasons why truck accidents happen. Anything that can reduce the results of a big rig crash must be applauded if it really makes a difference. New technology won’t solve all problems, but it can certainly address some of them. The most recent innovation that is being trialed by a number of trucking companies is the use of cameras that are mounted on the sides of trucks to monitor what is around the back and sides of a truck at any given time. The cameras function in a similar way to the cameras that have already been installed on many new cars that allow the driver to have a better view of what is behind their vehicle when reversing. Specifically, the cameras being trialed help truck drivers when turning, reversing and parking, maneuvers that can all lead to accidents if visibility is reduced when using conventional side mirrors. The cameras have been given the thumbs up from those truck drivers who have been involved in trials by two truck fleets, Schneider and Maverick Transportation. Drivers report that the Mirroreye technology provides a much improved performance in bad weather and at night as well as in normal daytime conditions. Some of the problems associated with the use of ordinary truck side mirrors is that they do not provide all round views of what is around the back of the truck, making turning and reversing potentially dangerous as well as maneuvers such as passing smaller vehicles. Side mirrors are also prone to fogging in cold, damp weather and are often useless in heavy rain or snow....
by diazlaw | May 14, 2019 | Blog, Uncategorized
How To Find Court Houses in Jackson Mississippi If you are in Jackson Mississippi, currently looking for a courthouse, you have several different options available. You can use the tried-and-true method of looking through a local business directory, or you can simply use your smart phone or computer to search for one. There are several court houses that are in Jackson, divided up between county, city, and federal court houses. Depending upon the matter that you would like to resolve, or where you have been called to perhaps testify, you need to find the right one to fulfill or complete your objective. Let’s discuss how you can find court houses in Jackson Mississippi if you need to find one today. How Many Court Houses Are In Jackson Mississippi? There are three court houses that are in Jackson. First of all, there are two municipal court houses. These are often referred to as the city courthouse for the region. These are the courts where ordinance violations are often handled, along with low-level crimes. For example, if you have a traffic ticket that you have to resolve, or if you were cited with a DUI, this is where you need to go. Second, there is a county courthouse, also called a District Court house, which will handle both criminal and civil cases. Finally, Jackson has a federal courthouse which is where all federal law cases are handled. These tend to be the least busy of all of the courts because far fewer federal offenses occur in comparison to crimes that are processed at the state level. Where Are These Located In...
by diazlaw | May 7, 2019 | Blog, Personal Injury
The number of auto accidents is increasing across the country, and Mississippi is no exception. Auto accidents injured over 431,000 individuals in the United States in 2014 alone. The victim should file a personal injury lawsuit to claim for his/her injuries, medical bills, and lost wages. Filing a personal injury claim is trickier than it sounds. The victim should be aware of the personal injury claim process before filing an injury lawsuit in Mississippi. It will increase your chances of succeeding in the process. This article provides information on the process of a personal injury lawsuit in Mississippi. Whether you are involved in a car accident, slip and fall accident or any other injury caused by the negligent and reckless actions of another party, you should claim compensation for the injuries and loss you have experienced. You should know that filing a personal injury lawsuit and claiming compensation for your injuries involve several crucial steps. Failing to follow these steps can negatively affect your chances of succeeding in the process. Pay close attention to these steps to obtain the best outcome possible. Taking too long to file a case is a mistake made by most injury victims in Mississippi. In Mississippi, the victim is given three years from the date of the accident to file an injury lawsuit in a civil court. After three years, the “Statute of Limitations” will come into effect and the victim won’t be able to claim compensation. But if you are a victim of medical malpractice, you have only two years to claim compensation for your injuries. This is the first thing you need...
