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...
by diazlaw | Apr 27, 2019 | Blog
Trampoline parks have gone through an explosion in popularity over the last decade in Mississippi and elsewhere in the U.S. Trampoline entertainment might seem an innocuous and inherently safe way to amuse your kids, but it seems that they can also be the cause of serious life threatening injuries and the occasional fatality. It’s hard to get accurate information about trampoline accidents and claims made by accident victims as customers often have to sign liability waivers when they use the facilities. In the event that they proceed with a claim regardless, they may have to sign confidentiality agreements limiting publicity about the incident. Trampoline operators make billions of dollars all over the U.S., but the accident record suggests that not all of these operators are providing safe conditions. Some of the worst injuries appear to occur when children (and adults) collide with other people using the same trampoline or with the surface of the trampoline itself. They can do so at considerable speed, especially when the design of the trampoline makes a ‘double bounce’ more likely. It seems that some of the most serious injuries occur when children are hurt in a double bounce accident. Because of the numbers of people using any one trampoline, injured trampoline users can often suffer agonizing pain trying to get attention or find a way off the trampoline. Trampoline injuries Some of the most serious trampoline injuries are: broken necks; dislocated shoulders; dislocated limbs; broken arms and legs; broken backs. Many of these sorts of injuries are of a catastrophic nature and will affect the victim for a long time. Several states, but...
by diazlaw | Apr 22, 2019 | Blog
An auto accident in Mississippi should be reported to the local police department if it results in an injury to a person, the death of a person or property damage exceeding $500. The statute of limitations for Mississippi car accidents dictates the time limit for filing a lawsuit in a Mississippi court. The Mississippi Code section 15-1-49 gives the victim three years to ask for a remedy from Mississippi’s civil court system for injuries caused due to an auto accident. Under the Mississippi civil law, any lawsuit by a passenger, driver, bicyclist, motorcyclist, or pedestrian injured as a result of an auto accident is subject to the three-year statute of limitations. The clock starts ticking from the date of the accident. You should be aware of this fact in case you are involved in an auto accident in Mississippi. This article provides information on statute limitations for Mississippi car accidents. A wrongful death claim is also governed by the same deadline. If someone in your family or social circle is killed as a result of an auto accident, the victim’s family has three years to file a case in a court of law in Mississippi. But the only difference for a wrongful death claim is the clock will start ticking on the date of the victim’s death and not the date of the accident. It’s important that you understand the statute of limitations in Mississippi and abide by it as it applies to your specific situation. In case you try to file a case after the limitation has already passed, the defendant has the right to ask the court...
by diazlaw | Mar 30, 2019 | Blog
Most car accidents are caused by poor driving. If you have been the victim of a car accident for which you were not to blame, the chances are that another driver’s negligence caused the accident. If you think you can prove that this driver was at fault, you may have a reasonable chance of obtaining compensation from the driver’s insurance provider. But what if the accident had nothing to do with any other driver? It wasn’t your fault. It wasn’t another driver’s fault. No-one was drunk, tired, speeding, had defective brakes or tires. No-one was using their cell phone or texting someone. A minority of accidents have another cause altogether. They are caused by poor road design or poor road maintenance. If you have been injured because of either of these two reasons, then you may be able to still claim compensation, but your claim will have to be addressed to the correct agency responsible. This may be a private company, but more likely it could be a city, county, state or federal government agency. Personal injury claims against any government agency are not handled the same way as a claim against a private individual or organization. You are advised to contact a Jackson car accident attorney if you have been injured because of a poor road design or poor road maintenance reason as you will need to file your claim faster and with adequate documentation. Some examples of poor road design and maintenance missing or damaged guardrails (some have never been fitted); debris on the highway not cleared away fast enough; construction equipment left haphazardly in the roadway;...
by diazlaw | Feb 26, 2019 | Blog
The spreading or invasion of neighborhood plants can cause severe damages to other people and their property. When neighborhood plants become invasive and damaging to others’ property, excavation may be considered as the right measure. When someone plants invasive vegetation like bamboo or plants of a similar kind, it can spread to another neighborhood yard, lawn or under the home. If there is no excavation, such plants cause other problems and property damages. When a homeowner suffers any damage due to such plants he or she can file a lawsuit against the owner of the plant in his or her home. Although the action through court may seem compelling, however, it is always important to talk to the neighbor first. When you face such problems due to invasive plants, this is what you can do to carry out property excavation: Talk to the Neighbor: Communicating with the neighbor who planted the vegetation should be the first step of resolving this problem. When telling the person about the problem you are facing on your property because of their plants or trees, will make the grounds to resolve the matter. The person can make the arrangements to remove the plant or can pay for the removal and excavation. If this attempt fail and the person does not agree to the solution, this may be the time to contact the personal injury attorney. The attorney will ensure that the plaintiff gets compensation for the resolution of the matter. The Damages Occurred through Invasive Vegetation: In many cases, the owner of the plant remains unaware of the damages caused by other people’s property...
by diazlaw | Feb 24, 2019 | Blog
The term “slip and fall” seems innocuous enough, but these accidents are not only surprisingly common, but they can give rise to some serious injuries. Perhaps because they are so commonplace, they can be frustratingly difficult to do anything about if you have been injured and seek compensation. Some personal injury attorneys are actually averse to taking on personal injury cases involving slip and fall injuries if the case for a claim doesn’t seem straightforward. However, you can be rest assured that here at the Diaz Law Firm in Jackson we will do our best to ensure you get the legal help you need. Slip and fall accidents can happen anywhere By ‘slip and fall’ is meant any type of accident in which someone inadvertently slips over and falls down. Similar accidents are often called ‘trip and fall’ accidents. These accidents can literally happen anywhere, but for the purpose of personal injury assessment they can be divided into three categories: accidents that happen at home; accidents that happen at work: and accidents that happen anywhere else, whether it is in a friend’s or neighbor’s house, on privately owned property or property owned by the government. There is also an important distinction between accidents that are caused by another entity’s negligent actions or those that are entirely the fault of the person who slips or trips and falls. Accidents that happen at home If you slip over and hit your head in your own bathroom or kitchen, you probably only have yourself to blame. If you are injured, you will have to rely on your own health insurance if you...
