Tuesday, May 23, 2023

What to Do if a Neighbor’s Dog Bites Your Child

When your child gets injured, a thousand thoughts race through your head. If the injury was caused by a dog bite, there are certain things that you can do to make life easier in the aftermath. There are over 4 million dog bite reports every single year, and the problem is only on the rise in post-pandemic times. Whether it is a lack of training or an increase in pet ownership of dangerous breeds, the problem is real! If it happens to your child, here is what you need to do.

Seek Medical Attention

Even if the bite from the canine was only a small one, it is still essential that you seek care from a medical professional. This is not just to prove that there was an injury sustained, but also to make sure that the child has exactly what they need to avoid infection and further complications. It may be a superficial injury, but that doesn’t mean the child will recover without intervention from a doctor.

Inform the Authorities

Even if you feel like you have a personal obligation to not report the dog for the sake of friendship or otherwise, you have to put that aside. Reporting the dog is a civic duty, and if you don’t do it, someone else is likely to take it out of your hands. If the dog was provoked, there is every chance it will be reunited with its owner. Not all dogs that are taken by the authorities are destroyed; in fact, plenty are observed and returned after a set period of time while the investigation into the incident takes place.

Think About Your Options Moving Forward

Communicating with your neighbors after the incident will enable everyone involved to feel up to date with all the facts. If the injuries are serious, the neighbors will surely be concerned about the child and want to co-operate in any way that they can. It may be the case that if you decide to proceed with legal action down the line, you have to be more mindful about what you say. For instance, saying that your child caused the incident when you don’t have all the facts is a verbal admission that your neighbor can use to get around having to pay compensation in the future. The key is to keep a level head and always look to the professionals.

Find an Attorney

If your child has suffered from life-changing injuries and is now facing life with a disability, or even tragically died as a result of the attack, there are attorneys out there who will represent your case so that you can get compensation for what your family has suffered through. There may be a personal injury claim or wrongful death lawsuit to consider, and you will need the assistance of a professional with experience in this area to see things through.

If your child is a victim of a dog bite, and the neighbor is the one to blame, what you do next depends on how badly your child was hurt and what you want from the process. There are lots of options, and your best bet is to get in touch or pay a visit to one of our Law Offices today.

 

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

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

The post What to Do if a Neighbor’s Dog Bites Your Child appeared first on Derek Hall, PC.



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Tuesday, May 16, 2023

5 Common Misconceptions About Personal Injury Cases

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.

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Tuesday, May 9, 2023

Top Causes of Personal Injury: Know the Risks

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.

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Sunday, April 30, 2023

Slip and Fall Accidents: Understanding Liability

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.



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Monday, April 24, 2023

How is Negligence Proved in a Motorcycle Accident?

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.



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Thursday, March 23, 2023

How to Pursue a Wrongful Death Lawsuit in Mississippi

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.



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Friday, March 3, 2023

The Mental Health Cost of Serious Mississippi Auto Accidents

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.



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