Monday, December 5, 2022

Car Accident Injuries that Commonly Go Undetected

Not all injuries suffered in car accidents are immediately apparent. The aftermath of a collision can be traumatic and overwhelming. While you may be able to see and feel the effects of a broken bone at once, the signs of a concussion or internal injury may manifest more slowly. Some car accident victims don’t realize the full extent of their injuries until hours, days, or even weeks later.

Unfortunately, delayed injuries after a car accident are pretty common. The body’s natural response to the physical and psychological trauma of a car accident is to protect itself by shutting down non-essential functions and quieting pain receptors. While this can be life-saving in the moment, it can cause critical injuries to go unnoticed. Delayed injuries can also make it difficult to get the full compensation you deserve, as at-fault parties may try to argue the validity of your case to save themselves money.

At Derek L. Hall, PC, our legal team wants you to understand how a delayed injury can impact your claim and why you should wait before accepting any settlement offer from an insurer. If you’re suffering from delayed pain after an accident, contact us today for a free consultation with an experienced car accident lawyer in Jackson, MS.

Most Common Injuries that Can Go Undetected After a Car Accident

Not all car accident injuries are immediately apparent. The rush of adrenaline in the system after a collision can mask painful symptoms of something being wrong. It can take hours, sometimes even days, for the signs of certain injuries to manifest and cause enough discomfort for an accident victim to seek medical treatment.

Some of the most common injuries that can go undetected after a car accident include:

Whiplash – Whiplash is a common neck injury that can occur when the head and neck violently snap forward and backward. Unfortunately, it can take days before it becomes clear that the pain, stiffness, and reduced range of motion of whiplash are not merely the short-term effects of trauma but the longer-lasting symptoms of something more serious.

Concussions – The signs of concussions and brain trauma are not always immediate, especially when a victim doesn’t lose consciousness. Concussions often result in relatively subtle symptoms like headaches, nausea, sleep disturbances, dizziness, and confusion. However, these symptoms might not be noticeable until days after the incident.

Internal injuries – Car accidents can cause lacerations both outside and inside the body. Internal bleeding can sometimes take time to present the tell-tale signs of swelling, bruising, pain, and dizziness.

Mental trauma – A sudden crash can leave you feeling vulnerable, overwhelmed, and confused. These are normal reactions after a traumatic event. However, the signs of more serious mental conditions like depression, anxiety, and post-traumatic stress disorder (PTSD) may not appear for days or even weeks after a collision. Mental injuries can be just as severe as physical injuries and need to be addressed by a medical professional.

Other injuries that can take time to become apparent include sprains, strains, soft tissue damage, herniated discs, and hairline fractures.

How Long After a Car Accident Can Injuries Appear?

Injuries don’t have a timetable. They impact different people in different ways. This can make it hard to judge when an injury directly results from a car accident. Sometimes an injury can show symptoms as the adrenaline wears off in the hours following a collision. In other cases, the signs of a car accident injury may take weeks or longer to become severe enough for a victim to seek medical help.

The most crucial action you can take after a car accident is to seek medical attention immediately. Contact your physician if you experience any of these symptoms in the days or weeks after a crash:

  • Pain
  • Nausea
  • Confusion
  • Swelling
  • Loss of mobility or range of motion
  • Headaches
  • Pain radiating into your arms or legs
  • Tingling or numbness in your limbs
  • Trouble sleeping or eating
  • Inability to concentrate
  • Changes in mood, thoughts, or behavior

Follow your medical provider’s treatment plan and contact them as soon as you notice pain, a worsening of your condition, or new symptoms. You may have a late-onset car accident injury that hasn’t been diagnosed.

Can I File a Claim for Delayed Injuries After an Accident?

You can file a claim for late-appearing car accident injuries. However, recovering compensation for these medical expenses is generally more challenging. The insurance company might claim that the delay between the date of the accident and the appearance of your symptoms means they are unrelated. That’s why it’s important to work with an experienced car accident attorney who knows how to establish a link between the accident and delayed injuries.

Why It’s a Good Idea to Wait Before Accepting a Settlement

Insurance companies want to settle car accident claims as quickly and cheaply as possible because it saves them money. It is rarely in your best interest to accept this initial quick offer.

What if you have delayed injuries after a car accident? Are those being factored into your settlement offer? The answer is almost certainly no. Make sure you are fully evaluated by a medical professional before accepting an insurance settlement. If an injury is uncovered later, you can’t go back to the insurer and negotiate for more money.

You should get a car accident attorney on your side as soon as possible. An attorney can manage communication between you and the insurer and shield you from their potentially aggressive tactics designed to get you to settle quickly. If you suffer from delayed symptoms after a car accident, an attorney can also help collect evidence to strengthen your claim and demonstrate your injuries are likely the result of the crash.

Talk to an Experienced Car Accident Attorney in Jackson, MS Today

At Derek L. Hall, PC, we don’t think late-appearing car accident injuries should be uncompensated ones. Contact our office today for a free consultation and find out how a Jackson car accident attorney can help you demand the full amount you deserve.

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Monday, November 28, 2022

What Is the Average Settlement for a Dog Attack?

According to the American Veterinary Medical Association (AVMA), more than 4.5 million people suffer dog bites each year in the United States. One in five dog bite victims requires medical attention to treat their injuries. Dog bites cause serious injuries, including puncture wounds, lacerations, soft tissue damage, broken bones, and infections. These injuries often result in expensive medical bills, several days of missed work, and significant pain and suffering.

If you were the victim of a dog attack near Jackson, Mississippi, you may be able to recover compensation for your expenses through an insurance settlement. The attorneys at Derek L. Hall, PC can help you understand your legal options and file a claim against the negligent dog owner’s insurance policy. Derek L. Hall, PC has fought for Mississippi personal injury victims’ rights and interests for over a quarter-century. When you hire one of our attorneys to represent you, insurance companies know they must treat you fairly or face the consequences.

Contact us today for a free initial consultation to learn more about dog bite settlements and how to pursue the money you deserve for the harm you suffered.

What Are the Different Levels of Dog Bites?

Dog trainers and veterinarians use Dr. Ian Dunbar’s dog bite scale to evaluate the likelihood that a dog will continue to show dangerous behavior toward other people. It can also classify the severity of dog bite injuries. Dr. Dunbar’s scale includes six levels of dog bites:

  • Level 1 — A Level 1 dog bite is not actually a bite but simply aggressive behavior. The dog may snarl, show its teeth, or snap at the air but does not touch human skin. Level 1 bites are among the most common and are typically the result of a nervous, energetic, or uncontrolled dog. Dogs that commit Level 1 bites can usually be retrained with consistent conditioning.
  • Level 2 — A bite involving contact with human skin but no puncture is a Level 2. Slight bleeding may occur due to the movement of teeth against the skin. Like Level 1 bites, they are typically the result of a scared, hyper, or uncontrolled dog. Dogs that commit Level 2 bites can also typically be retrained.
  • Level 3 — A Level 3 bite involves one to four punctures to the skin no deeper than half the length of the dog’s canine teeth. Lacerations may also occur when the victim pulls away from the dog or the owner pulls the dog away from the victim. Dogs that commit Level 3 bites may be retrained but require owner compliance, which can be time-consuming and risky.
  • Level 4 — With a Level 4 bite, there are one to four punctures, with at least one puncture deeper than half the length of the dog’s canine teeth. Bruising or lacerations may also occur around the wound. Dogs that commit Level 4 bites are considered dangerous and must be strictly controlled by their owners.
  • Level 5 — Level 5 is a multi-bite incident with at least two Level 4 bites, or a multi-attack incident with at least one Level 4 bite in each attack. Dogs that commit Level 5 bites are extremely dangerous and should be kept away from people. Euthanasia may be recommended.
  • Level 6 — A level 6 bite results in the victim’s death. Dr. Dunbar typically recommends the dog be euthanized because the alternative is solitary confinement and low quality of life.

What’s the Average Settlement for a Dog Bite in Mississippi?

It’s difficult to determine an average dog bite settlement amount. A dog bite settlement depends on the severity of the injury and the facts of the case. But according to the Insurance Information Institute (III), homeowners’ insurance liability claims related to dog bites totaled $882 million in one recent year. The average cost per claim was $49,558.

An experienced dog bite attorney can review your circumstances and estimate the amount you can expect from a dog bite settlement in your case.

Can I Still Receive Compensation If It Was a Minor Bite?

Even minor bites can have serious consequences, such as medical complications, lost wages, and mental anguish. You may still be able to receive compensation after a minor bite if you can prove that the dog owner was liable for the attack.

With the assistance of an experienced dog bite lawyer, you could recover compensation for the following losses:

  • Medical expenses related to the dog bite
  • Lost wages from time missed at work due to your injuries
  • Lower earning capacity if your injuries prevent you from returning to work
  • Pain and suffering
  • Emotional distress
  • Disfigurement
  • Loss of enjoyment of life

How Long Does It Take for a Dog Bite Settlement?

Some dog bite claims settle in as little as a few weeks, while others can take months or over a year to settle. The facts of the case, the severity of your injuries, and the insurer’s determination all affect this timeline. One important consideration is whether the dog has attacked in the past, which could make its owner liable for your injuries. In other cases, you must show that the dog’s owner was negligent to recover compensation.

According to Mississippi’s statute of limitations, dog bite victims must file a claim within three years of the date of injury. While three years might seem like a long time, it can take weeks or months to prepare a strong dog bite case. That’s why you need to act quickly after a dog bite and consult a skilled attorney immediately.

Talk to an Experienced Dog Bite Lawyer in Jackson, MS Today

Attorney Derek Hall understands the physical, emotional, and financial pain you may be experiencing. If you suffered a dog bite in Jackson, Mississippi, we want to help you hold the owner accountable and pursue an insurance claim against them on your behalf. Contact Derek L. Hall, PC today to speak with an experienced dog bite lawyer in Jackson at no cost or obligation.

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Wednesday, November 9, 2022

Adultery and Divorce in Mississippi

Adultery is a factor in many divorces — one that may impact alimony and even child custody agreements. If an adulterous relationship leads to the breakdown of your marriage, you should know what to expect as you move forward with divorce proceedings.

At Derek L. Hall, PC, our trusted divorce attorneys provide personalized, compassionate service to every client to help them confidently navigate their divorce. With over 25 years of experience, trial attorney Derek Hall is respected for his aggressive representation, track record of success, and knowledge of Mississippi divorce laws. Contact our firm today to discuss your case during a free consultation.

What Is Considered Adultery in Mississippi?

The term “adultery” is often used interchangeably with “cheating” or “infidelity.” However, adultery has a specific meaning in the context of a Mississippi divorce case. Under Mississippi law, adultery occurs when a legally married person has voluntary sexual intercourse with someone who is not their spouse.

It’s considered adultery whether the sexual contact occurs only once or multiple times. This means a spouse who has a one-night stand has committed the same offense as a spouse who participates in a years-long affair. Mississippi’s courts have ruled that divorcing spouses can establish that adultery occurred by demonstrating an “adulterous inclination” and the opportunities to act on that inclination.

Unlawful Cohabitation in Mississippi

Adultery laws in Mississippi also consider “unlawful cohabitation” as adultery. Unlawful cohabitation occurs when a married person lives with a romantic partner who is not their spouse.

This practice is illegal while spouses are legally married, even if they have separated. If one spouse files for divorce and the other spouse decides to move in with a new romantic partner before the divorce is finalized, they can face criminal charges for unlawful cohabitation.

Condonation of Adultery in Mississippi

Mississippi’s courts have also specified that adultery only occurs in the event of uncondoned extramarital sexual intercourse. In other words, a spouse who knowingly allows their spouse to engage in extramarital sex or forgives their spouse’s infidelity probably would not have grounds for a divorce based on adultery.

It is difficult to prove whether someone has forgiven or condoned another person’s behavior. Mississippi divorce courts look at certain factors that could suggest the condonation of adultery. For example, condonation may occur when someone learns of their spouse’s infidelity but continues to live in the same household and be intimate with them.

Can Adultery Affect Alimony Awards in Mississippi?

Adultery is not the only factor a judge considers when determining alimony awards in Mississippi. But it can impact these decisions in some circumstances. For instance, if an adulterous spouse spent large amounts from the couple’s savings on an affair, the court could factor the lost savings into subsequent alimony payments.

Judges do not award alimony to punish spouses for engaging in adultery. However, they must consider adultery in their determinations, along with other factors like:

  • Each spouse’s relative income and cost of living
  • Each spouse’s health, education, and earning capacity
  • The debts and assets in each spouse’s name
  • The length of the marriage and each spouse’s age
  • The presence of any minor children in the home
  • The fault or misconduct of either spouse, including adultery
  • The wasteful spending of money or assets by either spouse
  • The likely tax implications of the alimony order
  • Any other factors the judge determines are relevant

Will Adultery Impact Child Custody or Support?

Generally, adultery does not impact child custody or support orders in a Mississippi divorce case. But it depends on the circumstances. The primary consideration in any child custody or child support determination is always the child’s best interest. When marital fault does not directly impact a child’s well-being, courts do not usually consider it in custody or support rulings.

However, family courts will look at each parent’s ability and willingness to provide a safe and supportive environment for their children. For example, if one parent begins a relationship with a violent criminal or registered sex offender and exposes their child to this dangerous individual, the court could limit or deny custody of that parent.

Proving Adultery in a Mississippi Divorce Case

Adultery is often challenging to prove in a divorce case unless one spouse confesses to their infidelity or the other spouse definitively catches them in the act. Those who seek divorce in Mississippi on the grounds of adultery must prove that their spouse had both adulterous tendencies and opportunities to satisfy their tendencies, which may be possible with the following types of evidence:

  • Statements from eyewitnesses who saw adulterous encounters
  • Photos or video footage of individuals engaging in adultery
  • Bank statements and financial records of spending in support of the affair
  • Communication confirming their infidelity

What Are Other Grounds for Divorce in Mississippi?

Adultery is grounds for a fault-based divorce in Mississippi, which means the couple is seeking a divorce because one or both spouses committed some type of marital misconduct. The other primary kind of divorce, no-fault divorce, is only an option when couples agree to separate due to irreconcilable differences.

Other grounds for a fault-based divorce in Mississippi include the following:

  • Natural impotence
  • Criminal convictions and periods of incarceration
  • Intentional abandonment of one spouse by the other for at least one year
  • Habitual drunkenness or narcotics
  • Habitual cruel and inhumane treatment
  • Mental illnesses or intellectual disabilities that either spouse did not reveal at the time of the marriage
  • Pregnancy from an outside relationship that either spouse hides at the time of the marriage
  • Spouses related to each other
  • Institutionalization of a spouse for three years due to mental illness

When to Speak with an Experienced Divorce Lawyer

If you or your spouse has filed for divorce on the grounds of adultery in Mississippi, you should speak with an experienced divorce lawyer right away. At Derek L. Hall, PC, our attorneys can help you through this challenging and emotional time. Contact us today to learn more in a free initial case review.

Note: This post was originally published in October 2017, but was updated for accuracy and comprehensiveness in November 2022.

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Friday, November 4, 2022

How Will Mississippi’s Liability Laws Affect My Claim?

If you have been hurt in a traffic accident or another unfortunate incident in ​Mississippi, you probably have questions about the state’s liability laws and how they could affect your claim. The team at Derek L. Hall, PC is here to help you understand essential liability laws in Mississippi and how they may apply to your case. To learn more, contact us today for a free initial case review with a Mississippi personal injury lawyer. 

Overview of Mississippi’s Liability Laws

If you suspect you have grounds for an injury claim against another party in Mississippi, you should understand how the state’s liability laws could apply to your situation. Here are some fundamental Mississippi liability and personal injury laws and what they could mean for you:

Liability for Mississippi Car Accidents

Mississippi car accident laws follow the standard “at-fault” system for liability. Under this system, vehicle occupants, motorcyclists, bicyclists, and pedestrians who suffer injuries in traffic collisions have the right to seek compensation for their injuries from liable parties. Liable parties are those responsible for causing a car accident. They can include other road users, vehicle manufacturers, auto repair shops, and alcohol vendors.

Mississippi requires all motorists to carry certain minimum amounts of accident liability insurance, which pays for other people’s losses when the policyholder is at fault. If a motorist is liable for an accident in Mississippi, their auto liability insurance should cover any medical expenses or property damage other parties incur. Accident liability insurance minimums in Mississippi include:

  • At least $25,000 per person in bodily injury liability coverage
  • At least $50,000 per accident in bodily injury liability coverage
  • At least $25,000 per accident in property damage liability coverage

Premises Liability Law in Mississippi

Mississippi’s premises liability laws may apply to your case if you are injured in a slip-and-fall or other accident on someone’s property. When you visit someone’s property with the owner’s consent and for the mutual benefit of yourself and the owner, you are considered an “invitee.” Mississippi property owners may be liable for injuries if an invitee is harmed due to unsafe conditions on the premises without proper warning.

At the other end of the spectrum, a trespasser is someone who visits a property without the owner’s consent. Mississippi property owners are not responsible for trespasser injuries due to unsafe conditions. However, property owners may be liable for willful behavior causing trespasser injuries.

Liability for Mississippi Dog Bites and Animal Attacks

Like many states, Mississippi follows the “one-bite” standard concerning liability for injuries from dog bites and other animal attacks. Under the one-bite rule, pet owners are not strictly liable for bite injuries if their dogs have not bitten or acted aggressively toward another person or animal before. A victim can only hold a pet owner liable for bite injuries if they prove the owner knew or should have known their pet was dangerous.

Comparative Negligence in Mississippi

Mississippi follows a “pure comparative negligence” law when determining liability for accidents. Under this rule, accident victims can seek compensation for their injuries and other losses even if they are as much as 99 percent at fault for the accident.

However, the amount of money a person can recover from a personal injury lawsuit is reduced based on their assigned percentage of fault. For instance, suppose you are 10 percent at fault for a car accident that cost you $100,000 in medical expenses and other losses. You would be entitled to compensation for only 90 percent of your losses, or $90,000.

Government Liability in Mississippi

In some injury cases, a state or local government is the liable party. For example, you may be injured in a car crash on I-10 caused by missing road signs or poor road maintenance. In that case, you could seek to hold the Mississippi Department of Transportation or its employees liable in a government tort claim.

Remember that government tort claims are subject to strict deadlines and other non-standard filing requirements. If you believe you have a claim against a government entity, contact an experienced lawyer as soon as possible.

Time Limits for Personal Injury Lawsuits in Mississippi

If you want to hold another person, commercial entity, or government agency liable for your injuries, you must do it quickly. Mississippi’s statute of limitations only gives you three years to file most personal injury lawsuits in civil court.

The three-year time limit is important even if you don’t plan on suing because your ability to take the other party to court is your biggest bargaining chip in any settlement negotiation. A personal injury lawyer can help you identify critical case deadlines and handle your claim efficiently. 

Factors that Can Affect Your Personal Injury Claim

When you file a personal injury claim in Mississippi, any of the following factors may impact the value or timeline of the claim:

  • The nature of your injury, whether you suffer the injury in a car accident, slip-and-fall accident, dog bite attack, or some other incident
  • Who is liable for your injury, whether it is an individual, a commercial establishment, a product manufacturer, or a service provider
  • Your status as a visitor, if you suffer an injury on someone’s property
  • Your level of contributory negligence, if your behavior contributed to your injuries
  • When you file the injury claim, as you have only limited time to do so

How Can a Mississippi Personal Injury Lawyer Help You?

When you retain the services of a knowledgeable personal injury lawyer in Mississippi, you can count on them to help you by:

  • Explaining your legal rights and possible sources of compensation
  • Investigating your injury to identify liable parties and gather evidence
  • Communicating with insurance providers and other parties on your behalf
  • Obtaining medical records, accident reports, and other helpful evidence
  • Interviewing eyewitnesses and reliable experts for supporting testimony
  • Managing essential case documents and deadlines on your behalf
  • Filing insurance claims to demand the compensation you are owed
  • Taking your case to court, if you can not get fair compensation through insurance

Injured Due to Someone Else’s Negligence? Talk to Our Experienced Personal Injury Attorneys in Jackson, MS Now

If you have been injured by another party’s negligent behavior, you deserve fair compensation for your losses. Contact Derek L. Hall, PC today for a free consultation to learn more about what we can do to help.

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Wednesday, October 12, 2022

Understanding Physical and Legal Custody

If you and your partner or spouse have separated, one of the most important questions is who will have custody of your children. Custody is often divided into two categories – physical and legal custody – each involving different rights and obligations. It’s essential that you understand the differences between these two forms of custody as you begin determining a custody arrangement for your family. The legal team at Derek L. Hall, PC is here to help.

For over 25 years, attorney Derek Hall has advocated for clients in Jackson and throughout Mississippi. Our team understands how custody disputes affect an entire family, which is why we are committed to handling each case we take with compassion and care. When you choose our firm, you can expect a close working relationship with your attorney, prompt communication, and straightforward legal advice.

To learn more about legal custody vs. physical custody, contact our office for a free initial consultation with a family law attorney in Jackson, MS.

What Is Legal Custody?

A parent with legal custody of a child has the right to make significant decisions regarding the child’s upbringing, such as their education, health care, extracurricular activities, and religious or moral instruction. A parent can have legal custody of their child even if they do not live with them.

What Is Physical Custody?

A parent who has physical custody of a child has a right to have the child live with them. A parent with physical custody can make decisions regarding the child’s day-to-day life, such as mealtimes and playdates. Physical custody is not the same as visitation rights, which a court may award to the parent who does not have physical custody of the child — known as the non-custodial parent.

Joint Physical and Legal Custody

Courts often prefer for parents to have joint legal and physical custody so that children can have fulfilling relationships with both of their parents. In a joint physical custody arrangement, the child will live with both parents, often splitting their time evenly between the two households depending on the distance between the homes, their school schedule, and the parents’ work obligations. Sometimes, a child will reside with one parent most of the time and visit their other parent on weekends or during school vacations. No matter how time is split in a joint physical custody arrangement, the home where the child spends the most time may be deemed the primary residence for tax purposes or to determine where the child can attend school.

In a joint legal custody arrangement, both parents must agree on parenting decisions that affect a child’s life, such as where the child will go to school, which church they will attend, and other choices that impact the child’s quality of life. A parent can have legal custody even if they do not have physical custody.

Sole Legal and Physical Custody

When a parent has sole physical custody, their child resides only with them and not with the other parent. While the parent who does not have physical custody may be allowed to visit the child, they cannot take the child anywhere without the knowledge and consent of the parent with sole physical custody.

A parent with sole legal custody has the right to make significant decisions affecting the child without the other parent’s consent. However, the other parent may have the right to be notified about decisions and to provide input, even if the parent with sole legal custody ultimately gets to make the decisions regarding the child’s upbringing.

How Is Child Custody Determined in Mississippi?

When a court decides a child custody arrangement for a family, the court’s primary concern is ensuring that an agreement serves the child’s best interest. Making this determination requires evaluating multiple factors related to the family’s circumstances, including:

  • The child’s age and health
  • Each parent’s parenting skills
  • Which parent provided care before and during the separation
  • The stability of each parent’s home environment
  • The emotional ties the child has to each parent
  • The child’s educational and extracurricular or social needs
  • Each parent’s moral fitness
  • Each parent’s employment responsibilities and their ability to provide childcare
  • The physical and mental health of each parent
  • Whether a parent has attempted to interfere in their child’s relationship with their other parent
  • Whether a parent has a history of domestic violence
  • The preference of the child, if the child is mature enough to express a preference

Courts prefer to award joint custody when possible, as custody determinations operate under a presumption that both parents are equally entitled to custody. While some courts previously preferred to award custody to mothers in most cases, this is no longer common practice. Most courts will consider the child’s best interest above all else when making a determination.

How a Child Custody Attorney Can Help

Determining child custody can be complicated, particularly when co-parents do not get along. Fortunately, you don’t have to navigate the legal process alone. An experienced child custody attorney with Derek L. Hall, PC can help you get a favorable custody arrangement for you and your children by:

  • Listening to your concerns and explaining your rights and legal options
  • Investigating the circumstances of your case to gather helpful evidence that can be used during custody negotiations
  • Aggressively advocating on your behalf in court for a custody determination that fosters your relationship with your child
  • Filing motions and handling other necessary paperwork to enforce your rights under the custody agreement or order
  • Modifying the arrangement if your family experiences changed circumstances

Contact the Child Custody Lawyers in Jackson, MS at Derek L. Hall, PC for Help

If you need help with custody issues, reach out to the legal team at Derek L. Hall, PC. Our attorneys can listen to your concerns and advocate on your behalf for a custody arrangement that works for your family. Contact our firm for a free consultation with a family law attorney to learn more about your legal rights.

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Monday, August 15, 2022

Is Mississippi a Community Property State?

Dividing assets in a divorce can be a challenging and often-contentious process. You and your spouse may not always see eye-to-eye, causing stress and confusion during an already emotionally charged time. One of the most common questions we get at Derek L. Hall, PC is whether Mississippi is a community property state. In a community property state, spouses getting a divorce must generally split assets acquired during the marriage down the middle.

While divorce laws vary by state, there are only a handful of community property states in the U.S. And Mississippi is not one of them. So how are assets and property divided in the Magnolia State?

What Is an Equitable Distribution State?

If Mississippi is not a community property state, then how is property divided here? Technically, Mississippi is an equitable distribution state. The word “equitable” can be confusing, though. In terms of a divorce, equitable does not always mean splitting assets down the middle 50/50.

An equitable division of property means splitting assets in a way that is fair to both parties. For example, if one partner contributed more to the marital assets, they may be entitled to a larger share of those assets. Or if one spouse had to give up their education or career to care for children, they may need more financial security.

How Does Property Distribution Work in Mississippi?

When a divorced couple cannot agree on how assets or property should be divided, the court must intervene. A Mississippi court will generally begin by placing a monetary value on all assets and property. From there, the court will review each partner’s contribution to the marriage and begin dividing assets based on their view of what is fair to each spouse.

Courts will consider various factors to arrive at an equitable split between partners, including the following:

  • Each spouse’s contribution to the marriage
  • The market and emotional value of all assets and property
  • The value of the couple’s debts
  • Each spouse’s overall financial need
  • Tax and economic consequences of property division
  • Each spouse’s income level
  • Length of the marriage
  • What assets each spouse brought to the marriage

Property owned by a spouse before marriage or assets from an inheritance or gift can generally remain in control of that spouse if it was separate from the shared marital assets.

Contact the Family Lawyers at Derek L. Hall, PC to Handle Your Property Distribution Case

Unfortunately, what seems fair to your former spouse might not always seem fair to you. If you are considering divorce or have been served with papers, talk to an experienced Mississippi family law attorney about your situation as soon as possible.

At Derek L. Hall, PC, we can review your situation and help you protect what matters to you. For a confidential case review, contact our office today.

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Thursday, July 28, 2022

Who Gets the House in a Divorce in Mississippi?

When a married couple divorces, one of the most important questions they may face is which spouse gets to keep the marital home. Along with the sentimental attachment to your home, a house is a significant investment and asset. Finding a new place to live can also be an exhausting process, especially when it comes after a divorce.

The Mississippi divorce lawyers at the law offices of Derek L. Hall, PC can help you fight to keep your home in a divorce. Our extensive experience with Mississippi divorce laws gives us an advantage in protecting your rights and assets. Contact us today and learn more about our services during a free consultation.

How Are Assets Divided in a Divorce Case in Mississippi?

Mississippi is known as an equitable distribution state when it comes to dividing assets in a divorce. With equitable distribution, a divorcing couple must divide their shared assets fairly—but not always evenly. The spouses must only divide shared assets. Each spouse will keep property that belongs to them and wasn’t combined with their shared assets.

There are several factors the courts will take into account when dividing marital assets, such as the following:

  • The length of the marriage
  • Each spouse’s contributions to the marriage
  • Each spouse’s earnings and employment prospects
  • The market and emotional value of the asset
  • Which spouse will be responsible for providing for any children from the marriage
  • The potential tax consequences of how the assets will be divided
  • Whether one spouse will be paying alimony to the other

What Is Considered Marital Property in Mississippi?

Mississippi’s laws broadly define marital property as any property assets accumulated by either spouse through the duration of the marriage. If both spouses used or paid for some asset or property, it is considered marital property. However, any assets or property a spouse owned before the marriage remain their sole property if they were kept separate from the other spouse. A spouse may also keep any gifts or inheritances they received during the marriage that weren’t combined.

A shared home is generally marital property if both spouses used the home and have their name on the title. But dividing a house is difficult, so usually, only one spouse gets the house. The spouse who keeps the house may have to give up some other assets or “buy out” the other spouse’s share of the home.

How Much Property Can a Spouse Get During a Divorce?

A married couple’s shared assets must be divided “equitably” in a Mississippi divorce. However, the assets are not usually divided in a 50/50 split. Instead, the courts will fairly divide the assets while accounting for each spouse’s needs, their standard of living before the divorce, and other factors.

The limit on how much property one spouse can receive from a divorce depends on what assets are shared and what are separate. For example, if one spouse has a large inheritance they have kept separate from the couple’s shared finances, then that spouse would likely be able to keep that inheritance. But a house is nearly always a shared asset, so the couple or the courts must work out some way to divide it.

What If I Inherited the House Before Getting Married?

In some states, a court considers any assets owned by either spouse as “community property” and must equally divide, even a house inherited before marriage. However, Mississippi is not a community property state. If you inherited or purchased a home before your marriage and your name is the only one on the title, it would be considered separate property you can keep.

However, the courts may find that you have combined the house with your other marital assets if your spouse contributed to the house’s upkeep or made a significant investment in the house. In this case, your spouse would likely have a claim to the house you inherited or purchased before the marriage.

What Is the Difference Between Getting Custody and Ownership of a Property?

The difference between having custody of the property and owning it is subtle but crucial in Mississippi divorce cases. If you have custody of a property, you have control over and possess it, but do not own it yourself. Your spouse would still be entitled to their share of the proceeds if you sell the home because they still partially own it.

If a court awards you ownership of a property, you can do with it what you please. However, courts in Mississippi generally award spouses custody of a home and not ownership of it.

Should I Hire a Divorce Attorney to Help Fight for My Home in Mississippi?

Hiring a lawyer to represent you in a divorce means you have someone with legal training looking out for your interests throughout the process. Mississippi’s divorce laws can be difficult for you to navigate on your own, especially if your spouse has already hired legal counsel.

A compassionate divorce lawyer can help you by:

  • Filing paperwork correctly and on time
  • Handling communication with your spouse and their legal representation
  • Calculating all of your marriage assets
  • Advocating for your child custody, child support, and alimony
  • Negotiating on your behalf to pursue your desired results

Contact the Divorce Lawyers at Derek L. Hall, PC for a Free Consultation

If you are getting divorced in Mississippi, don’t give up your home without a fight. Contact Derek L. Hall, PC, today for a free consultation with a Mississippi divorce attorney about protecting your assets.

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Monday, July 4, 2022

Who Is Responsible for Avoiding a Collision Between Boats?

While most people are generally familiar with the rules of the road, fewer are familiar with the rules of the water. Boating rules provide general safety guidelines and boat operators’ responsibilities. This helpful guide to Mississippi’s boating laws will give you a better idea of who may be at fault in a boating accident and how you can avoid a potentially serious collision in the first place.

If you’ve been injured in a boat accident and someone else is to blame, the personal injury attorneys at Derek L. Hall, PC can investigate the incident and determine whether you could be owed compensation. Contact us today for a free consultation with an experienced boat accident lawyer in Jackson, MS.

Mississippi Boating Laws

While boating is a popular pastime, Mississippi waterways are not monitored the same way as roads. That’s why all boaters must follow state guidelines and Mississippi boating laws. Before you can launch a craft onto the water, you must have a valid Mississippi Certificate Number and visible validation decals.

Individuals born after 1980 are not legally allowed to operate a boat unless they pass a boating education course approved by the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP). Safety courses are offered at locations across the state. Listings can be found on the MDWFP website.

Once an individual passes an approved course, they must carry their certificate onboard their vessel whenever it is in operation. Children under the age of 12 must be with a certified individual at least 21 years of age while onboard a boat. Boat operators also cannot drive a boat while under the influence of alcohol or drugs.

Mississippi requires that all boats be outfitted with U.S. Coast Guard-approved personal flotation devices (PFDs), such as life jackets. One wearable PFD must be on board for every person on the boat. Minors 12 and under must be wearing a life jacket when the craft is in operation. Depending on their size, vessels may also be required to have safety features such as the following:

  • A fire extinguisher
  • An efficient sound device, such as a horn or bell
  • Flares or other visual distress signals

What Causes Most Boat Collisions?

Many of the same causes of car accidents also lead to boating accidents, such as carelessness, inattention, and other forms of negligence. More specifically, some of the main causes of boating accidents in Mississippi include the following:

  • Operating a boat while intoxicated
  • Operating a boat too fast for conditions
  • Distracted boating
  • Running out of fuel
  • Bad weather
  • Poor visibility or operating a boat at night

Many people operate their boats purely for recreation rather than as part of their jobs or transportation. However, that doesn’t mean boat operators can throw all caution to the wind when on the water. Paying attention to your surroundings and avoiding distractions is crucial for preventing the most common causes of boating accidents.

Who Is Responsible for Avoiding a Collision Between Boats?

All boat operators are responsible for maintaining control of their vessels and avoiding collisions with objects and other boats. It is every captain’s responsibility to operate their boat safely and responsibly. Boat operators should always be aware of their surroundings and have their full attention on driving the boat. Ultimately, responsibility for avoiding a collision between boats falls on the people operating them.

When meeting head-on, boats should pass each other on the port (left) side. If a boat is overtaking another vessel, the passing boat should offer a blast of their horn if passing on the starboard (right) side and two blasts on the port side. The boat being passed should stay on its current course and speed. The right of way should be yielded to the less maneuverable vessel.

How Can a Boat Operator Avoid Collisions?

Every person who drives a boat must know how to prevent boating accidents. The following tips can help boat operators avoid collisions with other vessels on the water:

  • Follow the rules of navigation
  • Pay close attention to your navigational aids
  • Maintain a clear line of sight
  • Appoint a trusted passenger as a lookout
  • Always operate your craft at safe speeds
  • Look in all directions before making a turn or changing course
  • Watch for other craft and floating debris
  • Pay attention to your local weather forecast before hitting the water
  • Avoid alcohol while operating your boat
  • Stay in the middle of marked channels
  • Keep a safe distance when approaching other vessels
  • Use caution around vessels towing skiers or other watercraft
  • Take a boating safety course regularly

As a boat operator, it is up to you to stay alert and watch for signs of potential danger. If a negligent boater hits your vessel, contact law enforcement and report the collision. Then, reach out to a Mississippi boat accident attorney to review your legal options.

Talk to an Experienced Boating Accident Lawyer in Jackson, MS for Help

If you are involved in a boating accident in Mississippi someone else caused, get in touch with a Mississippi boating accident attorney from Derek L. Hall, PC as soon as possible. You could be owed compensation for any injuries, medical bills, lost wages, and pain and suffering you’ve experienced. But you shouldn’t have to go through the personal injury claim process alone. We offer free initial consultations and work on a contingency fee basis. There’s no risk in learning how we can help.

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Wednesday, June 29, 2022

Mississippi Car Seat Laws

The Mississippi State Department of Health reports that one-third of children killed in car accidents are not restrained in a car seat, booster seat, or seat belt. As this makes safe car seats essential, many parents may ask: Do car seats need to be replaced after an accident?

Mississippi’s car seat laws are there to keep your child safe when you get behind the wheel. Contact Derek L. Hall, PC to learn more about how the state regulates children’s restraints and what to do after a car accident.

Car Seat Laws in Mississippi

Section 63-7-301 of the Mississippi Code requires every child under the age of four to be in a car seat that meets federal motor vehicle safety standards. Children between the ages of four and seven under four feet nine inches or weighing under 65 pounds should also be seated in a booster seat system that meets federal standards.

Can You Use a Car Seat After an Accident?

The National Highway Traffic Safety Administration (NHTSA) recommends replacing a car seat after any moderate to severe car crash. This is to make sure the seat continues to provide the maximum protection for a child passenger.

A car seat does not need to be replaced after a minor crash, which is defined as an accident where all of the following apply:

  • The vehicle could be driven from the accident scene.
  • The door next to the car seat was not damaged.
  • No occupants suffered any injuries.
  • The vehicle’s airbags did not deploy.
  • The car seat has no visible damage.

If all the above conditions do not apply, you should replace the car seat. When in doubt, refer to the car seat manufacturer for more details on when the car seat must be replaced.

Does Insurance Cover Car Seat Replacement After an Accident?

Insurance companies will often cover the cost of a new car seat after a crash, even if the accident qualifies as a minor accident. Insurers may also reimburse you for the full cost of a newly purchased car seat, even if you bought a different model or a bigger seat.

While some insurers will cover the cost of a new car seat after an accident without question, others may make it a little more difficult to obtain reimbursement. For example, they may request photographic evidence of damage to the car seat, a copy of the car seat manual that describes when the seat should be replaced, or a letter from the car seat manufacturer stating that the seat should be replaced.

Talk to an Experienced Car Accident Lawyer in Jackson, MS Today

If your infant or small child was injured in a car accident, get the legal help you need to recover compensation from the at-fault party. Contact Derek L. Hall, PC today for a free, no-obligation consultation with an experienced Jackson, MS car accident lawyer.

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Tuesday, June 14, 2022

How Long After a Hit-and-Run Will the Police Contact You?

Were you injured in a hit-and-run accident? Are you frustrated that the other driver fled the scene? After all, how can you get the compensation you’re owed if you don’t have the other driver’s insurance information? Even if you were able to get details like the car’s license plate number or make and model, you have to hope that the authorities can track down the wrongdoer. You might be left wondering how long after a hit-and-run the police will contact you.

The Mississippi car accident lawyers at Derek L. Hall, PC can help if you have been injured by a hit-and-run driver. Whether or not the driver is eventually found, we can explain your options for recovering compensation. We have more than two decades of personal injury experience and will defend your rights to the best of our ability. Contact us today for a free consultation.

Mississippi Hit-and-Run Laws

According to Section 63-3-401 of the Mississippi Code, any driver involved in an accident that results in injury or death must stop their vehicle as close to the accident scene as is safely possible. Anyone who flees the scene of an accident involving an injury or death can be punished by 30 days to 20 years in prison, depending on the severity of the injuries sustained by the driver who did not flee. The hit-and-run driver may also face a fine of $100 to $10,000.

Section 63-3-405 of the Mississippi Code states that any driver who injures another person in an accident must provide their name, address, and vehicle registration number. If asked, the driver must also show their license to the injured party. Drivers must provide reasonable assistance to anyone injured in an accident. Calling 911 is usually enough to satisfy this requirement of the law.

How Long After a Hit-and-Run Will the Police Contact You?

The length of time for the police’s hit-and-run investigation depends on one critical factor: how much information the police have about the other driver and their vehicle. If you were able to get detailed information on the other driver and their vehicle, the police will have more to work with and have a better chance of finding the other driver.

If you couldn’t get much information on the other driver or their vehicle before they fled, the odds of finding the other driver are not as good. You should still report the accident to the police and give them as much information as you can. But without much information to work with, they will likely have a hard time identifying and apprehending the other driver.

Unfortunately, there is no firm timeline for a hit-and-run accident investigation in Mississippi. Police can sometimes find hit-and-run drivers in just hours or days if you can give them the vehicle’s license plate number or other critical information. If they don’t have much evidence, finding the other driver may take several weeks or months. In many cases, hit-and-run drivers are never found.

As the police conduct their investigation, they should provide you with updates, generally within two to four weeks. However, when you receive the first update and how frequently you receive any subsequent updates will depend on factors like the particular department’s responsiveness, how busy they are with other cases, and whether they have any leads in your case.

How Do Police Find a Hit-and-Run Driver?

There are several methods police can use to find hit-and-run drivers, such as the following:

  • Reviewing surveillance footage from nearby traffic cameras or other nearby security systems
  • Checking the driver’s license plate number and comparing it to state records
  • Searching for the vehicle based on its color, make, and model
  • Looking for the driver based on their physical description
  • Gathering information from eyewitnesses, if there are any
  • Analyzing the damage to your vehicle and looking for corresponding damage on another car

How to Help in the Hit-and-Run Investigation Process

There are a few ways you can help police during a hit-and-run investigation, such as the following:

  • Write down anything you remember about the driver and their vehicle as soon as possible, as these details may fade in the days and weeks after the accident. Try to note the vehicle’s license plate number, color, make, and model.
  • Note any nearby traffic or surveillance cameras that may have recorded the accident.
  • Tell the police about any damage the other vehicle may have sustained, which may help them identify the car.
  • Ask any eyewitnesses who saw the accident to share any information they have with you and the police.
  • Let the police know about any additional details you remember after making the initial accident report.

Injured in a Mississippi Hit-and-Run? Talk to a Hit-and-Run Accident Lawyer in Jackson, MS

The Mississippi hit-and-run lawyers at Derek L. Hall, PC, know how aggravating these kinds of traffic collisions can be. We want to help you recover the money you’re owed. If the hit-and-run driver is eventually found, we can assist you with filing an insurance claim or personal injury lawsuit against them so you can hold them accountable for your injuries. If the other driver is not found, we can help you find other options to recover compensation, such as filing an uninsured motorist claim with your own insurer.

We may still be able to get compensation for you, even if the hit-and-run driver cannot be located. Want to know how? Contact Derek L. Hall, PC for a free consultation with a Mississippi car accident lawyer. Let us show you how we can get you more.

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Thursday, May 5, 2022

Tips for Increasing a Personal Injury Claim Settlement

Recovering from injuries isn’t something everyone can easily afford on their own. The medical bills stack up, making it more difficult if you can’t work while you recover. Your focus should be on your recovery, though, not how you’ll afford your medical care and take the time to heal.

If you were injured due to someone else’s negligence, you may be entitled to seek compensation from the responsible party. However, that’s easier said than done, especially to pursue the full compensation you need. An experienced lawyer can show you how to maximize your personal injury settlement, hopefully avoiding the stress and cost of a lawsuit.

The personal injury attorneys at Derek L. Hall, PC have 25 years of legal experience and a proven track record for helping accident victims. Here are our tips for increasing a personal injury claim settlement amount.

Factors to Maximize Your Personal Injury Settlement

When pursuing compensation, it’s important that you recover enough to cover your losses. Insurance companies are looking out for themselves, though. They want to settle with you for the least amount possible and will use any tricks they can. You’ll need to demonstrate the extent of your injuries and how your life has been affected to get maximum compensation.

After you’re injured in an accident caused by someone else’s negligence, you should follow these tips for increasing a personal injury claim settlement agreement:

  • Gather evidence on the scene — While on the scene, try to get photos and videos of the area, your injuries, and anything that could have caused the accident. Get the contact information for any witnesses in case you need their testimony for your case.
  • See a doctor — Even if you don’t think your injuries are serious, you should still get medical attention as soon as possible. Your symptoms may worsen, or you may have other injuries that aren’t obvious yet. Continue all medical treatment until you’re fully recovered.
  • Collect and keep all evidence to support your claim — Your medical records, receipts, pay stubs, and other evidence will be essential to your case. While you’re recovering, you should also document your pain, emotional stress, and treatment effects in a journal. These can all help you calculate your losses and show why you need the compensation.
  • Don’t talk to the insurance companies — It may seem illogical not to speak to the insurance company when they’re the one you want to settle with. However, talking to them without an attorney puts you at risk of saying something they can hold against you, even if it seems innocent.
  • Contact a personal injury lawyer — Pursuing a personal injury claim isn’t easy. There’s evidence to gather, insurance companies to communicate with, and losses to calculate. An experienced attorney can help you negotiate for maximum compensation and fight the insurance company’s tactics.

Contact a Personal Injury Claim Settlement Attorney Today

If you’ve suffered an injury because of someone else’s negligence, you shouldn’t have to suffer the financial consequences, too. Our compassionate personal injury lawyers can review your case and show you how to increase your settlement value so you get the financial recovery you deserve. Call or contact us online today for a free consultation.

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Monday, April 4, 2022

How To Get Someone’s Car Insurance Information After a Crash

If you’ve been involved in a car accident, one of the most important steps is to get the other driver’s insurance information. It will be much more difficult to recover any compensation for your injuries without this information.

However, if you’ve never had to ask someone for their insurance information before, it can be intimidating. It’s crucial you do everything you can to get the necessary information from the other driver. That’s why the personal injury attorneys at Derek L. Hall, PC are here to explain how to get insurance information after an accident.

Why Is It Important To Get the Other Driver’s Insurance Information After a Crash?

When you are looking to recover compensation for your injuries after a car accident, the compensation you receive will usually come through an insurance claim. But before you can file a claim against the other driver’s insurance company, you need a few key pieces of information from them, namely their:

  • Name, address, and driver’s license number
  • Insurance company and policy number
  • Vehicle registration number and license plate number

Without this information, you will have a much harder time reaching the other driver and filing a claim with their insurance company. This could leave you having to pay your medical bills and cover your other expenses all on your own.

Mississippi law also requires all drivers to exchange certain information after an accident where someone was injured or property was damaged. If you don’t exchange the necessary information with the other driver, you are technically committing a crime.

How Can I Get the Other Driver’s Insurance Information After an Accident?

The easiest way to get the other driver’s information after a car accident is to ask them for it. However, it’s important to be polite when you ask the other driver for their information. Being rude could cause them to deny you the information you need. You should also give them your insurance information, even if the other driver is at fault for the accident.

If the other driver refuses to give you their insurance information or says they don’t have insurance, get what information you can from them, and then call the police. It’s a crime to drive in Mississippi without auto insurance, and it’s illegal not to exchange certain information after a crash where someone was injured. If the driver tries to flee the scene, write down their license plate number and alert the authorities.

What Insurance Information Is Exchanged After Car Accidents?

Mississippi law also outlines what insurance information you need to give after an accident. The state requires all drivers involved in any crash where someone was injured to exchange the following information:

  • Their name
  • Their address
  • The registration number for their vehicle
  • If asked, their driver’s license number

This information is good to have, but you need a bit more to avoid any issues when you file an insurance claim. Once you have the information required under state law, ask the other driver for the name of their insurer and their insurance policy number. It’s also a good idea to get the license plate number from the other vehicle.

Contact an Experienced Car Accident Attorney in Jackson, MS

Are you having trouble getting the information you need to file an insurance claim after a car accident? Contact the law offices of Derek L. Hall, PC today for a free consultation with a Jackson, MS car accident lawyer.

 

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Friday, February 25, 2022

How Can You Tell If a Truck Is Overloaded?

Mississippi trucking companies and the drivers they employ are subject to restrictions governing the maximum weight they can carry and how they must secure their cargo. When overloaded trucks are on the road, they put everyone at risk. But how can you tell if a truck is overloaded? Here, we’ll discuss the signs and what happens when a vehicle is overloaded.

Signs a Truck Is Overloaded

Not everyone is an expert on truck cargo, so how are you supposed to tell when a truck is overloaded? To know when a truck driver is dealing with more than they can safely handle, keep an eye out for the following signs:

  • The cargo is wider than the trailer or taller than the truck If you can see pieces of cargo bulging off the sides or back of the trailer or on top of the truck, it’s likely carrying more cargo than it’s designed to hold.
  • The driver is having difficulty steering straight When trucks are overloaded, the excess weight can interfere with traction and control. Drivers of overloaded trucks often appear to have trouble driving in a straight line or recovering control after avoiding road obstacles.
  • The driver is having difficulty slowing down – Heavier trucks take longer to slow down. If you notice the truck driver is braking but taking a long time to slow down, they may have an overloaded truck.
  • The suspension is straining to keep up – When a truck operates within its normal weight limits, suspension springs compress and expand to absorb impacts from bumps in the road. If a truck is overloaded, you may notice that the truck doesn’t seem to bounce back as much after hitting bumps or potholes.

What Are the Dangers of an Overloaded Truck?

When supply haulers ignore federal cargo weight limits or residential movers have overloaded moving trucks, they increase their risk for the following:

  • Rollover accidents – A rollover accident occurs when a truck tilts too far in one direction and rolls over onto its side or roof. Overloaded trucks are prone to swaying and harder to control, making rollover accidents especially likely.
  • Jackknifing – A jackknife accident occurs when the trailer end of a tractor-trailer folds in toward the cab, much like a closing pocketknife or jackknife. When a truck is overloaded, the resulting loss of traction and control significantly increases the chances of jackknifing.
  • Brake or tire failure When trucks are overloaded, their tires and brake systems are subjected to additional strain. This can accelerate wear and tear, raising the risk of brake or tire failure while the overloaded truck is in transit.
  • Inclement weather accidents – Drivers of overloaded trucks often face substantial losses in traction control, which can get even worse in inclement weather. When roads are wet, icy, or otherwise slick, drivers of overloaded trucks are particularly likely to lose control or even spin out.

Injured in an Accident with an Overloaded Truck? Call Derek L. Hall, PC Today

If you have been injured in an overloaded truck accident, the Mississippi personal injury attorneys of Derek L. Hall, PC can help you seek fair compensation and get back on your feet. Contact our overloaded truck accident lawyers today to learn more about your legal options in a free, initial consultation.

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Monday, January 31, 2022

Is Mississippi a no fault state?

Mississippi has some of the most dangerous roads in the U.S., ranking near the top of motor vehicle accident fatalities per capita. According to the Insurance Institute for Highway Safety, in 2019, Mississippi saw a total of 581 fatal motor vehicle accidents, with 643 people killed in those accidents.

Given the risks of driving on Mississippi roads, drivers should familiarize themselves with its insurance rules. In particular, drivers should learn whether or not Mississippi is considered a “no-fault” state for insurance purposes.

Why You Should Care If Mississippi Is a No-Fault State

In a “no-fault” state, auto insurance policies must provide personal injury protection or medical payments coverage to drivers and their passengers when they are injured in a car accident.

The no-fault system requires motorists and passengers to turn to their own insurance for compensation before holding the at-fault driver responsible. In addition, many no-fault states limit what an auto accident victim can be compensated for in a car accident claim unless they have suffered “significant” injury or pay higher insurance premiums.

However, Mississippi is instead considered an “at-fault” or “tort” state. This means that if you are injured in a car accident in Mississippi that another driver caused, you can seek full compensation from the at-fault driver and their insurance company for:

  • Medical bills
  • Past and future lost wages and earnings
  • Pain and suffering or lost quality of life

In addition, auto insurance often costs less in at-fault states like Mississippi compared to no-fault states. In no-fault states, drivers effectively bear all or some of the cost of their own injuries even when another driver caused the accident.

Do I Need to Report a Car Accident in Mississippi?

In Mississippi, drivers involved in a car accident are required to report an accident to the police for the following reasons:

  • The accident either involved more than $500 of vehicle or property damage
  • Someone was injured or killed in the accident

Calling the police to the scene of the accident is sufficient to fulfill the reporting obligation. Although, if the police are not called, the drivers must file a written accident report within ten days.

Mississippi’s Penalties for Driving without Insurance

Under Mississippi law, every driver is required to carry a minimum amount of liability insurance coverage, which could be used to compensate those who’ve been injured in collisions. If a driver is caught without the legally required insurance minimums, they could be cited for a misdemeanor offense.

and face penalties that include a fine of up to $1,000 as well as a driver’s license suspension of up to one year. Drivers will also need to provide proof of auto liability insurance and pay DMV reinstatement and renewal fees before their license is reinstated.

Talk to Our Experienced Injury and Accident Attorneys at Derek L. Hall, P.C. in Jackson, MI Today

If you have been injured in a car accident, contact the Jackson personal injury attorneys at Derek L. Hall, P.C. for help. We’ll provide you with a free, no-obligation consultation to discuss your accident and your legal options.

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Friday, January 14, 2022

What to Do After a Mississippi Truck Accident

Truck accidents ruin the lives of thousands of people nationwide every year, including in Mississippi. The Federal Motor Carrier Safety Administration (FMCSA) says there were close to 4,500 fatal truck accidents across the country in one recent year, along with 114,000 crashes where someone suffered an injury.

Collisions between trucks and other vehicles frequently result in severe injuries, so it’s essential to take steps immediately to get the help you need and protect your right to seek compensation.

What to Do After a Truck Accident in Mississippi

Here’s what you need to do to protect yourself and your rights if you’re involved in a truck accident in Mississippi:

  • Call 911. Trucks often inflict major injuries in accidents because of their large size and weight. Even if your injuries seem minor at first, call 911 right away to bring police and emergency medical personnel to the scene. The police will investigate the crash and file a truck accident report you can use later on. Medical personnel may also evaluate you for any potentially serious injuries, including ones that haven’t yet shown symptoms.
  • Get the necessary information from the truck driver. To file an insurance claim or personal injury lawsuit after a truck accident, you’ll need certain information from the truck driver. This includes their name, contact information, commercial driver’s license number, personal auto insurance information, and their employer’s name and commercial auto insurance information. Without this information, it will be much harder for you to recover compensation for your injuries.
  • Document the crash scene. Before leaving the scene of a truck accident, take a few moments to document what happened as best you can. If your injuries aren’t too severe, take pictures of the damage to your vehicle, damage to the truck, any injuries you sustained, and the area around the crash site.
  • See a doctor. Chances are, medical personnel will bring you to a hospital after a truck accident for a more thorough medical evaluation. If not, see your doctor as soon as possible. You may have major internal injuries that haven’t fully manifested and require emergency medical treatment. Your doctor can also help you document all the injuries you’ve suffered.
  • Save all your medical records. Your medical records are crucial when it comes to recovering compensation for your injuries in a Mississippi truck accident. Be sure to hold on to them.
  • Don’t talk to any insurance adjusters until you’ve spoken to a lawyer. Insurance adjusters play a key role when it comes to claiming compensation after a truck accident, so you need to be careful about what information you give them. Your best bet is to say nothing and let an attorney handle all communications with the various insurance companies.
  • Don’t say anything on social media. Anything you say about a truck accident, regardless of the audience, can potentially come back to bite you when you claim compensation. Because of this, it’s in your best interest to avoid posting information on social media until your case is resolved.
  • Hire a Mississippi truck accident lawyer. An experienced truck accident attorney can help you pursue full compensation for your injuries and the different financial and personal losses you suffered in the truck accident.

Talk to Our Experienced Truck Accident Attorneys in Jackson, MS Today

Still have questions about what to do after a Mississippi truck accident? We are here to help.

Contact the law offices of Derek L. Hall, PC, today for a free initial consultation.

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