The death of a loved one is never easy, but speaking with a Wrongful Death Attorney can answer questions you may have about a death in Mississippi. Any death comes with its own set of issues, but an untimely death that is a result of someone else’s wrongdoing makes tings that much harder to bear.
An estate will need to be opened in order to make some of the claims involved with the death, while the wrongful death beneficiaries can bring claims outside of the estate for some other aspects of the claim.
Any claim for wrongful death damages will include a request for the loss of the relationship, emotional damages and the lost wages over the lifetime of the deceased individual. Specialists in psychiatry and economics can ensure that an entire recovery is possible in the claim. Our firm works to line these experts up and provide them with the information they need to make clear the entire value of a wrongful death claim.
The process of retaining a wrongful death attorney can answer many questions and simplify the process of making a claim. Free consultations are always available and are given with no obligation. Answering your questions and giving you a plan moving forward is our goal.
Finance Fraud involves lending institutions which typically target the most vulnerable people in society.
These lenders are commonly referred to as “Predatory Lenders” and target minorities, the economically disadvantaged and the uneducated in an effort to realize huge profits. These lenders charge the borrowers higher rates of interest, require credit insurance products, require exorbitant up-front fees and include prepayment penalties. Most Predatory Lenders require the customer to purchase unnecessary credit insurance products. Additionally, these insurance products are grossly overpriced and essentially worthless to the consumer.
These companies engage in a practice known as “flipping” which involves a borrower constantly being flipped from one loan to another. This practice is extremely profitable to the lender, but devastating to the borrower’s ability to ever pay off the loan.
Another “predatory” practice known as “packing” involves unnecessary property, life and/or disability insurance being placed on the loan for no other reason, except the increased profit.
Another practice of the financial industry is known as “equity stripping” which involves a scheme to get the equity in your home pledged to a high risk separate loan, resulting in consumers losing their homes.
Often in our world there are situations where products and medications reach the market without an appropriate amount of testing. When these products injure those who use them or take the medication there may be a claim against the manufacturer, source or retailer of a product for any damages caused by the defective product. These products range widely between food, medications, real estate and any other consumer product. The person who sues can be any user of the product, not just the original purchaser. Product liability when products are manufactured incorrectly or are created with a defect.
Sometimes, after an injury it becomes clear that the injured person used the product in a way that was not intended,, that was warned against or was caused by alterations made to the original product. If this is the case, and this is the reason for the issues with the product, it may weaken a products case.
If the producer of the product had been negligent in their production of the product there may be a claim for damages. Negligent testing in the production or development of a product or in warning about the dangers of the product can be claims that are worthy of filing. Each product sold has a implied warranty that it is fit for the use that it was created for, if there is a failure, it may very well be a claim. The responsible parties may be any entity that is in control of the product prior to the failure.
Many products have warnings attached to them to make the dangers of using that product clear. If these warnings are insufficient or nonexistent then there may be a claim for damages. Failing to provide these warnings can cause even a normal product to become deadly.
If a product has a design defect then the product’s defect will be present in each product because the product is created with the defect in place. The flip side of this is when the product is assembled improperly making it dangerous. If it is proved that the defect was present at manufacture there may be a claim.
If you have a potential claim for product liability, contact our firm for a free consultation. We may need to see the entirety of the warning documentation, proof of purchase and medical records.
Give statements. Just as in criminal matters when you give a statement it may be used against you later, but your statement will likely NOT be of any use in the matter. Tips when you have been injured.
Do not make definitive statements about your medical history unless you are certain of your answer. If you are hazy or don’t remember completely, explain that rather than making a blanket statement.
Do not move or quit your job without providing this information to your attorney.
Tips When You Have Been Injured:
Be sure to always provide an updated set of contact information to your attorney.
Take pictures: of your injuries, of the scene of the wreck, of the vehicle.
Records: if you receive bills or records from your physician provide us with this information for our file.
Inform us of any changes at work, any change in your restrictions, salary etc.
Send us paperwork you receive from any source.
Be sure to provide your physician detailed information concerning your injuries, when they started and the type of pain you are experiencing.
Five BIG MISTAKES injured people make:
Saying they are “OK” when they are in pain.
Not seeing the doctor when in pain.
Skipping scheduled doctor’s appointments.
Talking about your injuries or your wreck to anyone who is not your attorney or doctor.
Failing to fully describe your injuries, type of pain or accident to the Physician who is treating you.
We hear complaints from potential clients in Medical Malpractice lawsuits that they believe that their healthcare provider has Changed Medical Records in Mississippi. This is a serious allegation but there are certain safeguards in place in Mississippi to ensure that medical records are not altered in the hospital setting.
Under new federal regulations, hospitals have started upgrading their record keeping systems to digital medical records. A part of any digital medical record is called an audit trail. A digital audit trail can ensure that medical records are not changed by providing a record of when a medical record was viewed, edited and how it was edited. This information is available in certain instances, but will require an attorney to make a specific request for this information.
In the law it is often the case that in order to use evidence that a showing that the evidence has been preserved, and not been changed is required. This should be the case with medical records to ensure that changed medical records are not introduced into evidence and relied upon as a true accounting of what was recorded at the time. These assurances are important when there is an allegation that a mistake was made by a doctor or nurse in the hospital. Any change in the audit trail of medical records should be considered suspect and individuals with a technical background can request this type of record and interpret those documents that are produced.
If you or a loved one has been seriously injured as a result of a mistake by a doctor or nurse, our attorneys are ready to discuss your case and what options you may have.
In Mississippi when a person buys an insurance policy both parties agree to abide by rules. The insurance company agrees that it will investigate and pay valid claims and not delay or deny valid claims. When an insurance company breaks the rules and does not pay real and legitimate claims then there may be a claim for Bad Faith in Mississippi.When Insurance companies lie or cheat they may also be found to be guilty of bad faith when they lie about the existence of an insurance policy (life insurance, auto insurance), cheat the policyholder about the amount of the policy or offer a number that is far below the amount of the medical bills or damages of the claim.
No Takebacks: Honesty really is the best policy.
The terms of the insurance policy and the law of Mississippi will outline other things that an insurance company agrees to do. Most insurance policies include providing an attorney when a policyholder is sued by another party, or pay a valid claim made by another party against the insured. Being fair in assessing damages, and putting the interests of the policyholder before the interests of the insurance company are other important parts of the agreement between an Insurance company and policyholder. Insurance companies agree to investigate and pay claims against its insureds. If any of the above duties has been broken by your insurance company you may benefit from a one on one consultation with a Mississippi Insurance Attorney. Our attorneys are available digitally 24 hours a day to chat and our initial consultations and case evaluations are always free.
The actual insurance policy in effect at the time of the incident will be what is used in court. Often these policies change year to year and include new language to clarify the insurance company’s ability to deny certain claims. Whatever the language of the policy, Mississippi law provides that insurance policies will follow what an insured party reasonably expects the insurance policy to cover. The language of the policy will ultimately be considered but if the policy language is not clear, or could be read several different ways the interpretation favoring the policyholder (insured) will prevail.
Expungements are available in limited situations in Mississippi. An expungement is a process by which the Court is allowed to clear an individual’s record of a conviction which would otherwise be on their permanent record. After an expungement the record of this conviction is only kept to check if an offense is a first-time offense. Much attention has been paid recently to the Expungement of first-time driving under the influence charges (DUI) in Mississippi (Mississippi DUI Expungement).
Mississippi Legislature House Bill 412 was signed into law in 2014 and allows for the expungement of first time DUI’s when certain conditions are met.
Starting October 1, 2014, Mississippi DUI Expungement is possible when:
– The individual was convicted under Miss. Code §63-11-30(2) or (3)
– At least 5 years after the successful completion of the terms and conditions placed on the sentence
– the person does not hold a commercial driver’s license (CDL),
– the person did not refuse to submit to a blood or breathalyzer test,
– the person’s blood alcohol concentration (BAC) tested below .16% if test results are available, and w
– there is some reason the person can provide the Court of why the conviction should be expunged.
If you would like to talk to an attorney concerning if you may be eligable for Mississippi DUI Expungement, call our Attorneys at 601-272-2406 or Click here.
Additionally in Mississippi the following can be expunged:
– First Offense Misdemeanors (no traffic violations) Miss. Code § 99-19-71
– Further Misdemeanors in municipal court (if the person is shown to have learned their lesson, has good conduct for two years since last conviction, good for society).
– After nonadjudication, dismissal, or retirement of case to file. (charge can be expunged after case dismissed)
– Expungement of Minor in Possession conviction (1 year after dismissal or completion of sentence or payment of fine) Miss. Code § 67-3-70.
– Felony Expungement for bad checks, possession of a controlled substance, false pretense, larceny, malicious mischief, felonies committed under the age of 18.
Traumatic brain injury, is typically caused when the head receives a blow or the skull hits a solid object. These injuries are often abbreviated TBI and the forces involved involve forward and back strain as well as twisting type strain due to the combination of solid and soft tissues in the cranium. When the brain and body are moving in a certain direction at speed and then stop quickly the brain tends to keep moving and pushes against the side of the skull. The effects of Brain Damaging Injuries in Mississippi can include unconsciousness, concussive type symptoms but do not always manifest themselves in this way. Often individuals get up and walk away from the initial blow but continue on with worsening symptoms that if untreated may only worsen. Even small impacts can cause bruising or swelling in the brain and if any of the blood supply in the brain begins to bleed an individual may be in serious danger.
A blow to the head that cracks or fractures the skull can come with its own set of dangers, but typically the level of pain in these injuries sees the injured parties getting more immediate attention. It is non-treatment of head injuries that leads into more serious danger as swelling, strokes and additional injury can occur because of the lack of attention paid to them. Keeping a close watch on an individual after any head injury is a good idea, and could even save their life. Early treatment is the name of the game and is always preferred to “wait and see.” Treatment is always recommended if there is any question whether a TBI has occurred.
Brain Injuries are serious and sometimes critical injuries involving tissue that can be easily, permanently damaged. After effects of a Traumatic Brain Injury include nerve damage, seizure disorders, memory loss, loss of muscle control, and most other disabilities. Sometimes the symptoms of a brain injury are difficult to spot and can be as simple as the subject getting angry more frequently. These types of brain injuries change individuals lives and inhibit victims in ways they never thought possible.
In Mississippi wonderful resources exist, including the Brain Injury Association of Mississippi which can be found at: http://www.msbia.org/ This organization is a wonderful resource for families of people with brain damaging injuries in Mississippi.