Often, personal injury lawsuits are brought under a theory of negligence. This means that a plaintiff will need to prove by a preponderance of the evidence that the defendant owed a reasonable duty of care to the plaintiff, but the defendant did not meet the reasonable duty of care, and the accident resulted. If you are able to establish liability, you should be able to recover compensatory damages. Compensatory damages are intended to make you whole, and they can include both economic losses and noneconomic losses. Our personal injury attorneys help Mississippi residents fight for all of the damages that they deserve.
Car accidents are traumatic events. Often, they are caused by a driver’s negligence. They may be caused by behaviors such as drunk driving, recklessness, speeding, failing to follow traffic signals, or distracted driving, such as texting while driving. Car accident injuries can include spinal cord damage, brain injuries, whiplash, amputations, and broken bones, among other injuries. Insurers sometimes deny car accident claims or pay out meager settlements to make claimants go away. It is important to retain a skillful attorney rather than simply accepting an offer from your insurer or another driver’s insurer.
Truck Accidents Truck accident cases are different from car accident cases. Often, they are more complicated, and a trucking company may mount an aggressive defense to try to avoid liability. It is important to retain an experienced attorney who will examine all of the factors that may have caused the accident, such as truck driver negligence, negligent hiring, negligent training, negligent supervision, mechanical failures, negligent repairs or maintenance, and defective truck components. A skillful Mississippi personal injury attorney will examine the truck driver’s log book and the truck’s black box, which can contain important evidence about what caused the accident. Sometimes there are multiple factors to blame for an accident, and it may be necessary to bring multiple parties into the lawsuit.
Motorcycle Accidents Motorcycle accidents can cause grave disabilities or death. Usually, there is no buffer between the motorcyclist and the concrete or the force of a collision. A little over half of motorcycle fatalities result from a collision with another vehicle that may have been driven by a negligent driver. It may be necessary to establish negligence in order to recover compensatory damages for serious injuries. Common motorcycle accident injuries include broken limbs, traumatic brain injuries, burns, whiplash, paralysis, lacerations, internal injuries, and spinal cord injuries.
Product Liability Manufacturers should make their products as safe as they can, but many consumers are injured or killed by defective products each year. Sometimes companies put profits ahead of safety concerns. Some common product liability claims include those arising out of defective medical devices, dangerous drugs, defective car or truck parts, and defective sports equipment. Actionable defects include design defects, manufacturing defects, and marketing defects. In order to prevail in a product liability claim, a personal injury lawyer in Mississippi would need to establish that you were injured by a defective product, the defect caused your injuries, and you used the product as it was intended.
Premises Liability Property owners owe a duty to visitors to keep their property reasonably safe. Whether you slipped and fell on a puddle in a grocery store, or you fell from the balcony of a bed and breakfast because of decaying beams, you may be entitled to compensation for your injuries. Other common grounds for a premises liability action can include dog bites, improper maintenance, inadequate security, fires and explosions, or dangerous substances. Generally, in order to recover damages, you will need to show that the property owner’s negligence caused your injuries. You will likely need to show either that the property owner had actual notice of the dangerous condition that caused your injuries but did not warn about or repair it, or that the dangerous condition that caused your injuries lasted long enough to impute constructive knowledge to the property owner.
Medical Malpractice People trust doctors and nurses. Unfortunately, a medical professional’s error can have devastating consequences for a patient. Not every mistake made by a doctor or nurse constitutes medical malpractice. To establish medical malpractice, your Mississippi personal injury lawyer will need to show a breach of the professional duty of care, causation, and damages. Breaches in the professional duty of care could include a failure to diagnose, a failure to properly treat, a misdiagnosis, or a surgical error. If you suspect that a health care professional’s negligence caused you harm, you should consult an experienced medical malpractice attorney. Our firm has been dubbed “Leaders in Medical Malpractice” by Newsweek magazine.
Wrongful Death It is devastating to lose a loved one, particularly when a loved one was killed by another party’s carelessness. However, in addition to your grief, you may have practical concerns after the death of a loved one. For example, you may be worried about how you will pay your mortgage or take care of your kids after losing your deceased spouse’s income. Under Mississippi Code section 11-7-13, a wrongful death is a death caused by a wrongful or negligent omission or act, an unsafe appliance or machinery, or a breach of a warranty of fitness of an item intended for human consumption. If you lose a loved one because of another party’s negligence, you can bring a wrongful death lawsuit to seek damages. Our personal injury attorneys compassionately guide Mississippi families through these claims.
Insurance Bad Faith If there is a disaster, you trust your insurance company to pay any benefits that are due. You only purchase insurance in case of unexpected events, whether they are accidents, illnesses, or natural disasters. However, some insurers put profits ahead of their policy holders and may use unfair tactics to try to avoid paying claims. They may reject a claim without a legal or factual basis to do so. They may offer lower settlements than are appropriate under the circumstances. Our firm handles insurance bad faith claims and claims of misconduct, such as breach of contract, fraud or malice, and wrongful refusal to pay benefits.
Workers' Compensation Some jobs are more dangerous than others, but any worker can be injured on the job. You may be entitled to benefits through the workers’ compensation system if you suffer a job-related injury. Job-related injuries can arise from slip and falls, electrical shocks, repetitive motions, heavy lifting, machinery malfunctions, or traumatic events. Benefits to which you may be entitled after suffering a job-related injury include medical bills, replacement wages, disability benefits, rehabilitation, and more. Our firm has years of experience bringing workers’ compensation claims.
Criminal Defense Criminal charges can be terrifying because they may involve the prospect of losing your liberty and paying steep fines. Often, a conviction carries a significant stigma that can affect your ability to get a job or housing. Our firm handles the defense of DUI, sex offenses, drug crimes, violent crimes, theft, and Internet crimes. While crimes must be proven beyond a reasonable doubt, it is wise to retain counsel as soon as possible. Often, by the time that you are arrested, the police have already started to gather evidence for the prosecutor to build their case, and it is important to retain a criminal defense attorney who can protect your constitutional rights and determine which substantive defenses may apply.
Consult a Skillful Mississippi Attorney to Protect Your Legal Rights At Kobs & Philley, PLLC, our attorneys pride themselves on building strong relationships with clients. We offer personal attention and limit our caseloads to better provide excellent service to each client. Serving people in Jackson, Ridgeland, and other areas of Mississippi, our knowledgeable personal injury lawyers will take the time to understand the unique details of your case in order to prepare as thoroughly as possible. Call us at (601) 856-7800 or contact us online to set up a free consultation.
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