July 28th, 2015
A recent ATV accident in Pass Christian has claimed the life of one boy and has injured another. The thirteen year old boy who died in the accident had sustained blunt-force trauma to his head. This tragedy has shaken the entire community, and has brought the issue of ATV safety to the forefront.
ATVs are popular, in Mississippi and elsewhere. They have both recreational and practical uses, and they can be safe if riders wear helmets and ride properly. ATV accidents can cause many different types of injuries. Head injuries, including traumatic brain injuries, are very common in ATV accidents because of the high likelihood of ejection. The risk of ejection has been reduced somewhat, because some of the newer ATVs on the market are equipped with seatbelts. ATV accident victims can also suffer spinal cord injuries, paralysis, neck injuries, facial injuries, spinal cord injuries, and broken bones. Unfortunately, because ATV riders and their passengers can be injured so seriously, fatalities are not uncommon, especially when riders or passengers are not wearing helmets.
Just as there are a variety of injuries associated with ATV accidents, there are many things that can cause ATV accidents. Alcohol is a leading cause of ATV accidents, which is not surprising since alcohol slows riders’ reaction times and impairs their judgment. Other ATV accidents are caused by riders who are inexperienced, or by those who are too young to be able to operate them safely. Sometimes, even experienced riders can get into trouble when they ride too fast or operate ATVs in an unsafe way. Challenging or unfamiliar terrain, unexpected obstacles, and defective ATV design or repair are other things which may cause ATV accidents.
When ATV accidents happen, accident victims who survive may be left with serious injuries that could involve a lengthy recovery. This can add financial strain to the physical pain that they are experiencing, especially if they have to be out of the workplace for any length of time. The sudden and unexpected nature of ATV accidents can leave families struggling to cope with the loss of a loved one while trying to manage funeral expenses, lost wages, and other costs associated with their loss.
Fortunately, ATV accident victims and families who have lost loved ones in ATV accidents can often recover for their injuries or loss. There are a few parties who may be fully or partially responsible for the injuries or death caused by any given ATV accident. For example, an ATV owner may have been negligent in some way, such as failing to maintain it in a safe condition. The person who was operating the ATV at the time of the accident may also be responsible for some or all of the injuries and damages caused by the crash. In some cases, land owners, ATV manufacturers, and companies that make parts for ATVs may be responsible for some or all of the injuries or losses related to the accident.
Giddens Law Firm, P.A.: Representing Mississippi ATV Accident Victims and Their Families
ATV accidents can cause serious injury or death. If you have lost someone you love to an ATV accident, or if you were injured in an ATV accident, the Mississippi Personal Injury Attorneys at the Giddens Law Firm, P.A. are here to help you. Please call our office today, at (601) 355-2022, to learn more.
July 23rd, 2015
When a person is physically injured at work, it is likely that they will receive worker’s compensation benefits. However, not all injuries are physical in nature. Psychological injuries can happen at work, and there is a large amount of variation in whether states provide worker’s compensation coverage for the three different categories of psychological workplace injuries.
Psychological injuries that occur in the workplace can be separated into three different categories. An injury that can be categorized as a physical/mental injury involves a physical injury or a disease related to the injured person’s occupation, as well as a psychological injury that is the result of that physical injury or illness. The second category of psychological workplace injuries are the mental/physical injuries, in which the psychological injury that occurs in the workplace causes a physical injury or condition that results in disability. The third category of psychological workplace injuries is the mental/mental injury category, which includes some type of stress or psychological event that happens in the workplace, after which the injured person experiences a psychological injury or mental health condition.
In Mississippi, workplace injuries that can be categorized as mental/mental cases are only compensable if the stimulus is unusual, that is, it is not something that a typical employee performing the same work as the party alleging the injury might expect to encounter during the course of their employment. A person who is pursuing a worker’s compensation claim for a mental/mental injury in Mississippi must prove by clear and convincing evidence that the mental injury resulted from an unusual occurrence. For mental/physical claims to be compensable in Mississippi, claimants do have to prove that the mental injury caused the physical injury, but there is no heightened burden of proof like there is for mental/mental injuries, nor is there a requirement that the mental injury come from an unusual stimulus. The same requirement of causation holds true for physical/mental injuries, and, as is the case with mental/physical injuries, there is no heightened burden of proof or requirement of an unusual stimulus.
Giddens Law Firm, P.A.: Representing Individuals Who Have Been Injured at Work in Mississippi
If you have been injured at work, you may be able to receive worker’s compensation benefits. Whether your injury is a physical injury, a physical injury which has led to a mental injury, a mental injury which has led to a physical injury, or even a mental injury which has led to a mental condition, the Mississippi Worker’s Compensation Attorneys of the Giddens Law Firm, P.A. may be able to to help you. Different types of injuries are treated differently under Mississippi law, as they are in many other states. An experienced worker’s compensation attorney understands the legal requirements for each type of claim, and they can help you understand the standards that are likely to apply to your claim, as well as answer any questions that you may have regarding worker’s compensation in Mississippi. Please call our office today, at (601) 355-2022, to learn more.
July 18th, 2015
In the summer, water sports are a great way to stay cool and have fun. From swimming and fishing to boating, wakeboarding, tubing, and using jet-skis, there are water-related activities that appeal to just about everyone. Unfortunately, any water-related activity can result in injury. Recently, a man was injured while riding a jet-ski on the Mississippi River.
The man collided with another jet-ski, but the operator of the other jet-ski and his passenger were not injured in the crash. The man who was hurt in the accident sustained injuries to his head and neck.
Jet-skis are appealing because they can go very fast and they are very maneuverable. Many different types of people ride jet-skis, from those who own one or more of them and ride them often, to inexperienced riders who rent a jet-ski or borrow one that belongs to a friend or relative. While both experienced and inexperienced riders can have accidents while riding jet-skis, inexperience is one factor which can increase the likelihood of a rider having an accident on a jet-ski.
Alcohol is a factor in some jet-ski accidents. Alcohol can impair a person’s judgment and slow their reaction time while they are riding a jet-ski just as it can impair the driver of a motor vehicle or the rider of a motorcycle. Recklessness is also a factor in some jet-ski crashes, because the nature of jet-skis often appeals to people who enjoy going fast and attempting daring feats. Sometimes, another jet-ski operator or a boater collides with a jet-ski, causing an accident. Jet-skis do sometimes malfunction, either because they are improperly maintained or because of manufacturing defects. Obstacles in the water, such as logs and large rocks can take an unsuspecting jet-ski operator by surprise and cause an accident. As you can see, there are plenty of things that can cause jet-ski accidents.
As with any type of accident, there may be more than one person who is responsible for the injuries and damages that result from a jet-ski accident. The person who was operating the jet-ski at the time of the crash could be fully or partially responsible for the damages, as could the owner of the jet –ski, a person who was operating another jet-ski or boat that was involved in the accident, the manufacturer of the jet-ski or parts that were used to repair the jet-ski, or other parties who are in some way connected to the jet-ski.
Giddens Law Firm, P.A.: Helping Jet-Ski Accident Victims throughout Mississippi
If you were injured or if you have lost a loved one in a jet-ski accident, a Mississippi Personal Injury Attorney can help you pursue a claim for damages. Your attorneys can help you to pursue a settlement, and they are ready to take your case to trial if need be. To learn more about how the Mississippi Personal Injury Attorneys of the Giddens Law Firm, P.A. can help you with your personal injury claim, please call our office today, at (601) 355-2022.
July 8th, 2015
Sometimes, an expectant mother carries her baby until it is close to the time that they are expected to be born, only to have them die before or during delivery. When a baby dies at any point in time after the twentieth week of a pregnancy, the baby is considered stillborn. Most babies who are stillborn die before labor begins, though some do die during labor. There are a number of things which can cause stillbirth, including placental abnormalities, infections, birth defects, poor fetal growth, trauma, umbilical cord accidents, chronic health conditions, and others. Stillbirth is a tragic experience for all families who lose their children in this manner. When a stillbirth occurs because of medical malpractice, it is perhaps even more tragic because it is possible that the baby’s death could have been prevented if the mother and baby had received proper medical care.
A birth injury lawsuit involving a stillborn baby has been filed in Tennessee by the baby’s parents. In that case, the mother’s pregnancy lasted past her due date. When she was having abdominal pain and three hours’ worth of contractions that were ten minutes apart on the day after her due date, she went to the emergency room to receive medical attention. Despite the mother’s insistence that she felt as though something was seriously wrong, and without being given the ultrasound that she requested, the mother was discharged from the hospital with an instruction to follow up with her doctor after several days. The mother’s symptoms got even worse, and she spoke with an after-hours nurse who told her that she should only go to the hospital if her symptoms became so bad that they were unbearable. When she did arrive at the medical center, she was examined and the examination revealed that the baby had died. She delivered the stillborn baby shortly thereafter.
In this case, the mother’s medical records appear to contain information which points to a breach of the standard of care that amounts to medical malpractice. For example, the mother’s medical charts contain fetal monitoring strips that show heart rate decelerations that would have required continuous fetal monitoring. The mother claims that the continuous fetal monitoring was never provided, even though she asked for additional diagnostics and evaluation. The mother’s medical records also indicate that her baby died after the due date, and after what appears to have been a placental abruption.
Giddens Law Firm, P.A.: Supporting Parents and Children Whose Lives are affected by Birth Injuries
When a baby is stillborn, their family suffers greatly. If you have experienced the loss of a child due to stillbirth that resulted from medical malpractice, the Mississippi Birth Injury Attorneys at the Giddens Law Firm, P.A. are here to help you and your family during this difficult time. To learn more about how we can help you with your birth injury claim for damages resulting from your child’s stillbirth, please call our office today, at (601) 355-2022.
June 29th, 2015
Expectant parents have a lot to think about and discuss as they wait for the arrival of their little ones. If parents know that they are expecting a baby boy, the question of whether or not to circumcise him is right up there on the list of things to consider. Parents who decide to circumcise must also decide when to do so.
Many circumcisions are successful, but it is important to remember that circumcision is a surgery, and all surgeries do carry some degree of risk. In the case of circumcision, if the surgery is performed incorrectly, it can have painful, lifelong consequences for the patient. Many people are not aware of the risks associated with circumcision. The types of injuries that can be caused by improperly performed circumcisions include infection, stroke, disfigurement, damage to the urethra, and even death. The incidence of circumcisions is not as low as one might expect for such a common procedure, with one out of every five hundred circumcisions resulting in severe complications.
There are many things that can go wrong when surgeons are operating on such a small part of a tiny baby. A few of the things that can cause complications after a circumcision are defective circumcision clamps and errors made by pediatricians, anesthesiologists, and other medical professionals who performed the procedure. Another type of error that can happen during a circumcision is the removal of too much skin or not enough skin. Additionally, circumcision is not safe for all little boys. The doctors and surgeons who perform circumcisions should know how to recognize situations in which it is important to defer to the expertise of a pediatric urologist who can assess the situation further and determine whether or not it would be safe to perform the operation on a specific patient. Unfortunately, while pediatric urologists can be helpful in recognizing situations in which circumcision would not be advisable or safe, these highly specialized doctors, do occasionally make mistakes that result in injury.
Giddens Law Firm, P.A.: Mississippi Birth Injury Attorneys
When a male circumcision goes awry, the results can include serious injury, disfigurement, intense pain and suffering, and, in some cases, even death. Since boys are often circumcised when they are very young, sometimes within hours or days of being born, circumcision-related injuries can be extremely traumatic for both the baby and his parents. If your child was hurt or killed as the result of an improperly performed circumcision or from complications resulting from circumcision, the Mississippi Birth Injury Attorneys at the Giddens Law Firm, P.A. are here to help you and your family obtain the recovery that you deserve. To learn more about how we can assist you in pursuing a claim for damages resulting from a botched circumcision or other birth injury, please call our office today at (601) 355-2022.
June 20th, 2015
If you were hurt in a car accident or some other type of accident, you may be surprised to receive a settlement offer from an insurance company soon after your accident. In fact, you may feel relieved that the insurance company appears to be willing to settle your claim quickly and without issue. Unfortunately, all too many people misjudge these initial settlement offers as gestures of goodwill on the part of insurance company. With this in mind, some people accept the initial settlement offer because they feel that they may not get paid if they ask for more money. Others accept them because they fear that it will take a long time to resolve their claim, and they will be in a very difficult financial position should they delay their decision.
It is true that being injured in an accident can be very costly. However, it is also true that accepting an inadequate settlement offer could cost you even more. If you receive an initial settlement offer, be sure to read it very carefully. As you read it, keep in mind that someone whose interests are contrary to yours wrote it. In other words, the settlement offer that you hold in your hands is designed to maximize the benefit to the insurance company by convincing you to settle your claim quickly, and for as little money as possible
If you have been involved in an accident, please remember that you deserve to be fully compensated for all of the damages that you have sustained, including harm to your body and/or property. It is entirely possible that at this time, especially if not much time has passed since the accident, you may not know the full extent of your injuries and damages. In other words, accepting an initial settlement offer right now could put you at risk of settling your case for less than what it is truly worth.
Fortunately, you may choose to accept or reject any settlement offer. You can also receive qualified advice about whether to accept or reject a settlement offer from a seasoned Mississippi personal injury attorney. An attorney can help you understand what your case is worth and whether the proposed settlement offer would adequately compensate you for your damages. Your attorney can also take over the task of corresponding with the insurance company, and they can pursue a better offer if you choose to decline the offer that you have received. While your attorney negotiates with the insurance company and obtains additional settlement offers, you remain in control of which offer you will ultimately accept.
Giddens Law Firm, P.A.: Helping Injured Parties throughout Mississippi Obtain Fair Settlements
If you have been injured, qualified Mississippi Personal Injury Attorneys can help you obtain the settlement that you deserve. Your attorneys can help you to pursue a settlement that will compensate you for all of your injuries, and they are ready to take your case to trial if such an offer is not able to be obtained through negotiation. To learn more about how the Mississippi Personal Injury Attorneys of the Giddens Law Firm, P.A. can help you to recover financially for the injuries that you have sustained, please call us now at (601) 355-2022.
June 5th, 2015
Drivers know that it only takes a split second of inattention to cause a collision. This principle applies to collisions with other vehicles as well as anyone or anything else that is in or near the roadway. Undoubtedly, vehicles can collide with pedestrians, people riding bicycles, animals, or objects.
When a collision occurs between a vehicle and a person riding a bicycle, serious injury or death are likely. While a collision between an automobile and a bicycle can occur on any road, people who ride bicycles can attest to the fact that some roads accommodate simultaneous use by motor vehicles and bicycles much more safely than others. Notwithstanding, both drivers and cyclists can take action to decrease the chances of a vehicle-bicycle collision.
Specifically, drivers and cyclists should learn the rules of the road the places where they drive and ride. State and local laws vary, so it is important that everyone understands what the requirements are for drivers and cyclists alike. For instance, knowing what rules to follow when you are riding your bike on the road or when you are driving and you encounter someone on a bicycle will help you know what to do, as well as what you might expect other drivers or cyclists to do.
Additionally, knowing the rules of the road provides valuable background information that drivers and cyclists can use to make decisions while they are riding and driving. However, the most important thing that drivers can do in making the roadways safer for everyone is avoid cell phone use and other distractions while driving. Obeying posted speed limits can also go a long way towards preventing collisions. Driving at an appropriate speed helps drivers to be more aware of their surroundings, and it gives them more time to respond to the presence of cyclists.
Cyclists can help drivers see them easily by wearing light or brightly colored clothing, and by using lights on their bicycles if they are riding at dawn, at dusk, or after dark. They can also increase their ability to detect and respond to the presence of nearby vehicles by using rear view mirrors, which can be mounted on a bike or on a pair of glasses. Bicycle helmets are an essential piece of safety equipment for all cyclists, and they can save lives if they fit properly and are used on every ride.
Giddens Law Firm, P.A.: Representing the Victims of Mississippi Automobile-Bicycle Accidents
When a person driving a vehicle collides with someone who is riding a bicycle, serious injury or death are likely to result. While drivers and cyclists can take steps to prevent them, automobile-bicycle accidents do, unfortunately, still occur. If you were involved in an accident involving an automobile and a bicycle, the Mississippi Car Accident Attorneys of the Giddens Law Firm, P.A. are here to help you. Please call us today at (601) 355-2022 to learn more about your legal rights and responsibilities.
June 1st, 2015
Many people love animals, and they know that if they ever hit an animal with their car, they would feel quite upset. Unfortunately, in addition to being upset, they could also be severely injured or even killed. Some people are not fully aware of the likelihood of serious injury or death in an accident involving a motor vehicle and an animal, especially a large or medium-sized animal like a moose, bear, or deer.
About a million and a half accidents are caused by animals each year in America. Many of these accidents happen at night when animals are on the move and it is difficult for drivers to see them present in or along the side of the road. Other animals are more active at dusk and at dawn, and their activity patterns, combined with less than optimal visibility, add up to quite a few vehicle-animal collisions. The incidence of animal-related accidents also fluctuates with the changes of the seasons due to migration, hunting seasons, mating, and other factors that affect the movement of animals.
Animals can be present anywhere along the road. Deer are commonly seen where there are open fields. In areas where there are trees or other tall plants along the road, animals can be hard to see until they are actually in the road. Also, some animals, like deer, are often found in groups. If you are driving and you see a deer, carefully scan the area for others that may be nearby.
The weight and size of some animals, such as moose, deer, elk, and bears, can cause a very forceful impact in a collision with a vehicle. During any animal-vehicle collision, if an animal is tossed up into the air, it can crash through the front or rear windshield or even flatten the roof of the car. When this happens, serious injuries and fatalities may result. Sometimes, collisions involving animals can even cause vehicles to overturn, leave the roadway, or both, which further increases the risk that serious injuries and fatalities will occur.
If you cannot avoid hitting an animal that is in the road, do your best to hit it from an angle, to increase the chance that it will be deflected away from your car instead of into the air. If you hit an animal with your car, there is likely to be extensive damage to your car. If you hit an animal with your car, it is a good idea to call the police, so that the animal can safely be removed from the roadway. Also, drivers should know that insurers sometimes try to avoid paying claims for damages in accidents that were caused by animals in cases where a police report has not been filed.
Giddens Law Firm, P.A.: Representing Those Who Have Been Injured in Accidents Involving Wildlife
If you were hurt in any type of accident, the Mississippi Car Accident Attorneys at the Giddens Law Firm, P.A. are here to help you. Please call our office today at (601) 355-2022 to learn more about your legal options. We look forward to providing you with superior legal representation.
May 21st, 2015
More lawsuits are springing up around the country which allege that Glaxo Smith Kline’s drug Zofran caused multiple different types of birth defects in unborn babies when mothers took the drug during their pregnancies.
The lawsuits have alleged to following types of defects resulting from the use of Zofran during pregnancy:
- abdominal defects
- heart defects / hole in the heart (atrial septal defect)
- brain defects
- developmental delays
- congenital birth defects
- cleft lip
- cleft palate
- hypospadia birth defects
- chromosomal birth defects
- heart problems for the mother
- webbed toes
- inter-uterine growth restriction
- musculoskeletal abnormality
- kidney malformations
Zofran is not approved for use during pregnancy.
The FDA has placed Zofran in the “Pregnancy Category B” which means that the drug did not reveal abnormalities during animal studies but additional testing would be needed before this drug could become a Pregnancy Category A drug. Pregnancy Category A drugs have been put through studies but have not shown evidence of risk in later trimesters with human babies.
Giddens Law firm, located in Jackson, Mississippi, is currently accepting Zofran induced birth defect cases. Call for a free consultation if you or someone you know took Zofran while pregnant. Our attorneys would be happy to speak with you about this matter.
May 19th, 2015
Mississippi Brain Injury Association
The Brain Injury Association of Mississippi was founded in 1987 and serves people throughout the state of Mississippi. It is a private, non-profit corporation whose goal is to serve persons with traumatic brain and spinal cord injuries, their families, caregivers, and professionals.
The Association is an affiliated member of the Brain Injury Association of America. The Brain Injury Association of Mississippi is a 501(c)(3) corporation. As such, all donations, gifts, membership dues and bequests are tax deductible.
Mississippi Department of Health – Concussion Policy
The Mississippi Youth Concussion Law of 2014 requires that concussion education be made available for parents and other interested Mississippians.
Most concussions occur without loss of consciousness, but they still carry the potential for injury. Recognition and proper response to concussions when they first occur can help prevent further injury or even death.