Archive for December, 2014

Mississippi Workplace Injury Attorney Discusses Workplace Injuries on the Farm

Sunday, December 28th, 2014

Farming is physically demanding work.  Many types of accidents can happen on a farm, causing injury and death to farm workers. From tractor rollovers to injuries resulting from being kicked or trampled by livestock, there are risks present almost everywhere on the farm. There are heavy loads to be lifted, and there may not be enough hands or equipment to lift them safely. Manure lagoons, drainage ditches, and other water sources pose a risk for drowning, and grain bins, hoppers, and silos pose risks of entrapment and suffocation.

Working conditions on farms often contribute to the danger that is present in the farm work environment. There is often a great deal of pressure to plant and harvest crops within short windows of time. When weather conditions interfere with work, farmers have even fewer days in which to complete their work on time. When this happens, they may work long hours and become fatigued, which increases accident risk. They may also work hurriedly, which means that they may not take the time to work as safely as they could.

Some of the workers on farms are younger or older than workers in other occupations; because there are different age restrictions for farm work than there are for other types of work, especially on family farms. Unfortunately, this diversity in the work force contributes to an increase in accident risk. Adults over sixty five years of age and children under the age of fifteen have the highest injury rates of all of the different types of farm workers.

Tractor roll overs are a leading cause of injury and death among farm workers. There are devices which can prevent overturning, but only about sixty percent of all of the tractors that are currently in use on American farms have them. Tractors are not the only machines that farmers use, and farm equipment causes many injuries. Using proper machine guards, training workers on using machinery safely, and taking time to perform regular maintenance and safety checks on farm equipment can all help to prevent farm equipment-related injuries.

Farm workers may also experience chronic injuries. Exposure to large amounts of dust or poisonous gases over time can cause lung diseases. Exposure to chemicals can cause cancer and other health problems. Heavy lifting and repetitive motion over years of work can result in musculoskeletal disorders and chronic pain.

Farm workers are also unique in that many farm workers who are temporarily or permanently disabled by work-related injuries are insistent upon returning to farm work as soon as they can. For many of them, it is the only work that they have ever known, and it is a deeply ingrained part of their identity. Sometimes, these disabilities can be accommodated by installing adaptive equipment, assigning the worker to different jobs at the same farm, or even teaching them how to do paperwork and other tasks which can be performed in an office setting.

Giddens Law Firm, P.A.: Mississippi Workplace Injury Attorneys

Farm work is dangerous and there is great potential for accidents and injuries to occur. Like other workplace accidents, farm work injuries involve missing work during the recovery process and the possibility of having to do different work due to a disability. Being absent from work while you heal from your injuries can cause a great deal of financial stress, as well. A Mississippi Workplace Injury Attorney can help you to pursue the recovery that you deserve. To learn more about how the attorneys at the Giddens Law Firm, P.A. can help you, call (601) 355-2022.

Mississippi Personal Injury Attorney Discusses Delivery Truck Accidents

Saturday, December 20th, 2014

The holiday season is by far the busiest time of year for shipping companies like FedEx and UPS. Online shopping is as popular as ever, with many people choosing to skip the long lines and bare shelves at the store and buy some or all of their gifts online. Shipping companies are handling all of those packages, in addition to the regular volume of packages that are being sent. Even more packages enter the equation when you consider how many holiday gifts people send to their loved ones all over the world, if they are not able to visit with them in person. The immense number of packages that are being sent at this time of year means that package delivery workers are on the job day and night, and in all kinds of weather, trying to ensure that all of the packages arrive at their destinations on time.

The increase in the amount of packages that are shipped during the holiday season requires package delivery companies to put more trucks on the road and hire more drivers to drive them. The sheer amount of package delivery trucks on the roads during the holiday season increases the number of delivery truck accidents that occur at this time of year. Other factors like wintery weather, and snow banks alongside roads, and in driveways and parking lots can make it difficult for drivers to find places to park their trucks in order to deliver packages, also increase the risk of delivery truck accidents at this time of year.

Package delivery trucks pose unique risks to their drivers and to the drivers of other vehicles. Delivery trucks are large, heavy vehicles. At this time of year especially, many delivery trucks are carrying loads that are at or near the upper limit of their weight capacity. Because of their size and weight, package delivery trucks can do a lot more damage than passenger vehicles when they are involved in a crash. Also, some of the features of delivery trucks which make it easy for their drivers to hop in and out of their vehicles quickly create additional safety risks for the drivers, such as an increased risk that they will be ejected from their truck during a crash.

When a delivery truck accident occurs, an accident response team from the package delivery company’s insurer is often dispatched to the accident scene right away to assess the damage and speak with the other drivers who were involved in the accident. The information that the accident response team obtains from the other drivers may be used to support the delivery company’s case if any claims arising from the accident proceed to litigation. The delivery company’s insurance company may also use the information that is gathered at the accident scene to draw up initial settlement offers for the accident victims in the hopes that they might persuade the victims to accept those offers before they are fully aware of the extent of their injuries or damages. Because the accident response team for the delivery company does not have your best interests in mind, it is best to politely decline to speak with them until after you have consulted with your attorney.

Giddens Law Firm, P.A.: Mississippi Trucking Accident Attorneys

Delivery truck accidents often happen during the holiday season. These cases often involve multiple defendants, and they can be rather complicated. To learn more about how the Mississippi Personal Injury Attorney at the Giddens Law Firm, P.A. can help you obtain the recovery that you deserve, call (601) 355-2022, to arrange a consultation.

 

Mississippi Medical Malpractice Attorney Discusses Malpractice Associated With Cosmetic Surgery

Monday, December 15th, 2014

There are as many reasons to undergo cosmetic surgery as there are cosmetic surgery patients. Cosmetic surgery, which is often called plastic surgery, describes a wide variety of surgical procedures which can enhance the patient’s appearance, or repair certain types of injuries with skin grafts or reconstruction. Because cosmetic surgery is a type of medical procedure, the patients who undergo cosmetic surgery are sometimes injured by the negligent actions of medical professionals.

As is the case with other types of surgical procedures, the surgeons who perform cosmetic surgery must use the same degree of care in performing their operations as other cosmetic surgeons would use to perform those same procedures. When a cosmetic surgeon fails to adhere to the standard of care in performing a procedure on a patient, and the patient is injured, the surgeon’s actions are negligent and the patient may be able to recover damages by pursuing a medical malpractice claim.

There are four types of injuries which cosmetic surgery patients experience when cosmetic surgery is performed in a negligent manner. Reconstructive surgeries are intended to repair existing injuries, but they can result in complications during the healing process if they are not performed correctly. Surgeries that are intended to enhance a patient’s appearance may have the opposite effect if the surgery is performed on the wrong part of their body, or if the medical professionals who are performing the surgery do not adhere to the standard of care. Some types of cosmetic surgery, like breast implants and collagen injections, involve the implantation or injection of substances into the body. When surgeries of this nature are done incorrectly, the injected substances can leak into areas of the body near the site of the surgery, causing pain or discomfort. Sometimes, incisions from cosmetic surgery can reopen, especially if the patient loses or gains a lot of weight. These four types of injuries are the most common injuries experienced by patients who are the victims of negligence during cosmetic surgery, but they are not the only possible injuries. If you experience any type of pain or discomfort after your surgery, seek medical attention right away.

If you are able to prove that your injuries were caused by the negligence one or more of the medical professionals who performed your cosmetic surgery, you may be able to recover for the losses that you have experienced as a result of that negligence. For example, you may be able to recover the costs of any additional surgeries or treatments that you might undergo in order to remedy the pain or disfigurement that the initial malpractice created. You may also be able to recover for any future care that you are likely to require as a result of your injuries, as well as lost wages if your injury caused you to miss work. The physical pain and emotional suffering that are associated with malpractice in cosmetic surgery can be immense, as the injuries may be very visible to others, and you may be compensated for that as well.

Giddens Law Firm, P.A.: Mississippi Medical Malpractice Attorneys

Whether you were undergoing reconstructive surgery after an accident left you visibly disfigured or you had a surgical procedure done to enhance your looks, you expected that you would look and feel better, not worse, after your cosmetic surgery. A knowledgeable Mississippi Medical Malpractice Attorney can help you to pursue the recovery that you deserve. To learn more about how the attorneys at the Giddens Law Firm, P.A. can help you, call (601) 355-2022.

How Do I Find the Best Lawyer in a Practice Area in Mississippi?

Tuesday, December 9th, 2014

Clients over the year have often asked me “how do I find the best lawyer in a practice area in Mississippi?

Here are basic guidelines I recommend following when selecting an attorney:

Client reviews on the internet, if the reviews are legitimate, that is a good starting place. Attorneys now are often placing actual client testimony and actual client words on their websites and on lawyer directory websites like AVVO.com.

Experience in handling a case like yours. With a little background research, you can determine whether the lawyer you are seeking has handled a case like yours successfully in the past.

The similarities do not have to solely include the facts, but the general legal claims. For
example, if you have a medical malpractice case, your initial review of the lawyer’s information on the website or internet should include the lawyer’s history. Find out not just whether an attorney has won major cases, but whether the attorney has consistently and recently taken cases like yours and has been successful, whether by settlement or by trial.

Look for certifications, extra training and whether that lawyer is recognized by his peers
as an authority. Has the lawyer taught, lectured, or given presentations to other lawyers on the subject. Another good question would be has the lawyer taught other lawyers on a particular subject in a continuing legal education course. Also, has the lawyer been reviewed by other lawyers and endorsed by other lawyers on websites such as LinkedIn.com.

The workflow and volume of the firm/attorneys. When you have a serious personal injury case you want the law firm to give you full attention. If you call an attorney who constantly advertising gimmicky sales pitches on the TV, you know that attorney probably has a large volume of business. The last thing you want to be is a cog in a giant wheel with you and your case just being a number. This is commonly referred to as a “mill” among legal circles. While this may or may not be apparent on the attorney’s website, these are questions you should ask an attorney when you are considering hiring them. What is your workload like? How many cases are you handling currently in litigation and how many have you actually tried in the last year. When is the last time you tried a case like mine? Where was it tried? What result was achieved? Also, how easy is it to speak with your attorney or receive a return phone call within two (2) days of your call?

Ethical issues and disciplinary actions. The attorney’s record with the Mississippi Bar
Association is not often publicly broadcasted. Has the attorney ever been reprimanded or suspended. These are hard questions to ask. Any attorney seeking to represent and willing to represent you on a contingency fee basis should not have any problem answering these questions fully, openly and honestly. My experience is that most clients want to hire the most ethical lawyer with the highest standards. Clients should be aware that there are strict rules for their attorneys and employees in contacting clients. If you are a loved one was contacted by an attorney without first seeking out that attorney, that it itself is a potential ethical violation.

Selecting an attorney is as simple as writing one letter. You should ask the attorney
what has his experience been with clients firing his firm. It is explained to our clients that once they sign a contingency fee contract, we work at their pleasure and can be fired at any time.
Ethically an attorney is not permitted to speak with a client who is previously represented. The internet can be a valuable resource in determining how to go about firing your attorney if you hired him on a contingency basis. Read the employment agreement/contract. Firing an attorney is as simple as sending them a communication, preferably a letter, stating “your services are no longer needed”. A client is then free to seek the advice of other counsel and begin the interview process again. The attorney interviewing the potential client now has no ethical restraint prohibiting him from discussing a represented party’s case with them.

Comfort level. In personal injury cases client relationships can last years. Your ability
to communicate effectively and your comfort level in your attorney’s office is important and should be considered in weighing your options on which attorney to select. A good question to ask in this category is “what is your relationship with clients like after you have settled their case”? Most clients have had only one opportunity to hire a lawyer in their lives for a very significant injury or life altering course of events. That one attorney should not disappear once the case is resolved/money is distributed.

Mississippi Personal Injury Lawyers Discuss Injuries Caused by Cesarean Births

Friday, December 5th, 2014

Giving birth is an experience that involves a certain amount of pain. However, it is a pain that women endure, often more than once, in order to experience the joy of raising children. While the pains of childbirth are short-lived for most women, some women experience injuries during childbirth that can have a long-lasting impact on their lives. There is the potential for injury any time a mother gives birth, but the surgical nature of a cesarean birth creates a greater risk of injury than is present during a vaginal birth.

A cesarean birth is a surgical procedure in which the baby is removed from the mother’s body through incisions which have been made in the mother’s abdomen and uterus. A cesarean birth can either be planned for ahead of time, which is often referred to as an elective C-section, or it can be unplanned. The risk of injury is approximately the same between cesarean births that are planned and those that are unplanned, which often happen under emergency circumstances. Some of the injuries that women experience when cesarean births are done incorrectly include nerve damage, kidney damage, infection, and damage to other parts of the reproductive system. Because C-section incisions are so close to where the bladder and bowels are located, there is a risk that bladder and bowel injuries may occur. If this happens, the injured woman may experience temporary or permanent urinary and/or fecal incontinence.

If the incision for a cesarean birth is made improperly, the woman can lose a lot of blood quickly, resulting in injury or even death, if the flow of blood cannot be controlled soon enough. If an artery is severed during the surgery, the woman may need to undergo an emergency hysterectomy to remove her uterus. An emergency hysterectomy can cause a great deal of physical pain, in addition to emotional trauma. The loss of a woman’s uterus means that she can no longer bear children, and to have such a loss take place suddenly can cause intense emotional pain and suffering.

Cesarean births, like all other surgeries, carry the risk of infection at the incision site. It is also possible that sponges and other surgical tools could be left inside of the incision site. When this happens, infection can occur and, if the infection is severe enough, death may result. Since a cesarean birth is a surgical procedure, anesthesia is part of the cesarean birth experience. Also, other medications used during cesarean births can cause adverse side effects or allergic reactions.

As a woman’s body heals following a cesarean birth, it is possible that adhesions could develop. An adhesion is a formation of scar tissue which can cause an internal blockage or severe pain. If a mother develops an adhesion after a cesarean birth, it may have a negative impact on her future pregnancies.

Giddens Law Firm, P.A.: Mississippi Medical Malpractice Attorneys

Recovering from the injuries associated with an improperly performed cesarean birth can make it difficult to enjoy life with your new baby. Living with long-term injuries that resulted from medical malpractice during a cesarean birth can be emotionally and physically painful. Fortunately, skilled Mississippi Personal Injury Lawyers can help you to pursue the recovery that you deserve. To learn more about how the attorneys at the Giddens Law Firm, P.A. can assist you, please call (601) 355-2022, to arrange an initial consultation.