Archive for July, 2015

Mississippi Personal Injury Attorneys Discuss ATV Accidents

Tuesday, 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.

Mississippi Worker’s Compensation Attorneys Discuss Mental Injuries

Thursday, 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.



Mississippi Personal Injury Attorneys Talk about Jet Ski Accidents

Saturday, 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.

Mississippi Birth Injury Attorneys Discuss Stillbirths

Wednesday, 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.