Archive for May, 2016

Mississippi Wrongful Death Attorneys Discuss Pedestrian Accidents

Tuesday, May 31st, 2016

A recent fatal pedestrian accident occurred in West Orange when a bus hit an eighty-two-year-old woman. The accident happened at an intersection, where the bus was attempting to make a left turn onto the street as the woman was crossing the road. After the collision, the bus driver got out of the bus, called the police, and rendered aid to the woman, who later died as the result of her injuries.

While no charges have been filed against the bus driver in the aforementioned accident yet, and charges may not ever be filed if there is no reason to do so, many fatal pedestrian accidents do lead to wrongful death actions. Some drivers strike pedestrians with their vehicles when they are driving negligently, recklessly, or in violation of the law.

Unfortunately, pedestrian accidents happen more often than many people realize. In America, approximately twelve pedestrians are struck by motor vehicles every day. Some of those pedestrians survive, and many of them suffer permanent or long-lasting damage from their injuries. Many pedestrians do not survive their accidents with motor vehicles. When a pedestrian gets hit by a motor vehicle, the force of the impact can throw the pedestrian into the air or crush them. Some of the pedestrians die instantly while others die within a few minutes or a few hours as the result of their injuries.

After a pedestrian accident, the victim’s family often seeks civil damages in relation to their loss. There are two types of civil actions that family members can bring. Survival actions enable the families of accident victims to recover the damages that the victim could have recovered if they had survived the accident. The other type of civil action is a wrongful death action against the at-fault driver. Wrongful death actions are intended to help families of accident victims recover damages that they have experienced in connection with the losses of their loved ones, such as funeral expenses, loss of companionship, and loss of support.

In addition to the civil actions described above, additional causes of action may exist in a pedestrian accident case. For example, the State may pursue criminal charges in a situation where a pedestrian was struck and killed by a driver who was speeding or who was driving under the influence of alcohol. In a few, extreme cases, the conduct of a driver who hit and killed a pedestrian accident is so outrageous that it receives special treatment under criminal laws, resulting in vehicular manslaughter or involuntary manslaughter charges.

Giddens Law Firm, P.A.: Representing Mississippi Pedestrian Accident Victims

If someone that you love was struck and killed by a vehicle while they were walking, you have a lot to gain from working with a Mississippi Wrongful Death Attorney. Pedestrian accident cases can be complicated, and it is important that you have the experienced legal support that you need right now so that you can focus on grieving and healing as a family. To learn more, call the Mississippi Wrongful Death Attorneys of the Giddens Law Firm, P.A., at (601) 355-2022.

Mississippi Medical Malpractice Attorneys Discuss Third Leading Cause of Death in the U.S.

Tuesday, May 31st, 2016

Each medical malpractice case is unique. One patient may be prescribed the wrong medication or the wrong dose of medication. Another patient might undergo surgery, only to find out that the surgery was performed on the wrong side of their body.  Whatever the medical error in any given case, it is possible that serious injury or death may result.

In one recent medical malpractice action, a verdict was issued in favor of the family of a nearly eighty-nine-year-old man. The man died after a feeding tube was inserted into his lung instead of into his stomach. A feeding tube had been successfully placed before when the man was transferred to the hospital from a nursing home, but he had removed the tube. The man was restrained so that he could not pull out his feeding tube, and another feeding tube was put in. That tube was removed by doctors after an X-ray revealed that it had been placed improperly, into his lung instead of his stomach. The tube was inserted a third time, and x-rays taken following its insertion showed it as being in the stomach, and not in the lung. However, the tube had been inserted into the lung, and the feeding solution dripped into his lung for twelve hours until he died of drowning.

The aforementioned medical malpractice case is just one example of how medical care can go horribly wrong. There are many kinds of avoidable medical errors, and these errors, when taken as a group, are the third leading cause of death in America, claiming approximately seven hundred lives every day.

Medical malpractice in the form of medical errors is a form of negligence. Negligence occurs when someone either does something that a reasonably prudent person in a similar situation wouldn’t do or fails to do something that a reasonably prudent person would do in that situation. In a medical setting, the reasonably prudent person is a reasonably prudent doctor, with all of the training and knowledge that goes along therewith. In a medical malpractice case, the patient would have lived if they had been treated by a reasonably prudent doctor instead of by a negligent doctor.

Giddens Law Firm, P.A.: Supporting Mississippi Medical Malpractice Plaintiffs

If you were injured or someone that you love die as the result of medical malpractice, you may have a medical malpractice cause of action against the people or people whose conduct caused the error that hurt you or killed your loved one. The Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. may be able to help you bring a medical malpractice claim against the parties who are responsible for your injuries or the death of your family member. A medical malpractice claim could help you recover both physically and financially after your accident. To learn more about how we may be able to help you, please call our office today, at (601) 355-2022.

 

Mississippi Personal Injury Attorneys Discuss Single Vehicle Accidents

Friday, May 6th, 2016

A recent single-car crash that claimed the life of one man serves as a somber reminder of the dangers of single-vehicle accidents. The accident early in the morning, on Highway 53. The vehicle left the roadway and caught fire. The driver could not exit the vehicle, and he perished in the blaze. The recent fatal single-car accident is, unfortunately, far from an atypical scenario. Single-vehicle accidents are deadlier than accidents involving multiple vehicles, accounting for sixty-five percent of all fatal motor vehicle accidents in the United States.

Because one-vehicle accidents are so often fatal, much effort has gone into studying the accidents and looking for the reasons why they happen. This research has led to a discussion of the things that drivers can do to prevent single-car accidents. Many single-vehicle accidents result from things that drivers have some degree of choice over, such as drinking alcohol, speeding, driving while drowsy, and texting or other distractions. The number of single-vehicle accidents could be reduced by drivers who make safe choices like staying sober so that they can drive home, calling a cab or riding with a designated driver if they choose to drink, getting sufficient rest before making a road trip, following posted speed limits, and choosing to focus on the road instead of allowing themselves to be distracted.

While some single-vehicle accidents could be prevented, research has also shown that other single-car crashes are caused by things that are completely outside of the driver’s control. For example, rainy weather brings with it slippery roads and poor visibility which can cause drivers to lose control. Mechanical defects can also cause sudden and unpredictable changes in vehicle function that could cause a driver to lose control.

Although some information has been gathered regarding single-vehicle wrecks, many individual single-car crashes remain surrounded in mystery. It is harder for investigators and authorities to piece together what happened to cause any given single vehicle accident than it is for them to make sense of the aftermath of a multiple vehicle collision. One reason for this is that in many fatal, single-car accidents, the sole eyewitness is the driver who died in the wreck.  When this occurs, it can be challenging for police and investigators to be able to say with any certainty what happened. Also, the victim’s  family receives no meaningful explanation regarding the loss of their loved one, which can make mourning their loss even harder.

Giddens Law Firm, P.A.: Protecting Mississippi Accident Victims

If you were injured or someone that you love died in a single-vehicle crash, contact a Mississippi automobile accident attorney right away. Your rights and interests are at stake, and it is important that you have your case evaluated by someone who can help you. During this uncertain and challenging time in your life, it can be a great relief to have someone knowledgeable by your side to represent your interests. To learn more, call the Mississippi Automobile Accident Attorneys at the Giddens Law Firm, P.A. at (601) 355-2022.

Mississippi Workplace Injury Attorneys Discuss a Recent Increase in Workplace Accidents

Wednesday, May 4th, 2016

Sometimes, statistics can be shocking. For example, in 2014, one person died on the job every other hour, every single day for the entire year? The total number of on-the-job deaths in 2014 amounted to 3.3 deaths per one hundred thousand workers, which is a slight increase from the 3.4 deaths per hundred thousand workers that occurred in 2013. The aforementioned numbers only account for deaths that happened on the job. The numbers do not include any deaths that resulted from job-related sicknesses like black lung disease.

The consensus among the people who study workplace injuries and fatalities is that workplace deaths continue to increase because there are not stiff enough penalties to deter employers from utilizing dangerous or even illegal labor practices like failing to provide necessary safety equipment or have adequate staff on duty to allow for sufficient breaks. Workplace deaths are not distributed evenly throughout the United States. For example, Mississippi residents may be surprised to learn that their home state had 7.1 workplace deaths per hundred thousand people in 2014, which put it behind only four other states as the fifth most dangerous state to work in.

As you might imagine, not all of the workplace injuries and deaths were evenly distributed among different types of work. Logging, fishing, oil drilling, and construction caused the most deaths, and falls were the most common type of workplace death. Unfortunately, 2014 was a record-setting year for workplace deaths among older workers, which includes workers over the age of fifty-five. One thousand six hundred and ninety-one older adults died on the job that year. There are even some workplace deaths that are not accidents – just over eight hundred workplace murders took place in 2014.

The increase in workplace deaths in 2014 occurred despite some progress towards improving job safety. For example, enforcement has increased, along with some fines. One significant development allows OSHA to adjust its federal civil fines for inflation, which increases maximum employer penalties significantly. It is possible that moving forward; these increased penalties will have a deterrent effect on companies who do not take safety seriously.

Giddens Law Firm, P.A.: Support for Workplace Accident Victims and Families

If you got hurt at work or if you lost someone that you love in a workplace accident, do not wait – reach out for help right away. After you get medical attention, call a workplace injury attorney and speak to them about your accident. Your attorney can help you make sense of what happened and they can work with you to develop safe work practices. What’s more, they can help you to formulate a plan for presenting your case in court, if need be. If you have questions related to Mississippi workplace accident law, the Mississippi Workplace Accident Attorneys of the Giddens Law Firm, P.A. could possibly help you. Please call our office today, at (601) 355-2022, to learn more.