Archive for the ‘Wrongful Death’ Category

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 Wrongful Death Attorneys Talk About Pedestrian Accidents

Friday, March 11th, 2016

A pedestrian was killed in a tragic accident that occurred on Highway 25 in Starkville. The pedestrian died at the accident scene, and the driver who had struck the pedestrian left the scene of the crash. The driver was then located a short time after the accident. The driver could face criminal charges as the result of their actions. As is the case with many pedestrian accidents, it is possible that the family of the deceased could bring a wrongful death claim against the driver in addition to any criminal charges that may be brought.

Pedestrian accidents like the one that is described above happen more frequently than most people realize. On average, twelve American pedestrian are hit and killed by vehicles every day. The survival rate for pedestrians who are struck by vehicles is low because the force of an impact from a vehicle can throw a pedestrian quite a long distance or crush them between the vehicle and some other vehicle or object. Many times, the pedestrian dies instantly or dies within a short time after the accident at the accident scene as the result of their injuries.

The family of a pedestrian accident victim can bring a wrongful death action against the driver who struck and killed their loved one. A wrongful death action can help the accident victim’s family recover for the losses and damages that they have experienced due to the loss of their loved one. Some of the damages that family members may experience are funeral expenses, loss of support, and loss of companionship.

When a pedestrian is killed as the result of being hit with a vehicle, the driver of the motor vehicle may have been driving negligently or recklessly, possibly in violation of the law. However, fatal pedestrian accidents do sometimes occur without any unlawful behavior on the part of the driver. Fortunately, families of pedestrian accident victims can bring wrongful death actions regardless of whether criminal charges are filed. As far as unlawful behaviors that lead to pedestrian accidents are concerned, driving under the influence of alcohol is one of the most common. Sometimes, the conduct of the at-fault driver even exceeds that which the law considers unlawful behavior. There are various types of criminal charges, such as vehicular manslaughter and involuntary manslaughter, which can be filed in cases involving extreme recklessness.

Giddens Law Firm, P.A.: Supporting Mississippi Wrongful Death Plaintiffs

If someone that you love was killed in a pedestrian accident, you may be feeling many different things all at once. Losing a loved one suddenly in a pedestrian accident is tragic, and your family needs support during this difficult time. The Mississippi Wrongful Death Attorneys at the Giddens Law Firm, P.A. may be able to help you pursue a wrongful death claim against the driver who is responsible for your loss. A wrongful death action can help your family with funeral expenses and provide financial support in acknowledgement of your loss of your love one’s support and companionship. To learn more, please call our office today, at (601) 355-2022.

Mississippi Traumatic Brain Injury Resources

Tuesday, 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.


Mississippi Wrongful Death Attorneys Talk About Pedestrian Accidents

Saturday, September 6th, 2014

Did you know that pedestrian accidents often result in wrongful death actions? Many collisions with pedestrians occur when the driver of a motor vehicle is behaving recklessly or negligently. Motorists who strike pedestrians with their vehicles are also often operating their vehicles in violation of the law. Pedestrian accidents are tragic, and they happen more frequently than most people realize. In America, one pedestrian is killed by a motor vehicle every two hours. That amounts to twelve pedestrian deaths every day. While some pedestrians who are involved in motor vehicle accidents survive and suffer from a range of injuries, many pedestrians do not survive accidents with motor vehicles. The force of an impact from a motor vehicle can throw or crush a pedestrian, causing immediate death, or life-threatening injuries which eventually result in death.

Families of the victims of pedestrian accidents often seek two forms of civil damages as the result of their losses. One type of civil action that a family may bring after losing a family member in a pedestrian accident is a survival action against the at-fault driver. A survival action serves the purpose of enabling the victim’s family to recover the damages that the victim suffered as a result of the accident. The second type of civil action that a  pedestrian accident victim’s family is likely to bring against the at-fault driver is a wrongful death action. Wrongful death actions help the victims’ families recover damages that they have experienced due to the losses of their loved ones, including funeral expenses, loss of support, and loss of companionship.

Pedestrian accidents often occur when the at-fault driver is breaking one or more laws. This means that in addition to the survival and wrongful death actions that are pursued by the family of an accident victim against an at-fault driver, the state may also pursue criminal charges. Driving under the influence of alcohol and speeding are two examples of unlawful behavior which often cause pedestrian accident. Sometimes, the conduct of an at-fault driver in a pedestrian accident is so extreme that it requires special treatment under criminal laws. For this reason, vehicular manslaughter or involuntary manslaughter charges may be filed in cases of extreme recklessness.

Giddens Law Firm, P.A.: Mississippi Wrongful Death Attorneys

A pedestrian accident can rob a family of someone that they love in the blink of an eye. If someone that you love was killed in a pedestrian accident, it is essential that you speak with an attorney as soon as you can in order to protect your rights. A Mississippi Wrongful Death Attorney can help you to understand the process of pursuing a survival action and a wrongful death claim, and what you might expect to happen as your case progresses from start to finish. The knowledgeable Mississippi Wrongful Death Attorneys at the Giddens Law Firm, P.A. invite you to contact us. Call the Giddens Law Firm, P.A. today at (601) 355-2022 to schedule your free consultation.

Testosterone cream connected to heart attacks?

Sunday, January 26th, 2014

For the last several years it has been surprisingly simple for a man to report symptoms such as low sex drive, lack of energy or loss of muscle mass and be prescribed testosterone to correct any number of ills. Doctors refer to the condition as low t.

Typically the treatment is simple enough, with the doctor prescribing testosterone cream to the thigh or bicep. The drug names for this therapy include: axiron, androgel, fortesta, testopel, striant, delatestryl, testim and androderm.

Despite some of the benefits that may be gained from testosterone, a percentage of men on testosterone have reported heart issues after beginning treatment. These issues range from artery blockage to heart attack or stroke and include any heart issue in between.

If you or a loved one have been prescribed one of the medications above and later been diagnosed with a heart issue, you may have a claim. Call 601-355-2022 to speak with an experienced attorney regarding your potential claim.

The Top 10 Most Common Causes of Accidental Deaths

Friday, December 13th, 2013

Accidents happen—so much so that they rank as the number one cause of death for those between the ages of one and 42.  Accidents are the fifth leading cause of death across all age groups, topped only by serious illnesses including cancer and heart disease.  While most people conjure up images of electricians or window washers succumbing to fatal accidents, statistics shows that the majority of accidental deaths occur in homes or communities.

The following is a list of the top 10 most common causes of accidental deaths, designed to increase your understanding of the dangers and help you stay safe:

  1. Motor vehicle accidents—car accidents are the leading cause of accidental deaths nationwide.  Over 45,000 individuals are killed each year in car accidents.  While the increase in the use of safety belts and child safety restraint devices has led to fewer automobile accident fatalities, the numbers are still astounding.  In Mississippi, in particular, car accident rates are alarmingly high and the number of child victims far exceeds the national average.
  2. Falls—over 25,000 individuals die from falls each year.  While deaths due to falls are often associated with the elderly, fatal falls can occur to those of all ages.  Falls commonly occur in homes, outdoors, and in public places.
  3. Poisonous liquids or solids—poisoning kills almost 40,000 people a year, with most deaths associated with accidental ingestion of illegal drugs.  The number of poisoning deaths has risen almost 400 percent in the past 20 years.  While drugs account for the majority of poisoning deaths, deaths also occur among children who ingest poisonous cleaning solutions or medicines.
  4. Fires—annually, fires claim the lives of over 2,500 individuals.  Deaths due to residential fires dropped to a five year low in 2009, but the number of deaths a year remains fairly high.  Smoking is one of the leading causes of residential fires.
  5. Choking—choking killed around 2,500 people in 2009 and children under the age of three are at the highest risk.  Choking hazards include hard candies, grapes, nuts, chewing gum, carrots, balloons, small toys, and hot dogs.
  6. Suffocation—deaths by suffocation are on the rise, up approximately a third during the past decade.  It is estimated that suffocation claims the lives of up to 3,300 individuals a year.  Most suffocation victims are children, and the CDC urges parents to make sure their children’s faces are not covered while sleeping and loose bedding is kept out of cribs.
  7. Firearms—over 1,500 individual a year are killed accidently by guns.  Recent reports have revealed that this rate may actually be much higher.  Accidental firearm deaths among children are frequently not recorded as accidents, skewing reputed death rates.  While gun laws are a much debated topic, all can agree that weapons should be safely stored away from children.
  8. Poisonous gas—inhaling poisonous gases leads to over 700 deaths a year.  The most common gas killers include fuel, natural gas, and propane.
  9. Medical malpractice—this is one of the scariest killers, claiming the lives of hundreds of individuals each year.  While we trust doctors and other medical professionals with our medical care, all too often mistakes are made that lead to deaths.
  10. Drowning—each day, approximately 10 people die from unintentional drowning.  About a third of these victims are children under the age of 14.  Lack of swimming ability and failure to wear a life jacket are two of the leading causes of accidental drowning.

The Giddens Law Firm has been helping the victims of all manner of accidents for over 20 years.  If you have been injured in an accident, our expert team of personal injury attorneys will help you receive the compensation you need to cover your medical bills, pain and suffering, lost wages, and emotional harm attributable to the accident.  Call us today at 601-355-2022 to start us fighting for your full recovery.

Mississippi Airplane Crash Attorneys

Tuesday, October 15th, 2013

Giddens law firm has the skill and experience necessary to help any person who has been injured or killed in a plane crash in Mississippi. Located in Jackson, Mississippi the firm is centrally located and able to assist in any crash across the state.

If there was a sliding scale of injuries in vehicles. If listed from the least serious and least likely to cause injury to the most serious and most likely to cause injury the order would likely be something like this:

1. Single-person bicycle wreck;
2. Bicycle and pedestrian wreck;
3. Bicycle and motorcycle wreck;

15. Plane crash.

At the top of this list of danger in vehicles would have to be plane crashes. This is because airplanes travel at such a high rate of speed and carry highly flammable fuel. Each crash causes immeasurable damage to individuals and families. If you or a loved one have been injured in a plane crash in Mississippi, call us today.

Automobile Accident Wrongful Death Claims in Mississippi

Tuesday, September 3rd, 2013

Unfortunately, many people die tragically each year in automobile accidents on Mississippi highways.  Under such circumstances, survivors of the deceased, whose death was the fault of another, may be able to bring a claim of wrongful death under Mississippi law.  For a lawful action to exist, the deceased person must have had a valid claim of personal injury.  In other words, the person that caused the death would have been at fault for the victim’s injuries if death had not occurred.

Proving an auto accident wrongful death claim can become incredibly complicated and tedious.  A plaintiff may be forced to confront many personal emotions rather quickly in the aftermath of the accident, being subjected to contentious, intrusive, and emotionally demanding defense tactics and strategies.  For this reason, many families of victims killed in auto accidents avoid filing suit or investigating whether a claim of wrongful death.  Eventually, when such parties regain themselves from grieving, they discover the statute of limitations to bring a lawsuit has elapsed, and that they lost their opportunity to recover damages through the legal system.

However, all fatal auto accidents do not require survivors to take legal action against a single defendant.  To receive damages, a plaintiff must prove that an individual or other entity caused (or created the conditions for) the fatality.  For example, in the common case of a drunk driving fatality, in which an intoxicated driver collides into another car at a red light and kills one of the passengers, the drunk driver’s recklessness and above legal alcohol limit may make him liable for damages.  Nonetheless, many other parties may also be held liable under certain circumstances, including, but not limited to the manufacturer of a defective automobile or defective part, the state of Mississippi for failure to maintain safe road conditions, or a company that owns one of the vehicles in involved in the accident.

In assessing the amount of damages that are recoverable in a wrongful death suit, there are six types to consider that may be awarded:

  • Loss of love, companionship, care and affection, guidance and protection. Such damages are often referred to as “loss of consortium” damages, and are generally non-mandatory, often awarded on a discretionary basis.
  • Pain, sorrow, anguish, shock, and mental suffering.  Survivors of the deceased may receive damages for their pain and suffering.
  • Loss of services and income.  Survivors may be awarded damages for their economic loss caused by the death.  Generally, the calculation of these damages is the loss of economic assistance that each beneficiary would have obtained from the decedent.  In situations where a wrongful death action is initiated on behalf of the estate, future earnings of the deceased can be used as the gauge of damages.
  • Burial and funeral expenses.  Such expenses are awarded if previously paid out by the beneficiary, or the beneficiary is responsible for payment.
  • Medical expenses.  Medical expense damages are awarded if the beneficiary previously paid out the costs or is responsible for payment.
  • Punitive damages.  Such damages are meant to punish the defendant, and may be awarded if the person that caused the death behaved with egregious and reckless disregard.  Typically, the jury will assess the amount awarded by taking into consideration whether outside aggravating circumstances surrounded the wrongful act.

Wrongful death claims can be complex and difficult to navigate.  The Giddens Law Firm can help to give you sound legal advice so that your investigation is handled efficiently and effectively.  Most importantly we will help you get the recourse you deserve for loss of a loved one involved in a tragic auto accident.  Call our offices at 601-355-2022 to receive a free consultation if you are involved in a Mississippi auto accident wrongful death case.