After suffering serious injuries, you may be unable to work and worried about how you will afford expensive medical care. Whether you were hurt in a truck accident, injured by a defective product, assaulted at your apartment, or involved in another incident, it is crucial to retain an experienced attorney to advise and represent you. In many cases, there is insurance to cover the costs that you may face, but most insurers are reluctant to pay the full value of claims unless a victim retains an aggressive lawyer. The Jackson personal injury lawyers at Nahon, Saharovich & Trotz are aggressive advocates for their clients, and we can advise you on your legal options.Assert Your Rights After an Accident
Motor vehicle accidents are relatively common and may be life-changing. To establish your right to recover compensation from a negligent driver, you will need to show that the driver failed to use reasonable care to avoid harming you and that this failure caused your injuries. Mississippi follows the rule of pure comparative fault, which means that you may recover some compensation from an at-fault driver even if you are found to have been partially responsible for the accident. It is critical to consult with an attorney who can interview witnesses and take other steps to prove the other driver’s fault.
Some of the most devastating crashes involve 18-wheelers, big rigs, and other commercial vehicles. Victims in passenger cars often suffer catastrophic injuries when they have been struck by a massive truck. Injured victims may be able to hold not only the truck driver but also the trucking company accountable for their damages. The theory of vicarious liability provides that an employer may be liable for the careless conduct of an employee who was acting in the scope and course of their employment at the time of the wreck. This may be useful because trucking companies typically carry more substantial insurance than an individual driver.
If you were injured on the job, your only way to recover compensation from your employer may be through workers' compensation insurance. An occupational injury or illness is a condition that arises on the job through performance of job duties. Exceptions to the general rule that employers must have workers' compensation insurance include businesses with less than five employees and businesses that employ only independent contractors or volunteers. To recover benefits, you need not necessarily prove fault. Workers' compensation claims are administered by the Mississippi Workers' Compensation Commission.
Property owners have a responsibility to ensure that their premises are reasonably safe for people who enter them or live on them. The owners of apartment complexes, office buildings, shopping centers, and other properties potentially may be held liable when they fail to provide adequate security to protect against the risk of third-party criminal attacks, such as muggings or sexual assaults. Poor lighting, a lack of security guards in a parking lot, broken locks on doors or windows, and other faulty security measures may be compelling evidence of a property owner’s liability. In these cases, it is important to show that the third party’s criminal actions were reasonably foreseeable, which is often accomplished through expert testimony.
Doctors and other health care providers in Mississippi may be held accountable for failing to provide competent care to their patients. For example, a doctor may fail to order the appropriate diagnostic tests, resulting in a condition not being detected until it has advanced to a more serious stage. In other cases, an anesthesiologist may supply an inappropriate dose of anesthesia, or a nurse may provide a patient with a medication to which they have noted an allergy. These and other instances of medical negligence may result in liability for a health care provider if the plaintiff can secure an expert witness to persuasively testify about the defendant’s inadequate level of care and how it caused their injuries.
Similarly, elderly people are among the most vulnerable members of our communities. Families who are unable to properly care for their aging loved ones sometimes must entrust them to the care of nursing homes or other assisted living facilities. Tragically, acts of negligence and even abuse are pervasive in these settings. Residents may suffer from bed sores, malnutrition, dehydration, physical abuse, sexual abuse, and other forms of harm. Facilities also may be held accountable when one resident causes harm to another resident because the staff failed to properly monitor the situation. A nursing home negligence or abuse claim may hold individual staff members as well as facilities accountable for their conduct.
Many serious accidents result from products that should not have been released to the public. In Mississippi, consumers who are injured by a defective product may seek recourse by bringing a product liability lawsuit against the manufacturer or seller of the product. In general, you will need to establish that you were hurt due to a defect in the product. You must prove by a preponderance of the evidence that the product was defective at the time that it left the control of the manufacturer or seller. The defects may be related to manufacturing, design, or warnings or instructions about the product’s proper use.Retain an Experienced Personal Injury Lawyer in Jackson
Jackson is the largest city in Mississippi. Located on the Pearl River, it is named for Andrew Jackson, a general and former U.S. President. The city has long been known for its blues and jazz musicians. At Nahon, Saharovich & Trotz, our tenacious Jackson personal injury attorneys can help you seek damages, benefits, or both, depending on your situation. With 32 attorneys and more than 100 staff members, we are well equipped to help you. Contact our office by calling 1-800-LAW-4004 or by completing our online form to set up a free consultation with a personal injury, Social Security, or workers’ compensation attorney.