Articles Posted in Negligence

Mr. Mullins, arguing in Court
Negligent drivers, foul weather, and rider error are some of the most common causes of motorcycle accidents. In some scenarios, though, none of them are to blame. If you are injured and you believe it was due to a part on the motorcycle or a defective tire, call Coxwell & Associates, PLLC. The attorneys at Coxwell & Associates have handled product liability claims of many types, and they understand the need for fast action and good expert assistance.

If you were seriously hurt despite otherwise perfect conditions, the manufacturer of your bike—or one of its components—may be responsible. Product manufacturers have a duty to produce goods that are reasonably safe when used in a reasonable manner. Should a motorcycle or one of its parts have a defect that causes an accident, anyone who is injured as a result may have grounds for a product liability claim. It is not uncommon in automobile cases to have product liability cases involving cars or tires.

To build a successful claim against a motorcycle manufacturer, you will have to prove four primary elements. Read on to learn what these elements are:

Mr. Mullins, arguing in Court
Truck accidents tend to cause extensive—and oftentimes catastrophic—damage. In fact, it’s not uncommon for victims to incur tens of thousands of dollars in medical bills, lost income, property repairs, and other unexpected costs. In the legal system, these are called special damages, as opposed to damages for pain and suffering, loss of enjoyment of life, ect. Unfortunately, insurers use all kinds of strategies to deny or at least devalue such claims. One of the most common defenses asserted by insurance companies is to argue that the claimant has failed to mitigate their damages. Defendants in these cases are only responsible for covering the losses for which they are liable. If a claimant’s own negligence exacerbates their injuries and increases their damages, the insurance company might refuse to pay for 100 percent of their losses. If you were hurt in a large truck crash, here are a few steps you can take to reduce the likelihood of facing a dispute over the mitigation of damages:

  1. Following Medical Advice

 
It’s not uncommon for doctors to advise injured patients to stay home from work and to limit their physical activity. You should be diligent about following all such orders, so the opposing party is less likely to argue that your own negligence has inhibited your medical recovery. I personally think people respect other people who fight against all odds and try to make the best out of life even if they are severely injured. Always follow your doctor’s orders. But if your doctor permits a type of physical activity, then you are free to try and perform the activity.

Meltonmyback-300x208

Merrida Coxwell arguing a point in Court.

Impaired motorists are responsible for nearly 30 traffic fatalities around the country every single day. If a drunk driver is to blame for your loved one’s death, your family may have grounds for legal action. While filing a wrongful death claim won’t undo the tragedy you have suffered, it could yield the financial means to put your life back together in the wake of the loss.  In America, recovery of damages is the only way the legal system can make up for the harm experienced from a crash or other type of personal injury. Here are the answers to some of the most frequently asked questions about such claims:

1. How Can I Prove Liability for My Loved One’s Death?

5-4-232x300-1-232x300
This is not a question asked just by people who have a premise liability claim. It is a question asked by everyone who has been injured. The more serious the injury, the more often the question is asked. This is most likely due to the fact that serious injuries lead to more catastrophic costs and expenses for people. When people cannot work they need income to replace lost income. Sometimes, the insurance companies know this so they attempt to play the delay game. Delay the case and if the attorney for the injured person is not aggressive, the insurance companies hope they will settle their case for less. It is up to the attorney to prosecute the case as quickly as possible.

At Coxwell & Associates, we practice aggressive prosecution of cases for our clients when they have been injured. Of course, clients must understand that the legal system is at times slow. For example, if you are waiting on the client to reach maximum medical recovery and be released by the doctor, there is only so much you can do until the client is released. Other times you might be waiting for the test results from experts. There are 100 things that might cause a delay in a case that is beyond the control of the injured person’s attorney. Irrespective of these delays, a good personal injury attorney is going to be well-known by the insurance lawyers. We have had difficult cases resolved quickly, sometimes before a deposition is taken, and other cases that end up going to trial. 

Let’s turn our attention now to premise liability cases. If you were hurt on someone else’s property and you intend to file a premises liability claim, you may be wondering how long it will take to resolve the case. After all, the damages are probably adding up fast. While there’s no set timeline for resolving such cases, a seasoned personal injury attorney can give you an idea of what to expect after evaluating the circumstances. By applying experience, relevant statutes, and applicable precedents, your lawyer can predict how long the proceedings might last.

beckettwithbook-200x300
If you are injured in an auto crash in or around the City of Jackson or any part of Mississippi, my answer is NO unless you are in a crash that involves absolutely no injuries. You need to realize that it can be difficult to know if you have injuries for several weeks or months in some instances. I have been involved with clients in cases where a ruptured disc was not located until several weeks and even months after an auto crash. I recall a close friend who was in a crash in Florida. He was examined at a medical clinic in Florida and told he had no medical problems. As the weeks passed his shoulder kept hurting and aching. When he went to an orthopedic clinic in the Metro area the doctor discovered a torn rotator cuff. I have repeatedly said don’t even think about resolving an auto crash until you are 1000% certain you have no injuries.

So, what is the problem talking with the insurance adjuster for the person who crashed into you? Well, for one thing, the adjuster works for an insurance company and that insurance company wants to save money. Insurance companies learned decades ago that the best way to save money is to pay as little as possible on claims. In America, the only type of compensation the justice system can offer is money damages. The insurance company cannot give you back your health. They cannot return someone’s life that might be lost from a crash. The insurance company cannot restore your ability to work. But the adjuster can save his company money by seeing that your legal damages are as little as possible. The adjuster is not your friend. He or she might be sympathetic to your problems but you are not his boss and you don’t pay him.  Do you think the adjuster will move up in their position by paying the maximum amount in claims? (See my short video on this topic here).

When you talk to the adjuster for the person who crashed into you, it is very likely you could say something that might not be true after you get a complete medical workup. Or you may say something that allows the adjuster to claim you were at fault for the crash. How about a personal example. I was coming down I-55 about to take the High Street exit. There was a man in the left lane that wanted to get over because he did not want to take the exit. Of course, I did not know this. The man did not have his blinker on. He just suddenly slammed into my SUV almost flipping my vehicle in his effort to move into my lane. He admitted it was his fault at the crash scene, but within a day the adjuster was telling me I was at fault. I spent five seconds on the phone with the adjuster before hanging up and filing a civil action. Within three days the adjuster called and asked for an estimate for my repairs. Luckily I was an attorney and could move quickly.

5-4-1-232x300
A vehicle accident can happen to anyone at any time. Injuries sustained from car crashes can have long-lasting effects on all areas of your life. From the pain, suffering, and medical bills to absent from work. Injuries can be devastating. If you or somebody you know sustains injuries following an auto accident, the best choice of action is to enlist the services of a car crash lawyer in the Jackson Metro area. Coxwell & Associates are family-oriented, involved in their communities, and life-long Mississippi residents. They live, work and have a deep interest in their community, unlike some national firms that might only be interested in your business.

Coxwell & Associates understands that your best interest is getting the compensation you deserve if you have a legitimate claim. This is where we come in. We understand the results matter. For this reason, we are dedicated to ensuring successful vehicle accident claims on your behalf.

Extensive research and numerous studies show that personal injury plaintiffs that hire a car crash lawyer are more likely to succeed and receive better settlements than those who choose to represent themselves. The benefit of a civil plaintiff attorney that is knowledgeable, skilled, and diligent is indisputable.

If you were injured in a trip or slip and fall accident in Mississippi, you may be entitled to compensation for lost wages, medical bills, pain and suffering, and other damages.

Business man pointing to transparent board with text Claims

For your claim to be successful, it must be shown that the landowner or occupier of the property where your accident occurred owed you a duty of care and breached that duty. The Jackson slip and fall attorneys at Coxwell & Associates can help you gather the evidence needed to prove negligence, liability, and the value of your damages.

Time is of the essence in any premises liability case because important evidence like surveillance footage may eventually become unavailable. Our personal injury lawyers will get to work immediately and help you avoid costly mistakes like accepting a settlement too early, making a recorded statement to the insurance company, or overlooking non-economic or future damages.

15900072813_847201b637_o

Each year, thousands of Americans are injured or killed on roads and highways simply due to poor road conditions. Poor conditions can be a result of natural events like flash floods or ice storms, but dangerous conditions can also result from poor upkeep and physical condition. Even though there are state and federal laws in place that require cities to maintain safe roadways, it’s impossible to ensure that every single road is totally safe.

The Federal Highway Administration is the U.S. agency responsible for assisting local and state governments design, build and maintain safe roadways. They monitor accidents, making regular inspections of accident scenes where road maintenance, design or defects either are, or are suspected to be, contributing factors.

These agencies are also responsible for providing proper signage, lighting, pavement markings, signals and traffic control services. If such necessary precautions aren’t in place, and an accident occurs due to hazardous road conditions, the responsible government agencies may be liable.

medical malpractice

Medical malpractice is a term many are familiar with, or have at least heard in passing.  But, do you really know what it means?  It’s much more than just a dissatisfied customer.

Medical malpractice occurs when a patient is harmed by a doctor or nurse who fails to provide proper health care treatment.  Legally, medical malpractice means that a doctor or medical provider must have been negligent in some way (i.e. the provider was not reasonably skillful or competent, resulting in harm to a patient).

It is understood when examining the medical field that on a small scale, mistakes will be made.  However, within that small scale, certain types of errors do crop up more often than others.  These are the top five most common types of medical malpractice:

78281288

Personal injury lawsuits exist so that injured parties can be compensated for the damages (harms and losses) that occur as a result of the wrongdoing when someone or some company does not follow the rules of safety. Harms and losses can be past and future lost wages, past and future medical bills, property damage, loss of enjoyment of life, mental and physical suffering, and those types of injuries. There are some cases, however, that go beyond simple compensation. Sometimes, there is cause to punish the defendant, much the same way that people are punished in the criminal justice system when they do wrong. In these instances, the defendant may be ordered to pay an additional sum of money known as punitive damages.

Punitive damages are intended to be a form of punishment for severe wrongdoing that was especially harmful. The point is to deter this person or company from committing the same egregious act again. Most Americans are familiar the concept of punitive damages. They are often the primary focus in media coverage of high profile cases. This kind of exposure has given the general public the impression that this is a common practice, but in fact, you will only hear of punitive damages being awarded in a small percentage of cases. This is due to the stringent requirements that are associated with punitive damages. The majority of cases simply do not qualify.

In order to be awarded punitive damages, the injured party (and their legal team) must prove that the defendant intentionally disregarded the health and well-being of others. Generally speaking, the act must have been reckless and dangerous. This is why you almost never hear of punitive damages being awarded in breach of contract cases. They can occur in any case, but the most commonly awarded punitive damages occur in medical malpractice lawsuits.In cases that do qualify for punitive damages, the amount that is awarded depends on the wealth of the defendant. In Mississippi, the maximum amount that is permitted by law is 2% of the guilty party’s net worth. This doesn’t usually amount to much. For example, the average household net worth in Mississippi is $335,826. Based on that information, 2% of the average Mississippian’s net worth is less than $7,000. Even if you are injured by an exceptionally wealthy individual, our state has a separate set of limitations that apply to defendants worth $50 Million or more. Punitive damages are meant to be a corrective action; they are not intended to bankrupt the defendant.

Contact Information