Articles Posted in Personal Injury

thompsonandme-300x200If you’re recovering from serious injuries, dealing with insurance adjusters and navigating complicated legal proceedings are probably at the bottom of your to-do list. Should you have grounds for a claim, though, failing to take action right away could prevent you from obtaining fair compensation. The attorneys at Coxwell & Associates, PLLC work out of Jackson, Mississippi. We travel and represent people throughout the entire State of Mississippi on car crashes, other personal injuries, and criminal defense.

Below are just a few signs that you might have a strong personal injury claim:

  1. You Played No Role in Causing the Accident

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.

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.

coxwellpostcard-1-300x220
Mississippi State Prisons and some county jails have been in the news a lot recently. The conditions as seen on television and other media outlets can best be described as abysmal. The word abysmal might be an understatement for the conditions at the Mississippi State Penitentiary.  We won’t go into all the reasons that have contributed to this monumental problem other than to say a lack of money, arising from a lack of interest in people who are incarcerated. This is an unusual attitude from Legislators and the public at large, considering the high rate at which Mississippi incarcerates its citizens. You can hardly talk to a person nowadays that does not have a distant family member or a friend who has been incarcerated. Drugs are of course one of the largest reasons. There is hope that society is seeing the drug problem as a health and mental illness problem now instead of war. The idea of rehabilitation has not driven very many positive changes.

Chuck Mullins, a member of Coxwell & Associates, PLLC, a Jackson, Mississippi law firm, has practiced in the area of civil rights for much of his 25 years of law practice. Back in 1998, Chuck prepared a civil rights case for trial which involved the death of a young man who was out of his mind, high on drugs. When the police arrived, instead of treating him as you would a mentally ill person, they treated him with punches and strikes with their baton-like flashlights. They also sat on this skinny boy causing him to die from positional asphyxia. Merrida Coxwell and Chuck Mullins tried the case and obtained a 2.1 million-dollar verdict plus attorney fees against the municipality. This was little comfort to the mom and dad who deeply loved their boy. Incidentally, the father was himself in law enforcement. Mr. Mullins was able to accept the case and work it up for trial because counties, municipalities, and private prisons can be sued for money damages. Counties and municipalities can be sued under a Federal Civil Rights Statute, 42 U.S.C. §1983. Counties and municipalities can also be sued under the Mississippi Tort Claims Act, but a person cannot sue under the Tort Claim Act if they are incarcerated. And what most people don’t know, including lawyers, is that you cannot sue the State of Mississippi or any State in Federal Court and collect money damages. The State has Sovereign Immunity. This is why attorneys do not take cases for personal injuries against the State of Mississippi. Suits against the State are best left to public service organizations that sue the State for what is called Declaratory Relief.

Currently, Chuck Mullins has about fifteen (15) cases pending against counties or private prisons for individuals who are or were incarcerated and who sustained serious personal injuries. The conditions he has observed would shock even the most cold-hearted person. They often arise from what appears to be the callousness of those in charge. Here is a good and typical example of the types of cases we handle in this area. It comes as a shock and sometimes complaint against us from people when they learn we do not handle every civil rights case. Our practice is limited to cases that involve serious injury. We are mindful and respectful of those cases that do not involve serious injury, but the simple truth is that the legal system is too expensive to try and move a routine civil rights violation through the system. There is an organization in Mississippi that is trying to keep a record of civil rights violations. They are looking for systemic patterns of abuse. We generally direct people with no injury to that organization.

Being involved in an automobile accident is clearly a frightening experience. It goes without saying that calling emergency first aid, if needed, and reporting the accident to the police are essential steps, but identifying witnesses are equally as important. Getting their statements about what they saw can be crucial to successfully securing compensation if you’ve suffered an injury. They can also help shine your case in the strongest light if the evidence is used in court. Here’s how to write a witness statement in eight easy steps.

writing in book

After the emergency services have been called and you’ve exchanged details with the other party involved in your accident, follow these steps when writing down a witness statement or if you’re asking somebody to do it on your behalf, here’s some advice to give them.

Step #1: Include Witness Details

Personal injury lawsuits are common in Mississippi. This can cover anything from victims of car crashes or even distracted walking. To raise awareness around just how common these lawsuits are, we’ve put together a collection of statistics and facts that outline the major causes of personal injury lawsuits.

If you’re not sure on the main causes and think you might be eligible to file a lawsuit for a recent accident that wasn’t your fault, read on to find out everything you need to know and take the first step towards justice and a settlement figure you deserve.

accident-adult-african-1539678-104099-edited

We’ll discuss:

Social media has become a cornerstone of modern life. Most Americans have an account on at least one social media platform, and many have profiles on multiple sites.

Happy girl texting on the smart phone in a hotel restaurant terrace

According to Pew Research Center, the two most popular platforms are Facebook and YouTube, though that will likely change over the coming years. Other platforms competing for the most users, posts, and daily interactions include Snapchat, Instagram, and Twitter.

The primary draw of social media is the way it connects people. Most users don’t think twice about posting a photo of their breakfast or a status about their latest workout for their friends or followers to see. But if you intend to file a personal injury claim, you should think twice before publishing anything online.

After a serious accident, it’s only natural to want friends and family to know about your injuries and recovery. Many people turn to social media for that very reason. Sites like Facebook and Instagram offer a quick and easy way to keep loved ones informed. Unfortunately, a seemingly benign post might be used by the insurance company to dispute your claim.

top view of Designer hand working with digital tablet computer and smart phone on wooden desk as responsive web design concept

Discussing your accident or injuries on social media is never a good idea while your case is ongoing. You should also refrain from publishing photos of yourself.

Social media websites have become a primary source of evidence for insurance companies. Even if you have been entirely truthful throughout the proceedings, one of your posts might be used to challenge the severity of your injuries or the cause of your accident.

If you’re like most people, you have at least one social media account that you use regularly. According to The Statistics Portal, about 77 percent of Americans have a profile on one or more social media platforms.

Woman sending text message on cellphone 

You might not think twice about updating your status or uploading a photo for friends to see, but if you intend to file a personal injury claim, these seemingly benign posts can derail your entire case. Insurance companies have clued into the fact that social media content can be used to dispute the severity of injuries and other elements of a personal injury case, so it’s best to stay off social media entirely until your claim has been resolved.

For more tips on giving your case the best chance of success, turn to Coxwell & Associates. Our attorneys can help you avoid critical mistakes and use proven legal strategies to fight for the compensation you deserve. Call 877-231-1600 to schedule a free consultation with a personal injury attorney in Jackson.

From jazz lounges and concert venues to cocktail bars and dance clubs, the nightlife scene in Jackson has something for everyone. After a long week of working, studying, or running a household—or all three—nothing is better than unwinding at a bar or club with your favorite drink in hand.

Mid section of smiling woman having glass of cocktail in bar

Although most evenings at Jackson’s hottest watering holes are relatively uneventful, going out at night always poses the risk of injury. From getting in a car accident on the way to the club to slipping and falling at the bar, there are countless ways to sustain unanticipated injuries during a night in the city.

Unfortunately, reckless drivers and negligent bar backs are not the only dangers people face when going out on weekends. Despite the gradually declining violent crime rate over the past 25 years, assault remains a serious problem across the state.

Contact Information