Category Archives: Motorcycle Accident Cases

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Mississippi Motorcycle Accident Injury Lawsuits: What You Need to Know

Motorcycle accidents can have devastating consequences, often resulting in life-altering injuries or even fatalities. In Mississippi, victims of motorcycle accidents have the right to pursue compensation for their injuries, lost wages, medical expenses, and other damages. If you or a loved one has suffered from a motorcycle accident, understanding the legal process and how Mississippi law applies can make a significant difference in your ability to recover fair compensation.

Available 24/7, we serve clients throughout the Jackson, Mississippi metro area and every county in Mississippi. Call us at (601) 969-2709 now to take the first step toward justice.

Understanding Mississippi Motorcycle Accident Laws

Mississippi follows a fault-based system for motorcycle accidents, meaning the party responsible for the accident is also responsible for the resulting damages. Several Mississippi statutes and regulations come into play when filing a motorcycle accident injury lawsuit:

  1. Comparative Negligence (Miss. Code Ann. § 11-7-15): Mississippi applies a pure comparative negligence rule, meaning you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For instance, if you’re found to be 20% responsible, your award will be reduced by 20%.
  2. Statute of Limitations (Miss. Code Ann. § 15-1-49): You have three years from the date of the accident to file a personal injury lawsuit. Failure to file within this timeframe may result in losing your right to pursue compensation.
  3. Insurance Requirements (Miss. Code Ann. § 63-15-4): Mississippi law requires all motorcyclists to carry minimum liability insurance coverage. However, in cases where the at-fault driver is uninsured or underinsured, an experienced attorney can help explore other avenues for compensation.

Common Motorcycle Accident Scenarios in Mississippi

Motorcycle accidents can occur in various situations, and understanding the common scenarios can shed light on liability and potential legal claims:

  • Left-Turn Collisions: Drivers often fail to see motorcycles when making left turns, leading to severe accidents.
  • Lane Switching: Many accidents occur when drivers change lanes without noticing a motorcycle in their blind spot.
  • Rear-End Collisions: Motorcycles can stop quickly, but if a vehicle behind fails to do the same, the impact can be catastrophic.
  • Intersection Accidents: Intersections are particularly dangerous for motorcyclists due to the high risk of vehicles disregarding stop signs or traffic signals.
  • Road Hazards: Poorly maintained roads, debris, or sudden obstacles can cause motorcyclists to lose control, leading to severe accidents.

Types of Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. Common injuries include:

  • Traumatic Brain Injuries (TBI): Even with a helmet, riders are at risk of suffering a TBI, which can have long-term effects on cognitive and physical abilities.
  • Spinal Cord Injuries: These injuries can lead to partial or complete paralysis, significantly impacting the victim’s quality of life.
  • Fractures and Broken Bones: The impact from a collision often causes broken bones, which may require surgery and extensive rehabilitation.
  • Road Rash: When a rider is thrown from the motorcycle, they may suffer severe skin abrasions known as road rash, which can lead to infections or scarring.
  • Internal Injuries: Damage to internal organs, such as the liver or spleen, can be life-threatening and require immediate medical attention.

In the most tragic cases, these injuries can be fatal, leaving families to cope with an unexpected and heartbreaking loss.

Potential Damages and Compensation in Mississippi Motorcycle Accident Cases

Victims of motorcycle accidents in Mississippi may be entitled to various forms of compensation, including:

  1. Medical Expenses: Coverage for current and future medical bills, rehabilitation, therapy, and medication.
  2. Lost Wages: Compensation for the income lost due to the inability to work, as well as loss of future earning capacity if the injuries are permanent.
  3. Pain and Suffering: Damages for physical pain, emotional distress, and the psychological impact of the accident.
  4. Property Damage: Reimbursement for repairs or replacement of your motorcycle and any other personal property damaged in the accident.
  5. Loss of Consortium: If the injuries have affected your relationship with your spouse, you may be eligible for compensation for loss of companionship or intimacy.

The Personal Injury Lawsuit Process in Mississippi

Filing a motorcycle accident injury lawsuit can be complex, but understanding the process can help:

  1. Initial Consultation: This is your opportunity to discuss the accident with an experienced attorney, who will evaluate the strength of your case.
  2. Investigation: Your attorney will gather evidence, including police reports, witness statements, medical records, and expert testimony, to build your case.
  3. Filing the Complaint: The lawsuit officially begins when your attorney files a complaint in the appropriate Mississippi court.
  4. Discovery Phase: Both parties exchange information, documents, and evidence. This phase may involve depositions and interrogatories.
  5. Settlement Negotiations: Many cases are settled out of court, where your attorney will negotiate on your behalf to reach a fair settlement.
  6. Trial: If a settlement cannot be reached, the case will go to trial, where a judge or jury will determine the outcome.

Why You Need an Experienced Mississippi Personal Injury Lawyer

Hiring an experienced Mississippi personal injury lawyer can make a world of difference in your case. Here’s why:

  • Knowledge of Mississippi Laws: Mississippi’s comparative negligence rule, insurance regulations, and personal injury laws are complex. An experienced attorney ensures that your rights are protected and that you receive the compensation you deserve.
  • Negotiating with Insurance Companies: Insurance companies often attempt to minimize payouts. An attorney with experience in handling motorcycle accident claims will fight for the full compensation you deserve.
  • Proving Fault: Establishing negligence requires thorough investigation and evidence. An attorney will have the resources to gather the necessary proof and build a strong case.

Why Our Small Firm Can Help You Get Full Compensation vs. Big Advertiser Law Firms

Choosing Kellum Law Firm, P.C. means opting for personalized attention, dedication, and decades of experience in handling motorcycle accident cases. Unlike the “big advertiser” injury law firms that often juggle hundreds of cases simultaneously, we prioritize your case, providing tailored legal strategies and one-on-one communication. You’re not just another case number here – you’re our priority.

FAQs about Mississippi Motorcycle Accident Injury Lawsuits

How long do I have to file a motorcycle accident injury lawsuit in Mississippi?
You have three years from the date of the accident to file a personal injury lawsuit in Mississippi, as per Miss. Code Ann. § 15-1-49. If you miss this deadline, you may lose your right to seek compensation.

Can I still recover compensation if I was partially at fault for the motorcycle accident?
Yes, Mississippi follows a pure comparative negligence rule. You can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault.

What should I do immediately after a motorcycle accident in Mississippi?
Seek medical attention, report the accident to law enforcement, document the scene, gather witness information, and contact an experienced personal injury lawyer to protect your rights.

What if the at-fault driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to pursue compensation through your own insurance policy’s uninsured/underinsured motorist coverage or explore other legal avenues with the help of an attorney.

How is pain and suffering calculated in a motorcycle accident injury lawsuit?
Pain and suffering are subjective and vary based on the severity of the injury, impact on your life, and emotional distress. An experienced attorney will help quantify this aspect to ensure fair compensation.

Why Choose Kellum Law Firm, P.C.?

At Kellum Law Firm, P.C., we have a proven track record of successfully representing motorcycle accident injury victims throughout Mississippi. We pride ourselves on:

  • Personalized Attention: We take the time to understand your unique situation and tailor our legal strategies to your specific needs.
  • Extensive Experience: Our team has decades of experience handling motorcycle accident injury claims, ensuring you receive the best possible representation.
  • Statewide Service: We serve clients across Mississippi, including the Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.

We Represent Injury Victims Throughout the State of Mississippi

Our firm proudly serves motorcycle accident victims across the entire state, including:

  • The Mississippi Gulf Coast
  • The Pine Belt
  • Central Mississippi
  • Oxford, Tupelo, and North Mississippi

FREE CONSULTATIONS OFFERED 24/7

We Represent Clients In ALL Towns, Cities, and Counties In Mississippi

If you or a loved one has been injured in a motorcycle accident in Mississippi, don’t face this battle alone. Let the experienced attorneys at Kellum Law Firm, P.C. fight for your rights and help you recover the compensation you deserve. Contact us today for a free consultation, available 24/7 at (601) 969-2709. We handle your case with compassion, dedication, and a relentless pursuit of justice. You deserve full compensation, and we’re here to fight for your rights.

Our dedication to our clients sets us apart, as we work tirelessly to secure justice and fair compensation. With extensive experience in wrongful death and personal injury cases, our firm has the knowledge and resources to stand up to insurance companies and large trucking corporations. We represent injury victims throughout the State of Mississippi, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Mississippi Motorcycle Wrongful Death Lawsuits: Seeking Justice for Your Loved One

Motorcycle accidents can be tragic, often resulting in severe injuries or fatalities. When these accidents occur due to another party’s negligence, the victim’s family may be entitled to pursue a wrongful death claim. In Mississippi, this type of legal action allows surviving family members to seek compensation for the financial, emotional, and personal losses they’ve suffered. Understanding how Mississippi laws apply to these cases is crucial for building a strong claim.

Kellum Law Firm, P.C. is here to fight for you. With our extensive experience and track record of success, we can help you secure the compensation you deserve.

Contact us 24/7 for a free consultation at (601) 969-2709. We serve clients throughout the Mississippi and every county throughout the state of Mississippi. Let us be your advocate in this challenging time.

Understanding Wrongful Death in Mississippi

In Mississippi, wrongful death claims are governed by Mississippi Code § 11-7-13. This statute allows the deceased’s spouse, children, parents, or personal representative to file a lawsuit when a person’s death is caused by another’s wrongful or negligent actions. The purpose of a wrongful death lawsuit is to provide the victim’s family with a legal remedy for the pain, suffering, and financial hardships they’ve endured.

Common Scenarios Leading to Fatal Motorcycle Accidents in Mississippi

Motorcycle accidents are often caused by various factors, many of which involve negligence or recklessness. The most common scenarios include:

  1. Driver Negligence: Motorists who fail to check blind spots, drive distracted, or engage in reckless behaviors like speeding can easily collide with motorcyclists.
  2. Impaired Driving: Accidents involving alcohol or drug impairment are unfortunately common. Intoxicated drivers have slower reaction times and impaired judgment, making fatal accidents more likely.
  3. Unsafe Road Conditions: Poorly maintained roads, potholes, or debris can create hazardous conditions for motorcyclists. When municipalities or construction companies fail to maintain safe roads, they may be held liable.
  4. Vehicle Defects: A defective motorcycle part, such as faulty brakes or tires, can lead to catastrophic accidents. In such cases, manufacturers or distributors may be liable for the resulting wrongful death.
  5. Weather Conditions: While weather isn’t a party that can be sued, a driver’s failure to adjust their behavior in inclement weather could be considered negligence, especially if it results in an accident.

Types of Fatal Injuries in Motorcycle Accidents

Motorcycle accidents often lead to severe injuries due to the lack of protective barriers. Common fatal injuries include:

  • Traumatic Brain Injuries (TBI): Head injuries are frequent in motorcycle accidents, even with helmets. A traumatic brain injury can cause immediate or delayed death.
  • Spinal Cord Injuries: Damage to the spinal cord often leads to paralysis or fatal complications, especially if vital functions like breathing are affected.
  • Internal Bleeding: Blunt force trauma from a collision can cause internal organs to rupture, leading to fatal bleeding if not treated promptly.
  • Severe Fractures: Broken bones can puncture internal organs or blood vessels, potentially resulting in life-threatening complications.
  • Road Rash: While seemingly less severe, extensive road rash can lead to fatal infections if not properly treated.

Damages and Compensation in Mississippi Wrongful Death Claims

Families who have lost a loved one in a motorcycle accident may be entitled to various types of compensation, such as:

  1. Medical Expenses: Reimbursement for medical costs incurred before the victim’s death.
  2. Funeral and Burial Expenses: Compensation for funeral and burial costs.
  3. Lost Wages and Benefits: Including future earnings the deceased would have contributed to the family.
  4. Loss of Companionship: Compensation for the emotional pain and suffering experienced by surviving family members.
  5. Pain and Suffering: For the pain endured by the deceased before passing away.

It’s important to note that Mississippi applies a comparative negligence rule (§ 11-7-15). This means that if the victim is found to be partially at fault, the compensation awarded can be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault, the total damages awarded will be reduced by 20%.

The Mississippi Wrongful Death Lawsuit Process

Filing a wrongful death claim involves several key steps:

  1. Consultation: Speak with an experienced personal injury attorney to evaluate the case and determine the strength of your claim.
  2. Investigation: Your attorney will gather evidence, such as police reports, witness statements, and medical records, to establish liability.
  3. Filing the Claim: A wrongful death lawsuit must be filed in court within the statute of limitations, which is three years from the date of death (Miss. Code Ann. § 15-1-49) in most cases.
  4. Discovery Phase: Both parties exchange evidence, and depositions may be conducted.
  5. Negotiation or Trial: Many cases settle out of court through negotiation, but some may proceed to trial to secure fair compensation.

Why You Need a Mississippi Personal Injury Lawyer

The complexities of wrongful death claims in Mississippi require the guidance of a knowledgeable attorney. From gathering evidence to negotiating with insurance companies, an experienced lawyer ensures your rights are protected and that you pursue maximum compensation. An attorney can also navigate Mississippi’s legal landscape, including any contributory negligence issues that may arise.

Why Kellum Law Firm, P.C. Is Different from “Big Advertiser” Injury Law Firms

Unlike large, impersonal law firms that handle cases in bulk, Kellum Law Firm, P.C. provides personalized, attentive service to each client. Here’s how we stand out:

  • Personal Attention: You won’t be treated as just another case. We take the time to understand your unique situation and develop a tailored legal strategy.
  • Proven Track Record: Our firm has secured substantial settlements for clients throughout Mississippi, demonstrating our ability to achieve favorable outcomes.
  • Accessible and Transparent: With Kellum Law Firm, P.C., you will have direct access to your attorney, who will keep you informed every step of the way.
  • Local Knowledge: As a Mississippi-based firm, we have extensive knowledge of state laws, court procedures, and local insurance practices, ensuring your case is handled efficiently.

FAQs About Mississippi Motorcycle Wrongful Death Lawsuits

What is the statute of limitations for a wrongful death claim in Mississippi?

Mississippi law requires wrongful death claims to be filed within three years of the date of death (Miss. Code Ann. § 15-1-49). However, exceptions may apply in certain circumstances, so it’s essential to consult with an attorney as soon as possible.

Who can file a wrongful death claim in Mississippi?

Under Mississippi Code § 11-7-13, a wrongful death claim can be filed by the deceased’s spouse, children, parents, siblings, or personal representative. In some cases, multiple parties may be entitled to recover compensation.

How is fault determined in a motorcycle wrongful death case?

Mississippi follows a comparative negligence rule, meaning fault can be apportioned among multiple parties. If the deceased was partially at fault, the compensation awarded would be reduced by their percentage of fault.

What types of evidence are needed for a wrongful death claim?

Key evidence may include police reports, witness statements, medical records, accident reconstruction reports, and expert testimony. This evidence helps establish liability and the extent of damages.

Can I recover damages if my loved one was partially at fault for the accident?

Yes, under Mississippi’s comparative negligence rule, you can still recover damages even if your loved one was partially at fault. However, the compensation will be reduced by the percentage of fault attributed to them.

Why Choose Kellum Law Firm, P.C.

At Kellum Law Firm, P.C., we have a strong commitment to serving our clients with dedication and compassion. Our firm handles wrongful death claims throughout Mississippi, including:

  • The Mississippi Gulf Coast
  • The Pine Belt
  • Central Mississippi
  • Oxford, Tupelo, and North Mississippi

We understand the emotional toll that a wrongful death case can take on a family, and we’re here to handle the legal complexities while you focus on healing.

FREE CONSULTATIONS OFFERED 24/7

We Represent Clients In ALL Towns, Cities, and Counties In Mississippi

If you’ve lost a loved one in a motorcycle accident and believe another party’s negligence was to blame, you deserve justice and fair compensation. Kellum Law Firm, P.C. is here to fight for you. With our extensive experience and track record of success, we can help you secure the compensation you deserve.

Contact us 24/7 for a free consultation at (601) 969-2709. We serve clients throughout the Mississippi and every county throughout the state of Mississippi. Let us be your advocate in this challenging time. With extensive experience in wrongful death and personal injury cases, our firm has the knowledge and resources to stand up to insurance companies and large trucking corporations. We represent injury victims throughout the State of Mississippi, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents often result in serious injuries due to the lack of protection for riders. If you’ve been injured in a motorcycle accident, it’s essential to understand your rights and the steps you need to take to protect them. At Kellum Law Firm, P.C., we represent motorcycle accident victims throughout Mississippi, with offices in Jackson and Port Gibson to serve clients in south and central Mississippi.

Common Causes of Motorcycle Accidents
Motorcycle accidents can happen for various reasons, many of which involve the negligence of other drivers. Common causes include:

  • Failure to yield
  • Distracted driving
  • Speeding
  • Impaired driving
  • Unsafe lane changes
  • Poor road conditions

Steps to Take After a Motorcycle Accident

Taking the right actions after a motorcycle accident can significantly impact your ability to recover compensation. Here are some important steps to follow:

  • Seek Medical Attention: Your health and safety should be the top priority. Get medical help right away.
  • Document the Scene: Take photos of the accident scene, your motorcycle, and any visible injuries.
  • Get Contact Information: Collect contact details from other drivers, witnesses, and anyone else involved in the accident.
  • Report the Accident: File a report with the police and obtain a copy for your records.
  • Contact an Attorney: Reach out to Kellum Law Firm, P.C. to discuss your case and explore your legal options.

Common Injuries in Motorcycle Accidents

Motorcycle accidents can result in a wide range of injuries, some of which can be life-altering. Common injuries include:

  • Head and Brain Injuries: Helmets can reduce the risk, but head injuries are still common in motorcycle accidents.
  • Spinal Cord Injuries: These can result in partial or complete paralysis, significantly impacting your quality of life.
  • Fractures and Broken Bones: The impact of a crash can cause serious fractures to arms, legs, and other bones.
  • Road Rash: Severe abrasions caused by sliding on the pavement can lead to infections and scarring.
  • Internal Injuries: The force of a collision can cause damage to internal organs, which may not be immediately apparent.

How Kellum Law Firm, P.C. Can Help

At Kellum Law Firm, P.C., we have extensive experience handling motorcycle accident cases. We understand the unique challenges faced by motorcycle accident victims and are dedicated to fighting for the compensation you deserve. This includes medical expenses, lost wages, pain and suffering, and more.

  • Investigation: We will conduct a thorough investigation to determine the cause of the accident and identify all liable parties.
  • Evidence Gathering: Collecting and preserving evidence is crucial for building a strong case. We will gather witness statements, accident scene photos, and any other relevant documentation.
  • Insurance Negotiations: Dealing with insurance companies can be challenging. We will handle all communications and negotiations to ensure you receive a fair settlement.
  • Legal Representation: If a fair settlement cannot be reached, we are prepared to take your case to court. Our goal is to secure the maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages.

If you or a loved one has been injured because of another’ negligence in Mississippi, don’t face the aftermath alone. At Kellum Law Firm, P.C., we have the experience and track record of success to help you navigate your claim and secure the compensation you deserve. We offer a free consultation 24/7 at (601) 969-2709 and proudly serve clients throughout the Jackson metro area and every county in Mississippi. Contact us today to discuss your case and take the first step toward getting your life back on track.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Personal Injury Attorney Bill Kellum. He will evaluate your personal injury case and determine the best course of action to help you recover from your injuries and get your life back on track. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents in Mississippi are a significant concern due to the state’s popular motorcycling routes and the inherent vulnerabilities that motorcyclists face on the roads. Understanding the common causes of these accidents, along with the state’s legal landscape, is crucial for both riders and other motorists. This comprehensive guide explores these aspects, focusing on prevention, legal definitions, the claims process, and other relevant information.

Overview of Motorcycle Accident Risks in Mississippi
Motorcycling carries inherent risks, not least because motorcycles are less stable than four-wheeled vehicles and riders are more exposed to physical harm during accidents. In Mississippi, these risks are compounded by various factors ranging from road conditions to the behavior of other drivers.

1. Visibility Issues and Motorist Awareness – One of the primary dangers for motorcyclists is the lack of visibility to other motorists. Motorcycles are smaller profiles and can easily fall into a vehicle’s blind spots. This issue often leads to accidents involving larger vehicles making left-hand turns at intersections, not noticing an oncoming motorcycle.

2. Road Conditions – Mississippi’s varied terrain and road conditions can also pose significant risks to motorcyclists. Potholes, uneven road surfaces, loose gravel, and other hazards that might be merely inconvenient to a car can be dangerous for a motorcycle, potentially leading to loss of control.

3. Speeding and Reckless Driving – Speeding remains a leading cause of all vehicular accidents, including motorcycles. The higher the speed, the less time there is to react to road hazards or the actions of other drivers. For motorcycles, which require a greater skill level for safe operation, speeding is especially risky.

4. Impaired Driving – Driving under the influence of alcohol or drugs is a critical issue in Mississippi, affecting not just the impaired driver but all road users. Impairment by alcohol or drugs significantly reduces a motorcyclist’s ability to react appropriately to emergency situations.

Legal Definitions and Relevant Mississippi Statutes

Understanding how Mississippi law treats motorcycle accidents is vital for navigating the aftermath of an accident. Here are key statutes and legal definitions:

Mississippi Code Section 63-3-103 outlines rules specific to motorcycle operation, including equipment standards and behaviors prohibited on the road.

Mississippi Code Section 63-7-67 mandates the use of helmets for all motorcycle riders and passengers, emphasizing the state’s commitment to rider safety.

The Claims Process Following a Motorcycle Accident

The process of claiming damages or dealing with legal fallout after a motorcycle accident can be complex. Here’s a general outline of the process:

Step 1: Immediate Response
Safety is the priority immediately following an accident. Once it is safe to do so, gathering evidence at the scene can be crucial, including photos of the accident scene, witness information, and detailed notes of your recollection.

Step 2: Medical Attention
Seeking medical attention not only supports your physical recovery but also provides medical records that serve as evidence of your injuries, which are vital for any claims process.

Step 3: Reporting the Accident
Mississippi law requires that accidents resulting in injury, death, or significant property damage be reported immediately to the local police, sheriff, or highway patrol. This report will be an essential document for insurance and legal purposes.

Step 4: Dealing with Insurance
Notify your insurance company about the accident as soon as possible. Understanding your policy’s coverage for accidents involving uninsured motorists or personal injury protection can significantly affect the compensation you receive.

Step 5: Legal Consultation
Consulting with a legal professional specializing in motorcycle accidents can provide you with an understanding of your rights and the best course of action, particularly if the accident involved potential negligence or complex liability issues.

Motorcycle accidents in Mississippi require careful consideration of both preventative measures and the legal steps that follow an incident. Awareness and understanding of the common causes can help reduce risks, but knowing the legal procedures ensures proper handling of the aftermath if an accident occurs. If you or a loved one has been involved in a motorcycle accident in Mississippi, it’s crucial to get expert legal help to navigate the complexities of your case.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents are life-altering, often resulting in significant physical injuries and complex legal challenges. Navigating the recovery process requires a comprehensive approach that addresses both the physical and legal dimensions. This extensive guide provides an in-depth look at what individuals can expect during their recovery from a motorcycle accident in Mississippi, highlighting the importance of both medical treatment and skilled legal representation.

The Physical Recovery Process

Immediate Medical Attention
The journey to recovery begins with immediate medical attention. Due to the exposed nature of motorcycles, riders often suffer serious injuries that can be life-threatening. Immediate medical treatment not only addresses these critical injuries but also sets the foundation for a detailed medical record, which is crucial for any subsequent legal claims.

Long-Term Rehabilitation
Many motorcycle accident victims face a long road of rehabilitation. This might include surgeries, physical therapy, and counseling to address the psychological impacts of the accident. Each stage should be documented by healthcare professionals, whose records help substantiate the extent and impact of the injuries suffered.

Dealing with Permanent Disabilities
In cases where injuries lead to permanent disabilities, the recovery process includes adjustments to a new way of living. Victims may need to modify their homes, seek ongoing care, and acquire new skills tailored to their capabilities. Professional rehabilitation specialists can provide essential support during this challenging time.

Legal Rehabilitation and Compensation

Navigating Mississippi’s Legal Landscape
Understanding Mississippi’s legal framework is essential for securing fair compensation. The state operates under a “comparative fault” system (Miss. Code Ann. § 11-7-15), meaning that the compensation can be reduced by the percentage of fault the injured party holds in the accident.

Filing an Insurance Claim
The first step in the legal process often involves filing a claim with your insurance company. In Mississippi, it’s crucial to file these claims promptly, as personal injury claims must generally be filed within three years of the accident (Miss. Code Ann. § 15-1-49). Navigating insurance claims requires an understanding of policy details and the benefits available under your coverage.

Seeking Legal Assistance
Engaging a knowledgeable attorney early can significantly affect the outcome of your case. An experienced lawyer can help interpret the complexities of insurance policies, negotiate with insurance adjusters, and, if necessary, pursue litigation to secure adequate compensation for medical costs, lost wages, pain and suffering, and other damages.

The Importance of Legal Expertise in Settlement Negotiations
Settlement negotiations are a critical phase where legal expertise is invaluable. Your attorney can leverage their knowledge and experience to advocate for a settlement that comprehensively covers your long-term needs. If a satisfactory settlement cannot be reached, your attorney can take your case to trial, where they will present evidence and argue on your behalf to secure the compensation you deserve.Recovering from a motorcycle accident in Mississippi involves a multifaceted approach that addresses both physical injuries and legal challenges. The path to recovery can be fraught with obstacles, but with the right medical care and legal support, victims can work towards rebuilding their lives.

FREE CONSULTATIONS OFFERED 24/7

If you or someone you know has been involved in a motorcycle accident in Mississippi, securing expert legal representation is crucial. Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents can have devastating consequences, leading to severe injuries, financial hardship, and emotional distress for victims and their families. In the aftermath of a motorcycle accident in Mississippi, victims may be entitled to seek monetary damages through a personal injury lawsuit. However, understanding the types of damages available and the legal process for pursuing compensation is essential for achieving a fair outcome. In this comprehensive guide, we will explore the various types of monetary damages that motorcycle accident victims in Mississippi could seek in a lawsuit, cite relevant Mississippi statutes, define legal terms, discuss the personal injury case process in Mississippi, and underscore the importance of retaining an experienced attorney to advocate for victims’ rights throughout the legal proceedings.

Relevant Mississippi Statutes

Personal injury law in Mississippi is governed by various statutes and legal principles, including but not limited to:

Mississippi Code Annotated § 11-1-60: This statute outlines the statute of limitations for filing personal injury lawsuits in Mississippi, which is generally three years from the date of the accident. § 11-1-60 also statute addresses the doctrine of comparative negligence in Mississippi, which allows plaintiffs to recover damages even if they are partially at fault for the accident, although their recovery may be reduced by their percentage of fault. This statute governs the calculation of damages in personal injury cases, including economic and non-economic damages.

Legal Definitions

Understanding key legal terms related to personal injury lawsuits is essential:

  1. Monetary Damages: Financial compensation awarded to a plaintiff in a personal injury lawsuit to compensate for losses incurred as a result of the defendant’s negligence or wrongful conduct.
  1. Economic Damages: Tangible losses that can be objectively quantified, such as medical expenses, lost wages, property damage, and future financial losses.
  1. Non-Economic Damages: Intangible losses that are more subjective in nature, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Types of Monetary Damages

Motorcycle accident victims in Mississippi may seek various types of monetary damages in a personal injury lawsuit, including:

  1. Medical Expenses: Compensation for past, present, and future medical treatment related to injuries sustained in the accident, including hospital bills, surgery costs, medication expenses, rehabilitation therapy, and assistive devices.
  1. Lost Wages: Reimbursement for income lost due to time missed from work as a result of the accident and injuries, including lost wages, salary, bonuses, and other employment benefits.
  1. Property Damage: Compensation for repair or replacement costs of the motorcycle and other damaged property, including vehicle repairs, towing fees, and rental vehicle expenses.
  1. Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress endured as a result of the accident and injuries, including chronic pain, mental anguish, and loss of enjoyment of life.
  1. Loss of Consortium: Compensation for the loss of companionship, affection, and support suffered by the victim’s spouse or family members as a result of the injuries sustained in the accident.

Personal Injury Case Process in Mississippi

The personal injury case process in Mississippi typically involves the following steps:

  1. Consultation with an Attorney: The process begins with an initial consultation with an experienced Mississippi motorcycle accident attorney. During this meeting, the attorney evaluates the merits of the case, discusses legal options, and advises the victim on the best course of action.
  1. Investigation and Evidence Gathering: The attorney conducts a thorough investigation into the accident, gathering evidence such as police reports, witness statements, medical records, and expert opinions to build a strong case for compensation.
  1. Filing a Lawsuit: If a settlement cannot be reached through negotiations with the insurance company, the attorney files a lawsuit on behalf of the victim, initiating formal legal proceedings against the at-fault party.
  1. Discovery: Both parties exchange evidence and information through a process known as discovery, which may include written interrogatories, document requests, depositions, and other discovery methods.
  1. Settlement Negotiations: The attorney negotiates with the insurance company or defense counsel to reach a fair settlement that compensates the victim for their losses. If a settlement cannot be reached, the case may proceed to trial.
  1. Trial: If the case goes to trial, the attorney presents evidence, witnesses, and legal arguments to a judge and/or jury, seeking a favorable verdict and maximum compensation for the victim.

Why You Need an Attorney

Retaining an experienced Mississippi motorcycle accident attorney is crucial for several reasons:

  • Legal Experience & Specialize Legal Knowledge: An attorney specializing in motorcycle accident cases understands the intricacies of Mississippi personal injury law and can navigate the complexities of the legal system on behalf of the victim.
  • Negotiation Skills: An attorney can negotiate with insurance companies and defense counsel to secure a fair settlement that fully compensates the victim for their losses.
  • Evidence Gathering: An attorney conducts a comprehensive investigation into the accident, gathering evidence and expert opinions to support the victim’s claim for compensation.
  • Courtroom Representation: If the case goes to trial, an attorney provides skilled courtroom representation, presenting evidence and legal arguments to advocate for the victim’s rights and interests.

In conclusion, motorcycle accident victims in Mississippi may seek various types of monetary damages in a personal injury lawsuit to compensate for their losses. By understanding the legal process and the importance of retaining an experienced attorney, victims can pursue fair compensation and hold negligent parties accountable for their actions.

If you or a loved one has been injured in a Motorcycle accident in Jackson, Mississippi, please do not wait to seek legal help. Contact Kellum Law Firm, PC, today to schedule a free consultation with Jackson, Mississippi Motorcycle Accident Lawyer Bill Kellum. We’ll review the details of your case, explain your rights and options, and work tirelessly to pursue the compensation you deserve. With Kellum Law Firm, PC, by your side, you can trust that your legal needs will be handled with care, compassion, and dedication.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Motorcycle Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Auto Accident Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Motorcycle accidents can be devastating, resulting in severe injuries, property damage, and financial losses. If you have been involved in a motorcycle accident in Mississippi, it’s important to understand the process for filing a motorcycle accident claim. In this article, we’ll guide you through the steps of filing a motorcycle accident claim in Mississippi.

Mississippi Motorcycle Insurance Laws

In Mississippi, all motorcycle riders are required to carry liability insurance. The minimum liability insurance requirements for motorcycles in Mississippi are:

$25,000 for bodily injury per person
$50,000 for bodily injury per accident
$25,000 for property damage per accident
Liability insurance covers damages or injuries that the motorcycle rider causes to others. It does not cover damages or injuries to the rider or their motorcycle. Riders can also purchase optional insurance coverage, such as collision coverage and comprehensive coverage, to cover their own damages and injuries.

Steps to File a Motorcycle Accident Claim in Mississippi

Check for injuries and call for help – If you are involved in a motorcycle accident, the first step is to check yourself and others for injuries. If anyone is injured, call 911 immediately. Even if no one appears to be hurt, it’s still important to call the police.

Exchange information with the other driver – Exchange contact information with the other driver involved in the accident, including names, phone numbers, and insurance information. If there were any witnesses to the accident, get their contact information as well.

Gather evidence – If possible, take photos of the accident scene and any damages to your motorcycle or property. Also, gather any medical records, bills, or other documentation related to your injuries.

Contact an attorney – It’s important to note that speaking with an experienced motorcycle accident attorney in Mississippi can make a significant difference in the outcome of your claim. An attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf. They can also advise you on whether a settlement offer is fair and can represent you in court if necessary. With an attorney on your side, you can have peace of mind knowing that your rights are being protected and that you have the best chance of receiving the compensation you deserve.

Notify your insurance company – Report the accident to your insurance company as soon as possible. Your insurance company will ask for details about the accident, including the date and time of the accident, the location, and the damages or injuries sustained.

Determine fault – In Mississippi, motorcycle accidents are determined by fault. This means that the driver who is at fault for the accident is responsible for paying for the damages or injuries that result from the accident. If there is any dispute over fault, an investigation may be necessary.

File a claim with the at-fault driver’s insurance company – If the other driver was at fault for the accident, you can file a claim with their insurance company to receive compensation for damages and injuries. To file a claim, contact the at-fault driver’s insurance company and provide them with the details of the accident, including any evidence or documentation that supports your claim.

Negotiate a settlement – The insurance company will investigate the claim and may offer a settlement to cover damages and injuries. It is important to review the settlement offer carefully and negotiate if necessary to ensure that you receive fair compensation.

Consider legal action – If you are unable to reach a settlement with the insurance company, you may need to consider legal action. It’s essential to work with an experienced motorcycle accident attorney who can guide you through the legal process and ensure that your rights are protected.

Statute of Limitations for Motorcycle Accident Claims in Mississippi

In Mississippi, there is a statute of limitations for filing motorcycle accident claims. The statute of limitations is the time limit for filing a claim after an accident. In Mississippi, the statute of limitations for motorcycle accident claims is three years from the date of the accident. If you do not file a claim within the statute of limitations, you may lose your right to seek compensation for damages or injuries.

Tips for Filing a Motorcycle Accident Claim in Mississippi

Here are some tips to help you file a motorcycle accident claim in Mississippi:

Seek medical attention: If you are injured in a motorcycle accident, seek medical attention immediately. Even if you don’t feel injured, it’s still important to get a medical evaluation to ensure that there are no hidden injuries.

Don’t admit fault: Do not admit fault for the accident, even if you believe you may have been at fault. It’s important to wait for an investigation to determine fault.

Keep track of all expenses: Keep track of all expenses related to the accident, including medical bills, property damage, and lost wages. This information will be important when filing a claim with the insurance company.

Don’t sign anything without consulting an attorney: If the at-fault driver’s insurance company offers a settlement, do not sign anything without consulting an experienced motorcycle accident attorney. An attorney can review the settlement offer and negotiate on your behalf to ensure that you receive fair compensation.

Work with an experienced attorney: Motorcycle accident claims can be complex and time-consuming. It’s essential to work with an experienced motorcycle accident attorney who can guide you through the process and ensure that your rights are protected.
Conclusion

Filing a motorcycle accident claim in Mississippi can be a complicated process, but it’s essential to ensure that you receive fair compensation for damages and injuries. If you have been involved in a motorcycle accident in Mississippi, it’s important to follow the steps outlined in this article, including exchanging information with the other driver, gathering evidence, and notifying your insurance company. If you are unable to reach a settlement with the insurance company, consider working with an experienced motorcycle accident attorney to protect your rights and seek fair compensation. Remember to keep track of all expenses related to the accident, and don’t sign anything without consulting an attorney. With the right guidance and support, you can navigate the motorcycle accident claim process and receive the compensation you deserve.

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Mississippi is a beautiful state located in the southern region of the United States, with a rich history and culture. However, it is also known for its high rate of fatal motorcycle accidents. According to the Mississippi Department of Transportation (MDOT), there were 72 fatal motorcycle accidents in Mississippi in 2020 alone, resulting in 73 deaths. In this article, we will explore the causes and consequences of fatal motorcycle accidents in Mississippi and discuss possible solutions to reduce their occurrence.

Causes of Fatal Motorcycle Accidents in Mississippi

There are various reasons why fatal motorcycle accidents happen in Mississippi. Some of the most common causes include:

  1. Speeding: Exceeding the posted speed limit or driving too fast for the current road conditions can lead to fatal motorcycle accidents. Speeding reduces a rider’s ability to react to unexpected situations and maneuver their motorcycle in time to avoid a collision.
  2. Lack of Experience: Many motorcycle accidents involve riders who are inexperienced or lack proper training. Novice riders may not have the necessary skills to handle a motorcycle in certain situations, increasing the likelihood of a fatal accident.
  3. Impaired Driving: Riding under the influence of drugs or alcohol can impair a rider’s judgment, coordination, and reaction time, making it more likely for them to cause a fatal motorcycle accident.
  4. Distracted Driving: Similar to distracted driving in cars, motorcycle riders who are texting, using their cell phones, or engaging in other distracting activities are more likely to lose focus on the road and cause an accident.

Consequences of Fatal Motorcycle Accidents in Mississippi

The consequences of fatal motorcycle accidents in Mississippi can be devastating for the riders and their families. Some of the consequences include:

  1. Loss of Life: The most obvious consequence of a fatal motorcycle accident is the loss of life. Families are left to grieve the loss of their loved ones, and communities are left to mourn the loss of valuable members.
  2. Physical Injuries: In addition to fatalities, motorcycle accidents can also result in severe physical injuries. Survivors may require medical attention, surgeries, and long-term rehabilitation to recover from their injuries.
  3. Emotional Trauma: Motorcycle accidents can be traumatic experiences, and survivors may suffer from post-traumatic stress disorder (PTSD) or other mental health issues as a result.
  4. Financial Burden: Motorcycle accidents can be costly, both in terms of medical expenses and property damage. Survivors may also lose income if they are unable to work due to their injuries.

Solutions to Reduce Fatal Motorcycle Accidents in Mississippi

Reducing fatal motorcycle accidents in Mississippi requires a multi-faceted approach that addresses the various causes of accidents. Here are some possible solutions:

  1. Education and Awareness: Educating riders about the dangers of speeding, lack of experience, and impaired driving can help them make better decisions on the road. Public awareness campaigns and safety education programs can be effective in promoting safe riding practices.
  2. Law Enforcement: Enforcing traffic laws and imposing penalties on riders who violate them can deter unsafe riding practices. Increased police patrols and sobriety checkpoints can also help reduce impaired riding.
  3. Infrastructure Improvements: Improving road infrastructure can also help reduce the occurrence of fatal motorcycle accidents. Adding more signage and pavement markings, improving road conditions, and installing barriers on highways can improve safety for motorcycle riders.
  4. Safety Gear: Wearing appropriate safety gear such as helmets, gloves, and protective clothing can help reduce the severity of injuries in the event of a motorcycle accident.

Fatal motorcycle accidents in Mississippi are a serious problem that requires urgent attention. Addressing the various causes of these accidents and implementing solutions to prevent them can help save lives and reduce the devastating consequences for individuals and their communities. By promoting safe riding practices, enforcing traffic laws, improving infrastructure, and wearing appropriate safety gear

why hire a Mississippi motorcycle accident lawyer?

If you or someone you love has been involved in a motorcycle accident in Mississippi, it is important to consider hiring a Mississippi motorcycle accident lawyer. Here are some reasons why:

  1. Expertise: A Mississippi motorcycle accident lawyer has the legal expertise and knowledge necessary to navigate the complexities of motorcycle accident cases. They understand the state’s laws and regulations and can use that knowledge to build a strong case on your behalf.
  2. Investigation: An experienced motorcycle accident lawyer can investigate the accident and gather evidence to support your case. They can interview witnesses, gather police reports, and analyze medical records to determine the extent of your injuries and the damages you may be entitled to.
  3. Negotiation: A skilled motorcycle accident lawyer can negotiate with insurance companies and other parties involved in the accident to ensure that you receive the compensation you deserve. They can advocate on your behalf and fight for your rights in settlement negotiations.
  4. Representation in Court: If your case goes to court, a Mississippi motorcycle accident lawyer can represent you and argue your case in front of a judge and jury. They can present evidence, cross-examine witnesses, and use their legal expertise to argue for the best possible outcome.
  5. Peace of Mind: Dealing with the aftermath of a motorcycle accident can be stressful and overwhelming. Hiring a motorcycle accident lawyer can provide you with peace of mind, knowing that you have a legal expert on your side who is working to protect your interests and rights.

Hiring a Mississippi motorcycle accident lawyer can provide you with the legal expertise, investigation, negotiation, representation, and peace of mind that you need to navigate the aftermath of a motorcycle accident. If you or someone you love has been involved in a motorcycle accident, it is important to seek the advice of a skilled and experienced lawyer as soon as possible.

Free Mississippi Accident Consultations – Call (601) 969-2709 Today!

If you or a member of your family have been harmed in a motorcycle accident in Mississippi, do not delay in seeking legal help. The experienced Mississippi Motorcycle Accident Lawyer at Kellum Law Firm, P.C. is ready to help you navigate the insurance claims process and will make sure that your rights are protected. We are here to help you get the compensation you deserve.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to assist you. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

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Mississippi has a universal motorcycle helmet law that requires all operators and passengers of motorcycles and scooters to wear a helmet approved by the American Association of Motor Vehicle Administrators.  Despite a plethora of studies indicating the benefits of wearing a helmet to prevent traumatic brain injuries, facial injuries and fatalities, many riders still object to universal helmet laws.  In response to this continued opposition, a growing number of states have repealed their universal helmet law partially or completely.  While the debate over the merits of these laws and the nanny state will continue, Jackson motorcycle accident lawyer William Kellum III has provided some evidence that universal helmet laws do save lives.

Helmet Use Does Prevent Fatalities

A study conducted by the National Highway Traffic Safety Administration (NHTSA) found the motorcycle helmets are 37 percent effective in preventing fatal head injuries.  The report found that this rate of effectiveness over the ten year period of the accidents studied translated into 7,808 fewer deaths.  However, the agency estimated that 11,915 lives would have been saved if a number of states had not implemented universal helmet law repeals.  Helmets provide essentially the only significant type of safety equipment available to motorcyclists.  The inherent vulnerability of riders is reflected by the fact that motorcycles constitute only three percent of registered vehicles in the United States, but they constitute more than nine percent of traffic fatalities involve motorcycle operators and passengers.

Universal Helmet Laws Increase Helmet Usage   

While motorcycle helmets are effective at preventing head injuries and fatalities, helmet laws are only effective if riders actually comply with the requirement to wear a helmet.  Studies conducted before and after the repeal of helmet laws reveal that the percentage of riders who wear helmets increases to almost a hundred percent when universal helmet laws are in place.  A review of nine separate studies conducted by the General Account Office (GAO) found that helmet use ranged from 92 to 100 percent in states with universal helmet laws, but compliance was only 42 to 59 percent in states with laws that did not have a universal helmet law.  A similar study by the NHTSA found that helmet use was nearly a hundred percent in states with mandatory helmet laws but ranged between 28 to 40 percent when the laws only applied to certain populations of riders.

Impact of Not Wearing a Helmet on a Personal Injury Lawsuit

When riders disregard the mandatory helmet law, the violation can be evidence of negligence by the rider.  This negligence can be used to reduce the recovery of a motorcyclist if the rider suffers injuries to the head, brain or face that would have been prevented by wearing a helmet.  However, an injury victim’s failure to wear a helmet would not be relevant if the injuries suffered could not have been prevented by a helmet, such as injuries to the lower extremities.

Both sides have arguments that have merit in the debate between individual choice and public safety when it comes to universal helmet laws.   However, Mr. Kellum sees the tragic results of deciding not to strap on a helmet far too frequently.  Our law firm encourages all riders to wear a helmet when riding even if they are not subject to a mandatory helmet requirement.

The Decision to Strap on a Helmet Can Prevent Traumatic Brain Injuries & Fatalities

Mississippi motorcycle accident lawyer William S. Kellum III represents individuals who have suffered serious injuries or lost a loved in in a motorcycle crash in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.