Category Archives: Personal injury

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Last month, we shared information about several basic types of personal injury claims. You may have experienced an injury that is not one of the injuries discussed in that article. Your injury could also possibly give rise to a personal injury claim if you were hurt by no fault of your own.

The first thing you must do after an injury is to seek medical attention. Not only may the injury be more severe than it appears, but you also need to know what treatment is recommended for your injury so that you can begin the process of healing and recovery. When you receive medical care at a doctor’s office or a hospital, you create a record of your injury as well as the care that you have received for it. If your injury later gives rise to a personal injury claim, your medical records will provide valuable information to your attorney that they can use to support your claim.

After you have received medical care and you are on your way to recovering from your injury, it is a good idea to explore whether you might have a personal injury claim. It is wise to get started on working with a personal injury attorney as soon as possible after your accident, as personal injury claims take some time, and it won’t be long before your medical bills begin to arrive. If another person’s negligence caused your injury and you have information available to you that demonstrates that your injury was the result of their negligence, you may be able to work with a personal injury attorney to pursue a personal injury claim. The medical records mentioned in an earlier paragraph are a vital part of the proof you’ll need to support your personal injury claim. Other types of information your attorney can use to build your injury claim are witness statements, photographs, security camera footage, police reports, and your testimony about what happened to you before, during, and after your injury.

If you do have a personal injury claim, your attorney will work with you to file the claim and develop a settlement proposal. A settlement proposal is a document that your attorney sends to the defendant, the person or business entity that you believe is responsible for your injury, that outlines the reasons why they are liable for your injury as well as the compensation you expect to receive from them. What happens next depends upon the defendant’s response to your personal injury claim. Some defendants may acknowledge that your injury resulted from their negligence. They may agree to pay the amount your attorney requested, or they may attempt to negotiate with you and your attorney to reach an agreement to pay a lower amount. The defendant could also deny responsibility for your injury. If that happens, your attorney can file a lawsuit against them. You, your attorney, the defendant, and their attorney could settle your case before it gets to court. If not, you’ll appear in court with your attorney and present your personal injury case there in hopes of receiving a verdict in your favor.

If you would like to know whether you have a personal injury claim, ask the Mississippi Personal Injury Attorneys at Kellum Law Firm, P.C. today. Call our office at 1 (601) 969-2709 to schedule a free initial consultation.

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

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An employee at an Illinois workplace died earlier this month after he was struck by part of a machine. The man was an employee whose work consisted of traveling to various locations to provide repair and maintenance services for generators that were manufactured by his employer. OSHA is investigating the fatal accident.

Many types of workplaces contain struck-by hazards. Each day as they work, employees run the risk of being hit by one or more items as they go about their day. Struck-by accidents can injure people by breaking bones, causing head injuries, and even killing them instantly. While workplace accidents that are caused by being struck by a machine or object can sometimes look similar to workplace accidents where an employee becomes caught in machinery, they are not the same. Struck-by injuries are a different type of workplace hazard than caught-in injuries. In a struck-by workplace accident, the victim’s injury is caused solely by the impact of the object or machine that hit them. In a caught-in accident, the injury occurs when the victim is crushed between objects, or between an object and a surface. Struck-by accidents account for approximately ten percent of American workplace fatalities.

There are several ways that struck-by accidents can happen. For example, the object that strikes the accident victim could fly through the air before hitting them. For instance, sometimes, parts of tools or machines break off during use and fly through the air. Alternatively, it could fall on them from above, potentially pinning them to the floor or crushing them completely. Swinging objects can strike employees, especially when equipment like mechanical lifts or cranes are in use in the workplace. Workers can also be hit by objects that roll, like vehicles.

While each workplace that contains a struck-by hazard is unique, there are some safe work practices that employees can follow to reduce the chance that an object or a machine will strike them while they are on the job. For example, workers must use caution when working with compressed air tools, using them only after they have received training, and always operating them with guards in place. The same rule applies to hand tools. Additionally, some struck-by accidents can be prevented by regular inspection of air and hand tools – look at your tools before you work.

If parts of the tool are loose or broken or do not look right, do not use them. If you are working at a height, secure all tools and materials in your work area so that they do not fall. When using equipment that swings, block off the work area to provide a safe space for the operation of the machinery. Use personal protective equipment like hard hats, eye and hearing protection with any tools or equipment that require it.

Workplace accidents can bring unexpected and sudden injury or loss. If your family lost a loved one or if you were injured in a struck-by accident at work, call the Workplace Struck-by Hazard Lawsuit Lawyer in Jackson, Mississippi, at Kellum Law Firm, P.C. today, at 1 (601) 969-2709.

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

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Some workplaces are more dangerous than others are. In any workplace, there is a risk of injury or death. Workplace accidents can cause injuries ranging from cuts and broken bones to vision or hearing loss, loss of a limb, paralysis, and even death. Some workplace injuries, like respiratory difficulties or carpal tunnel syndrome, can happen after long term exposure or repetitive work. Fortunately, many workplace accidents are preventable. Proper training of employees and safe work habits can go a long way towards preventing accidents at work. However, even careful workers in safety-conscious workplaces can be hurt or killed on the job. If you are injured or if someone you love dies in a workplace accident, you have important rights that are protected by law.

Shock and disbelief often follow a workplace injury or death. Whether you are the injured person, or someone in your household was hurt or killed at work, you may feel confused, in addition to the grief, hurt, and anger that you feel in connection with your injury or the injury or loss of your loved one.

Compensation for a work-related injury or death cannot restore your health, heal your family member, or account for the loss that you have experienced. However, it can help you and your family pay the medical bills associated with your injury or your family’s loss and possibly even replace some or all of the wages lost because of the accident. Injured individuals and their families could receive compensation for pain and suffering, disabilities, loss of earning capacity, and loss of quality of life, in addition to lost wages and medical bills. Most people who are injured at work or who lose a family member in a workplace accident can receive compensation. A workplace accident attorney can help you determine whether you can file a claim for compensation. They can also help you determine the potential value of your claim and assist you in deciding whether to accept or reject any possible settlement offers you receive.

It is critical that you not attempt to pursue compensation for your injury or loss on your own. There are multiple types of workplace accident claims, and you must file the correct type of claim within the proper amount of time to be eligible for compensation. For example, injuries caused by coworkers or supervisors and many injuries caused by items in your work environment give rise to workers’ compensation claims. However, in some instances, a third-party claim for compensation may be the more appropriate type of claim to file. For example, if your injury or your family’s loss was caused by someone who does not work at your workplace, such as a subcontractor or a service provider, your workplace accident attorney may choose to file a third-party claim.

If you were injured at work, or if a family member died in a workplace accident, do not attempt to file a workplace injury claim alone. A Mississippi Workplace Accident Attorneys can walk with you through the process of evaluating your workplace injury or loss claim and pursuing compensation. Call the Mississippi Workplace Accident Attorneys at Kellum Law Firm, P.C. at 1 (601) 969-2709 to learn more.

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

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When people hear the words “workers’ compensation,” they often think of people straining their backs lifting heavy objects, suffering from industrial burns, or developing carpal tunnel syndrome because of poor ergonomics. While all of those injuries are common in workplaces here in Mississippi, there is are also a large class of injuries that are not painful, have few or no external symptoms, and do not develop after a single incident.  Sarcoidosis is one of these conditions. It is an inflammatory condition that attacks multiple organs, usually focusing on the lymph glands and lungs.  In sarcoidosis, granulomas form around the body’s organs.  Granulomas are masses of cells. While many people can lead healthy lives while suffering from sarcoidosis, it granulomas can cause scarring on the heart, lungs, and other organs, which over time decreases the person’s quality of life and can even result in death. In this blog post, I will explore the workplace causes of sarcoidosis and what you should do if you are diagnosed with this disease.

If you or a loved one was injured at work, including a diagnosis of sarcoidosis, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for your decrease in health and time away from work. Kellum Law Firm, the experience to help you if you.  Contact us now at (601) 969-2709.

Causes of Sarcoidosis

Work environments result in a significant percentage of sarcoidosis cases.  A recent journal article indicated that about a third of cases stem from the employee’s workplace.  Specifically, exposure to ambient dust and gases over time results in not only sarcoidial masses—granulomas—growing on workers organs, particularly their heart and lungs.  While these masses may not affect employees’ health at first, over time, they cause scarring on the organs that weaken the body and can even result in death.  Many people suffering from sarcoidosis also develop other better-known workplace breathing ailments such as asthma, bronchitis, and chronic obstructive pulmonary disease.

Sarcoidosis is particularly an issue for firefighters, welders, farmworkers, and those working in industrial workplaces such as the petrochemical industry.  All of these workplaces are common in Mississippi. Negative health conditions like these can be exacerbated if workers are subjected to constant workplace dust and gasses without either sufficient ventilation or breathing filtration.

What Should You Do if You Were Diagnosed with Sarcoidosis?

If you receive a diagnosis of sarcoidosis, you have every right to file a workers’ compensation claim. You should be compensated for medical costs, loss of work, and damages related to your exposure to dust and vapor at work.  The first step of any workers’ compensation case is to report a claim with your employer.  Make sure that your report is timely, meaning it is filed as soon as you are aware of your condition.  Also, make sure that it is in writing and follows all of your employer’s injury reporting guidelines.  Next, contact an experienced workers’ compensation attorney to begin preparing the necessary documentation to support your claim. Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you. If your claim is ever challenged, you will want to have detailed medical records and expenses related to your condition—your employer will not just take your word for it.

Call Kellum Law Firm, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact our Mississippi Workplace Injury Attorney today at (601) 969-2709.

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

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Prior to filing an action for personal injuries or medical malpractice, a settlement package may be prepared and delivered to the defendant’s insurance company.  A settlement package may aid the insurance in settling the case prior to litigation. The settlement package should include medical bills and records, a copy of the accident report, copies of any photographs depicting property damage or personal injuries, the personal story of the injured party and any other information on damages sustained.

If an insurance company makes any settlement offer, the attorney is ethically obligated to convey the offer to the client.  The attorney should then explain whether the offer is reasonable and should be accepted or rejected.  The ultimate decision as to whether to reject or accept the offer belongs with the client.

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The recovery of damages in a personal injury action may be subject to what are known as  “reimbursement liens” or “subrogation liens” brought by the insurance provider of the injured party.  Such liens are especially common when the insurance provider is governed by ERISA. ERISA is the Employee Retirement Income Security Act of 1974, 29 USC 1001, et seq. which governs most employee health plans.  Current laws allow ERISA governed insurance providers to be reimbursed for medical cost paid through its insurance coverage. However, some cases stand for the proposition that the injured party should be “made whole” prior to reimbursing the provider.

The case of Barnes v. Indep. Auto. Dealers Ass’n of Cal. Health & Welfare Benefit Plan” the court held that “it is a general equitable principle of insurance law that, absent an agreement to the contrary, an insurance company may not enforce a right to subrogation until the insured has been fully compensated for her injuries, that is, has been made whole.” Barnes , 64 F.3d 1389, 1395 (9th Cir.1995).

Mississippi courts recognize the “Made Whole Doctrine”.  In the case of Hare v. State, the Court defined it as “the general principle that an insurer is not entitled to equitable subrogation until the insured has been fully compensated.” Hare, 733 So.2d 277 (Miss.1999).

If the defendant has a limited policy, and the plaintiff is not going to be made whole by the settlement, the argument can be made that to the settlement does not fully compensate your client for their injuries or damages.  If the plane language of the contract states otherwise, such arguments are void.  However, if the plan language is silent on this issue and does not waive this defense, this argument should be available.

 

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In personal injury cases, the Plaintiff most prove that he or she suffered damages as a result of the defendant’s negligence.  Damages are most often proven through the use of medical bills as evidence at trial.  However, Mississippi courts require that the records be authenticated prior to being admitted as evidence.

Mississippi Rule of Evidence 803(6) provides that business records may be admitted at trial. However, for the records to be admissible, the rule requires that the custodian or ” other qualified witness” testify to their authenticity. M.R.E. 803(6). Otherwise, the document must be self-authenticating pursuant to Rule 902(11). M.R.E. 803(6). For a document to be self-authenticating, it must include a ” written declaration under oath or attestation” from a custodian or other qualified witness that meets the authentication requirements of Rule 803(6). M.R.E. 902(11).  Rhoda v. Weathers, 87 So.3d 1036 (Miss. 2012)

A “written declaration” or “oath” from the records custodian may come in the form of an Affidavit signed and notarized.  Once the affidavit is determined to be sufficient, the records will be allowed into evidence.

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One ground upon which a lawsuit may be dimissed is that of forum non conveniens.  A defendant may present arguments that the venue in which the lawsuit was filed is improper due to lack of access to witnesses and evidence.  In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:

(i) Relative ease of access to sources of proof;

(ii) Availability and cost of compulsory process for attendance of unwilling witnesses;

(iii) Possibility of viewing of the premises, if viewing would be appropriate to the action;

(iv) Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his remedy;

(v) Administrative difficulties for the forum courts;

(vi) Existence of local interests in deciding the case at home; and

(vii) The traditional deference given to a plaintiff’s choice of forum. Alston v. Pope, 112 So.3d 422 (Miss. 2013)    Miss.Code Ann. § 11-11-3(4)(a) (Rev.2004).

 

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When bringing an action against a party, an important consideration is where to file the lawsuit.  A lawsuit will only be heard if it has been filed in the proper venue, or county.

Mississippi statute regarding proper venue provides that “Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant [1] resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.”  Miss.Code Ann. § 11-11-3(1)(a)(i) (Rev.2004).  In interpreting the venue statute, Mississippi Courts “specifically requires a substantial alleged act, omission, or injury-causing event to have happened in a particular jurisdiction in order for venue to be proper there.” Hedgepeth v. Johnson, 975 So.2d 235 (Miss. 2008) citing Medical Assurance Co. of Mississippi v. Myers, 956 So.2d 213 (Miss. 2007).

 

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Before initiating medical malpractice litigation, the attorney should give the treating physician’s insurance carrier an opportunity to settle.  The attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter).

The demand package consists of a written brief that includes (i) a concise statement of when and how the malpractice occurred; (ii) a thorough explanation of the theory of how the other party was negligent (specifically addressing any weaknesses); and (iii) a summary of damages (e.g. related injuries, prior related medical bills associated with those injuries, pain and suffering, cost estimate of necessary and related future medical care); and (iv) the settlement amount demanded.

Attached to the demand packet, the following exhibits should be included:

(a) medical reports; (b)  photos of disfigurement; (c) photos of the client (before the injury, during treatment, and after treatment has completed); (d) medical records (including doctor’s notes and diagnostic imaging results); (e) witness statements; (f) pay stubs / income tax returns, if making a lost-wages claim; and (g) the appropriate jury instructions (that would apply if a lawsuit were to be filed).

A well prepared demand packet brief will also cite case law and their application to the facts