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What Does it Mean for Mississippi to be a Fault Car Accident State?

June 23, 2020/in Personal Injury /by damg

The process following a car accident can be confusing as there are many intricacies that come into play. Unfortunately, this can cause many people to lose track of the steps to take after a crash. You should know, though, that Mississippi follows the fault-based insurance system regarding car accidents.

While there are a few states that follow a no-fault system, this is the more common method and is considered traditional when filing for compensation. Below, we’ll explain what this means for you if you suffer an accident in the state of Mississippi.

Who’s to Blame?

In a fault state, liability falls on the party responsible for the crash and his or her insurance company. Whereas a no-fault state would require you to go through your own insurance company, Mississippi allows you to file a claim against the insurance provider of the negligent person.

In the state of Mississippi, there also exists pure comparative negligence laws that state an injured person may recover compensation even if he or she is considered responsible for 99% of the accident. The compensation recovered, however, is reduced by the percentage of the driver’s contribution. As such, if you are injured in a crash but you are considered 30% at fault, your recovery may be reduced by that amount.

How Does the Process Work?

The process is the same where you will report the accident to your insurance company. Unfortunately, unless you’re a policyholder, insurance companies are not always easy to work with—and sometimes they’re tough even if you are a policyholder. So, you want to go through your own insurance provider who will then continue the process with the other driver’s insurance company.

Make sure you have legal representation before you speak with the other driver’s insurance company. They’re often willing to use various tactics to take advantage of your rights during a very vulnerable situation, and you need strong counsel to give you a voice.

Our Jackson car accident attorneys at Williams Newman Williams are here to help you. We’ll focus on advocating your rights and pursuing the maximum compensation possible. Let us be your partner through this stressful situation and seek the most favorable outcome on your behalf.

Call us today at (601) 228-6722.

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What Tactics Insurance Companies Use to Pay Out Less

June 1, 2020/in Personal Injury /by damg

Whenever you’re hurt in an accident caused by another party, it’s important to remember that the insurance company is responsible for paying out compensation. In a fault state like Mississippi, this means the liable person’s insurance company is supposed to pay out the money you need for damages you sustain to both your property and person. This specifically includes damages for your vehicle, medical bills, and pain/suffering.

Unfortunately, as insurance companies are still businesses at the end of the day, there’s a strong focus on profits. They are more likely to reduce or deny your claim because they want to save money. They operate under the philosophy of “what is the least amount of money we can pay on this claim to make it go away.” It’s important for you to recognize the various tactics they may try to use to reduce the amount of compensation you can recover.

Recording Statements

Insurance companies will call you soon after your injury to discuss your accident. When they call, you’ll hear the automated message letting you know the call will be recorded for quality and training purposes. While this isn’t completely false, the insurance company isn’t telling you the whole reason for recording the call. The purpose of the statement is to gather information that can be used against you at a later time.

Recorded statements, once you acknowledge that you’re being recorded, can be used as part of your claim. If the insurance company can get multiple statements that contradict each other or remove a portion of your claim, they’ll use this to save money and offer you much less.

Insurance adjusters are trained by attorneys for the insurance company to ask specific questions whose answers could have a significant impact on your ability to recover damages. Never give a recorded statement without an attorney being present.

Delaying a Claim

After an injury, you need compensation. You’re enduring physical pain, unable to work, and have mounting medical bills. Insurance companies know this. As such, they’ll try and find ways to delay your claim in hopes that you’ll settle for a lesser amount than you deserve. Our firm has found creative solutions to minimize the delays in the claims process to put money in your pocket faster.

Denying Liability

Even if the insurance can deny partial liability, they may be able to reduce the amount of compensation they need to pay out. If they’re able to remove all liability from their policyholder, they may try to pay nothing and even counterclaim that you were responsible for the crash.

At Williams Newman Williams, we’re looking out for you. We’re not afraid of large insurance companies, and our Jackson car accident lawyers are quick to advocate for your rights to pursue compensation. We’re here for you and ready to go the extra mile on your behalf.

Call us today at (601) 228-6722 for a free consultation.

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What is Distracted Driving and How Dangerous Is It?

May 29, 2020/in Personal Injury /by damg

Several problems occur on the road, many of which result from negligent actions. Unfortunately, these are completely preventable actions that can lead to you suffering significant harm because of another driver. One of the biggest problems on the road—yet it still occurs often—is distracted driving.

If you are ever in this unfortunate situation, it’s vital to recognize what constitutes distracted driving as there are three main types: visual, manual, and cognitive. We’ll explain what each of these are below and help you recognize some of the potential signs of which you need to be aware.

If you suffer an injury due to a distracted driver, we’re here to help. Call (601) 228-6722.

Identifying Visual Distractions

A visual distraction is exactly what it sounds like: it’s any distraction that causes the driver to take his or her eyes off the road. Even when the driver has his or her hands on the wheel, a visual distraction that lasts just a few seconds can have disastrous results.

The main visual distractions while driving can include:

  • Looking at a cellphone or GPS system
  • Looking at the radio
  • Looking at a passenger
  • Looking for an item in the back seat
  • Looking into the mirror for a purpose other than driving safely

Visual distractions can cause numerous problems because accidents can happen in just a few seconds. For instance, a visual distraction can make it difficult for a driver to recognize upcoming traffic stopped ahead of them. A visual distraction can also lead to the driver braking erratically as they bring their visual focus back to the road. You may recognize a visually distracted driver because they often swerve between lanes and constantly speed up and slow down.

Identifying Manual Distractions

Manual distractions are those that require the driver to take at least one of his or her hands off the steering wheel. Safe driving tips recommend that drivers use both hands. However, many people either use one because they feel it’s more comfortable or because they’re doing something else with their other hand. This makes it difficult to control the vehicle at times.

Most common manual distractions include the following:

  • Eating and drinking
  • Texting on a cellphone
  • Holding a cellphone to talk
  • Reaching for items throughout the vehicle
  • Changing the radio station
  • Putting on makeup

Unfortunately, this is a situation that is far too common. While many drivers feel as though they can operate with one hand on the steering wheel, any small problem can make it almost impossible to regain control should the driver lose it.

Identifying Cognitive Distractions

Cognitive distractions are some of the most dangerous because many people don’t even know about them. These are distractions that cause the driver to lose focus on the task at hand, which is driving. Many people are cognitively distracted without even being aware of it.

Cognitive distractions include:

  • Talking to passengers
  • Singing along to loud music
  • Daydreaming
  • Using a voice-activated system

Cognitive distractions can result in delayed reactions, leading to late braking and swerving.

One of the worst distractions of all is texting and driving because it combines all three types of distractions. The driver would have to look down at the phone to read the text or what they’re texting (visual), use their hand to swipe or text (manual), and focus on the response (cognitive). The average text takes roughly five seconds to send. At 55 miles per hour, that’s enough time to travel the length of a football field.

If you suffer harm because of a distracted driver, know that you have rights, and our Jackson car accident attorneys are here to protect you. At Williams Newman Williams, we have the experience and knowledge necessary to guide you through the process and safeguard your best interests, pursuing the most favorable outcome possible on your behalf.

Call our firm at (601) 228-6722 today and speak with a member of our team in a free consultation.

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Rear-End Accidents: The Most Common Injuries

April 27, 2020/in Personal Injury /by damg

Heavy traffic and inexperienced drivers can be a recipe for disaster on the road. A sudden stop in traffic is one of the most common causes of rear-end accidents. In these types of accidents, it’s common for the driver in the front to suffer significant harm.

Neck and Back Injuries

Herniated discs, disc protrusions, annular tears, whiplash, and other problems can occur when you a rear-end car accident. Unfortunately, these types of injuries can be debilitating, and you may require significant medical care. Neck and back injuries are some of the most common as your head jolts back and forth from the impact of the collision. Some of these injuries can be permanent resulting in a lifetime of pain.

During a crash, your body experiences significant force, including on your spine. The amount of force varies, but when there’s enough pressure on your spine, it can cause the disc to herniate or slip. This type of injury is more common if you already have age-related wear and tear on your spine.

Disc protrusion—or a bulging disc—can require you to undergo long-term care treatment for symptoms involving pain and muscle spasms. The injury may last a lifetime, or it can require a surgical procedure should it not begin to heal on its own after some time.

Annular Disc Tear

An annular tear occurs when the fibers within the spinal vertebrae tears, and it can lead to fluid leaking. The biggest problem arises should the fluid reach the spinal nerves, which can result in you suffering significant pain.

Shoulder Injuries

When you drive, you are using your hands to control your steering wheel. The impact of a crash can cause a lot of strain on your hands and arms, including your shoulder. In many situations, you may suffer a torn rotator cuff or separated shoulder. Over time, this can cause wear and tear, and persistent pain over your lifetime.

You must look at all the factors involved to determine where liability stands. Make sure you remember all statements from the at-fault driver including any apology of admission of fault. Be sure to consult with a lawyer to determine your rights before speaking with an insurance company. Do not give any recorded statements unless you have a lawyer on the phone with you to protect your rights.

At Williams Newman Williams, we have experience in car accident cases. We know where you may have a claim to pursue the compensation you need to cover the expenses associated with your injuries. Let our Jackson car accident lawyers investigate your case to determine your options to pursue compensation.

Call our firm today at (601) 228-6722.

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Car Accidents and Catastrophic Injuries

February 11, 2020/in Personal Injury /by damg

According to the National Highway Traffic Safety Administration, there were 36,560 deaths on United States roads in 2018. These numbers don’t account for the hundreds of thousands that suffer severe injuries each year, as well.

Car accidents often result in some of the most catastrophic injuries. You should recognize how these injuries occur and your legal options if you suffer harm due to negligence.

Traumatic Brain Injuries

Traumatic brain injuries often occur in car accidents because the impact forces you to move around throughout the cabin of your vehicle. Your head can hit the frame of the car, the dashboard, the steering wheel, or even just jolt back and forth.

Any trauma to your head, skull, or brain can cause significant harm. Even concussions arise when your brain rattles around inside your skull. This trauma can also cause hemorrhaging (brain bleeds) and bruising to your brain tissue.

Spinal Cord Injuries

When you suffer whiplash, it can cause damage to the nerves in your neck and spine. You may also experience partial tearing or detachment of your spinal cord. Depending on the severity of the injury, you may suffer paralysis.

Spinal cord injuries often come with some of the most expensive lifetime costs for medical care, specialized equipment, and more.

Burn Injuries

Cars are full of gas and various oils that can quickly become flammable when sparks fly in an accident. Even worse, the very seat belts you trust to protect you can lock, keeping you from getting out of your vehicle after a crash. This situation may cause you to suffer significant burn injuries as a result.

You should know that if you suffer a catastrophic injury due to someone’s negligence in a car accident, you have specific rights to take legal action. You may hold the responsible party accountable for your damages.

Our Jackson car accident attorneys at Williams Newman Williams are ready to work hard to help you secure the compensation you need. We’ll build a strong case on your behalf to obtain the justice you deserve.

Call our firm at (601) 228-6722 today, and speak with us regarding your ability to file a claim or potential lawsuit following a negligence-related crash.

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The Disastrous Aftermath of 18-Wheeler Accidents

January 21, 2020/in Personal Injury /by damg

Large 18-wheelers are familiar scenery across the United States. They’re essential to our economy. You see them on highways day after day. For the most part, everything is good, and the drivers are safe in their travels.

Unfortunately, some situations may arise that indicate potential negligence. Accidents involving these massive 18-wheelers occur, and if you’re in a smaller vehicle, you must deal with the devastating aftermath. You must recognize the common injuries and causes of these types of crashes, as well as your ability to pursue compensation.

Common Injuries After a Trucking Crash

The large size (sometimes up to 80,000 pounds) and the speed at which 18-wheelers travel can make any crash catastrophic. This term can also apply to the injuries you may sustain if you’re ever in one of these horrific crashes. Truck accidents often result in:

  • Traumatic brain injuries: Damages can range from mild (concussions) to severe (coma). The impact of the truck colliding with your vehicle is enough to cause significant trauma to your head, skull, and brain.
  • Spinal cord damage: Whiplash is one of the most underestimated injuries. You may dismiss it as minor neck pain. However, damage to your nerves in your neck can be severe, leaving you with long-term problems, and even the possibility of paralysis.

Common Causes of Semi-Truck Collisions

Many different factors cause 18-wheeler accidents, and they often involve multiple parties. Companies are negligent if they fail to maintain their trucks. Drivers are negligent if they drive beyond the Hours of Service regulation maximum limits. Other employees are negligent if they load the truck’s trailer container too heavy or imbalanced.

Some situations may even involve third parties. These situations include defective parts on the truck that result in a collision.

At Williams Newman Williams, our Jackson 18-wheeler accident lawyers are ready to represent you if you suffer harm due to negligence within the trucking industry. We work hard to determine the cause of your accident and hold the negligent party accountable for your damages.

For a free consultation regarding your potential case, we encourage you to call our firm today: (601) 228-6722.

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Car Accidents: What You Need to Show to Prove Liability

January 13, 2020/in Personal Injury /by damg

In the aftermath of a severe car accident, you must recognize the various rights and legal options available to you to pursue compensation. Unfortunately, you may be unaware of the four factors of liability and how these play a role in your ability to have a successful case.

These four factors are crucial to proving that the other party is liable for any damages you sustain in the crash. Without these four factors, the insurance company may wrongfully deny your claim, even though you have legitimate merit to file for compensation.

The following are the four main factors of proving liability:

  • There was a duty of care present
  • There was a breach of that duty of care
  • There was a car accident resulting from the breach of duty of care
  • There was an injury stemming from the negligence-related car accident

To learn more about each of these factors and what they mean, continue reading below.

If you suffer an injury in a severe crash, contact our firm at (601) 228-6722 to discuss your rights.

The Negligent Party Had a Duty of Care

In almost all situations, a duty of care exists. Most individuals with a driver’s license have the assumed duty of care to ensure he or she, his or her passengers, and all others on the road are safe. The very fact that someone has a driver’s license creates a duty of care between said driver and you.

A duty of care means the driver is following all traffic laws, posted speed limits, traffic signs, and more.

The Negligent Party Breached the Duty of Care

A breach in the duty of care occurs any time the other driver acts unlawfully or otherwise negligently. For instance, negligent and unlawful acts often include the following:

  • Drinking and driving
  • Texting and driving
  • Speeding
  • Swerving between lanes
  • Ignoring traffic signals and stop signs
  • Driving while fatigued

When any driver commits these acts, they’re breaching the duty of care they have to keep you safe as another driver on the road. Unfortunately, these actions are some of the most common causes of devastating collisions.

The Breach of Duty of Care Led to a Car Accident

You must show that the actions of the other driver directly led to your car accident. For instance, if the other driver was texting while driving, you may show that the driver wasn’t looking when he or she ran a stop sign and hit your vehicle.

The breach in the duty of care must be the direct cause of the accident. When a driver runs into you because of defective brakes, the driver may not be the responsible party. In this case, you may take legal action against the manufacturer of the brakes.

The Car Accident Led to You Suffering an Injury and Property Damage

One reason it is vital to get medical care after a crash is the ability to obtain a medical report. The medical report goes a long way in showing your injuries were the direct result of the crash. Some insurance companies try to claim that injuries or property damage are pre-existing, thus eliminating the need to pay you compensation for the damages.

If you need help proving liability, you should speak with someone from our team at Williams Newman Williams. We have vast experience in car accident cases, and you can rest assured knowing that we dedicate our practice to going the extra mile on your behalf.

You can count on our Jackson car accident attorneys to always be by your side, protecting your rights from profit-driven insurance companies. Let us be your voice and pursue the justice you need and deserve.

Call us at (601) 228-6722 to discuss your potential case with a member of our team. We look forward to helping you through the challenging matters that lie ahead.

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Ways to Help Prevent Nursing Home Abuse

December 11, 2019/in Personal Injury /by damg

In a nursing home, it’s reasonable to expect that your loved one will receive the proper care and attention they deserve. Unfortunately, there are some situations in which the staff is responsible for causing severe harm to residents through nursing home abuse or neglect.

Far too many people are completely aware of what they can do to help prevent this from happening. To help with this, our firm offers some advice and things you can do to protect your loved one and others from significant harm.

Visit Your Loved One Often

When you rely on others to care for your elderly loved one, you should ensure that you’re visiting them on a regular basis. While you should be able to expect the utmost care from a nursing home, you should still be vigilant in the things that could happen. By visiting your loved one often, you can recognize potential signs of abuse.

Visiting your loved one often can also help with showing the staff that you are present. Often, victims of nursing home abuse are more vulnerable because they don’t receive as many visitors, thus there is nobody to report the incident.

Ask Questions & Get Answers

Before you even choose a nursing home for your loved one, it’s crucial to ask questions to assure that he or she will be safe in the facility you pick. You want to ask some of the following questions:

  • Has there been any history of abuse at the facility?
  • Are your staff members properly vetted with background checks?
  • Do you have an adequate staff-to-resident ratio?
  • How do you handle nutrition, medication, and turn schedules?

Asking specific questions can reassure you of your loved one’s safety.

At Williams Newman Williams, we make it a priority to help our clients truly understand what rights they have moving forward. Trust that we’ll go above and beyond to do whatever necessary to protect your best interests and your loved one in a time of need.

Our Jackson nursing home abuse lawyers are on your side from start to finish.

Contact our firm at (601) 228-6722 to discuss your potential case today.

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Most Common Injuries Caused by Nursing Home Abuse

November 12, 2019/in Personal Injury /by damg

To think that your elderly loved one may suffer harm at the hands of people responsible for his or her care is devastating. It does happen, though, and countless acts of nursing home abuse go unreported every year in the United States.

One of the biggest problems regarding nursing home abuse is the physical pain your loved one may encounter because of neglect or abuse. Recognizing the most common injuries can help you look for specific signs to report the incident and/or take legal action.

Bruises

Physical abuse is not something that always happens, but when it does, it can have a significant impact on an elderly individual. Your loved one may suffer bruises due to the following actions:

  • Grabbing
  • Slapping
  • Punching
  • Shoving

Head/Spine Injuries

In a nursing home, staff must properly monitor your loved one, especially if they are a fall risk. Should the staff avoid helping your loved one out of bed, to the restroom, or throughout the nursing home, there is potential for your loved one to fall. They may hit their head or spine in the process.

Bedsores

While not a direct result of physical abuse, bedsores are serious injuries in nursing homes. Your loved one may sustain bedsores if they are bedridden, and the nursing home does not have a proper turn schedule. Bedsores are a result of too much pressure on specific parts of the body (boney areas).

The only way to prevent bedsores from occurring on a bedridden resident is for the staff to turn the resident’s position regularly to alleviate pressure.

Infections

Older adults often have vulnerable immune systems and suffer from illnesses more often than most people. In a nursing home where there are many residents, the potential of severe illnesses to spread and infection to occur increases dramatically, putting all people in the facility at risk.

At Williams Newman Williams, we care about families in our community. As such, whenever someone suffers from nursing home abuse, our team stands ready to represent the rights of the injured and the affected family.

Our Jackson nursing home abuse lawyers are ready to put a strong case strategy together to help you understand your rights and pursue compensation. You should have someone on your side, advocating for your best rights and giving you a voice to fight back.

Contact our firm at (601) 228-6722 today.

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What Happens After Nursing Home Abuse is Reported?

October 21, 2019/in Personal Injury /by damg

One day while visiting your elderly loved one in a nursing home, you recognize that he or she has bruises on certain parts of his or her body. You ask and your loved one informs you that he or she has been the victim of nursing home abuse. You take this information and report it to the proper authorities. Now what?

Many victims of nursing home abuse—and their families—don’t report the acts because they are unsure if anything will come of it. However, it’s imperative for you to recognize the process and understand why it’s so important to report the act of abuse to protect your loved one and others.

The Investigation

Once you report nursing home abuse, the authorities will begin their investigation into the matter. They’ll take a deep look into the nursing home, including the facility itself and all its staff members, to determine if there is a history of abuse or a concerning background.

The investigating entity will take various things into account including past reports of abuse or neglect, the staff-to-resident ratio, whether the facility meets care standards, and what the overall level of health and quality of life is in the facility. If they determine abuse took place, there are a few different steps they will take.

Removal of the Victim

Your loved one may be removed from the facility if the investigating party deems it to be too dangerous for him or her to stay. They’ll place them in another facility or release your loved one to you for care until they determine what to do next with the responsible party and facility.

Taking Legal Action

Once the investigation proves nursing home abuse exists, you can gather the necessary evidence to file a claim for compensation. If your claim is denied by the facility and its insurance, you may move forward with legal action to pursue the outcome you rightfully deserve.

Our Jackson nursing home abuse attorneys work hard on behalf of the elderly and the families of those who suffer harm. We’re committed to pursuing maximum compensation, especially when many of these actions are intentional or completely preventable.

Trust in our team at Williams Newman Williams to help you understand and protect your rights at every turn. We’re here for you.

For a free consultation, we encourage you to call our firm today at (601) 228-6722.

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Contact Us

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    Why Hire Our Firm?

    Excellent Trial Skills

    Our team of seasoned trial attorneys is not afraid to go to trial to fight for our clients.

    Efficient & Results-Driven

    We move quickly and efficiently to maximize the recovery that our clients deserve.

    A Successful Record

    We have recovered millions of dollars for our clients in groundbreaking personal injury cases.

    Insurance Industry Insight

    Our team is comprised of former insurance defense attorneys fighting on behalf of the injured.

    Jackson Office

    • Phone: 601-949-5080
    • Address: 129B S President Street
      Jackson, MS 39201

    Los Angeles Office

    • Phone: 424-347-8897
    • Address: 2029 Century Park East, Suite 400N Los Angeles, CA 90067

    Little Rock Office

    • Phone: 501-289-5553
    • Address: 400 West Capitol Avenue, Suite 1700 Little Rock, AR 72201

    Car Accident

    Nursing Home Abuse & Elder Neglect

    Mass Torts

    Premises Liability

    Truck Accidents

    Wrongful Death

    At Williams Newman Williams, our team approach to personal injury brings peace of mind and hope for the future to accident victims.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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