Attorney Jonathan Franco discusses how a personal injury attorney can make sure your future medical needs are met in a catastrophic injury case. Clients with permanent spinal cord injuries, traumatic brain injuries, amputations, and paralysis often need future medical treatment such as MRIs, prescription medication, surgery, physical therapy, handicap accessibility, etc. Our attorneys in catastrophic injury cases often hire an expert witness known as a life care planner. The life care planner is a nurse or a doctor that will review your medical records and any deposition testimony from your treating physicians. The life care planner will render a report that lists all your future medical needs and how much these needs will cost over your life expectancy. Our Ocean Springs injury attorneys will fight to make sure your future medical needs are considered and provided for in a settlement or in a verdict. Ocean Spring injury attorney Biloxi car accident lawyer Ocean Springs car accident lawyer
Attorney Jonathan Franco discusses things you should or should not do after you've been involved in a car wreck. Car accident lawyer Ocean Springs Car Accident Lawyer personal injury attorney car accident lawyer Biloxi, Mississippi
Clients, friends, and family: you are invited to stop by our office tomorrow, February 8th, at 528 Jackson Avenue in Ocean Springs any time after 6 PM to enjoy the Ocean Springs night parade. We will have food, drinks, and the parade passes right in front of our law firm.
What happens when your personal injury case is hotly disputed by the insurance company and you hit a brick wall in negotiations? It is time to file a lawsuit because no one is willing to back off or give an inch. Next thing you know you are sitting in a conference room at a law firm with a skilled insurance defense lawyer grilling you under oath. This process of answering questions under oath prior to trial is known as a deposition. If you are one of our clients you aren't worried about it because the attorneys at Haug & Farrar take deposition preparation and personal injury litigation seriously. We meet with our clients on a date prior to the deposition and go over every angle of the case and every possible question the insurance lawyer is going to ask you. We know their tricks, we've seen it a hundred times before, so we save you and your case the unfortunate experience of being blasted by the guy across the table. Not every case can be settled without filing a lawsuit. Make sure that when you pick your car wreck lawyer or personal injury lawyer in Mississippi that you choose one that can navigate the many pitfalls of litigation, including depositions. car accident lawyer
Make sure your Mississippi workers' compensation lawyer is getting every last dime for your future medical treatment. Just last week an insurance company on one of our workers' comp settlements refused to include the cost of steroid injections for ongoing shoulder pain after shoulder surgery. We regularly write to the treating physician once a claimant has been released. We ask the doctor what the client's restrictions and limitations are. We also ask the doctor what future medical treatment the client will need. After we contacted the doctors' office and proved that the cost of the injections were directly attributable to the workers comp injury, the settlement offer went up by thousands. workers comp
Several factors will determine the value of your Mississippi Workers' Compensation Injury. This article will cover "scheduled member injuries". Scheduled member injuries in Mississippi Workers' Compensation include hands, feet, legs, arms, and other body parts excluding back and neck injuries. The reason these injuries are referred to as "scheduled member injuries" is because there is a "schedule" for each of these body parts that gives a total amount of weeks of compensation per body part. For example, an arm injury will receive a maximum of 200 weeks of compensation.
Upon your release from care, a doctor will assign a disability rating to your injured body part. Perhaps you are assigned a 10% impairment rating to your arm. You would then multiply 200 weeks at .1 for a total of 20 weeks of compensation. That is then multiplied at 66 2/3% of your average weekly wage. Now you have the amount for permanent partial disability for that arm. If you made $400 a week then your compensation rate is $266.66 and your permanent partial disability compensation for this injury would be $5,333.28.
However, your permanent partial disability settlement can be driven higher by what is known as "industrial loss of use". "Industrial loss of use" is a legal term within the workers' compensation industry that refers to how the subject injury impacts your ability to perform your usual work duties. If you can no longer perform all the duties of your job, your permanent partial disability rating may go from the aforementioned 10% to 30%. Vocational experts often help in extrapolating disability percentages and work restrictions into an overall percentage for industrial loss of use.
(1) Medical Causation: One of the most important factors is whether the insurance company or a jury believes that the treatment you received was due to (or caused by) the wreck. Insurance companies often claim that treatment after a wreck was due to a preexisting injury or unrelated condition. Often MRIs of the cervical, thoracic, and lumbar spine show degenerative disc disease. Degenerative conditions and osteoarthritis are often noted in clients’ hips and knees. These conditions can cause an insurance adjuster or a jury to reduce the value of your claim.
(2) Consistent Treatment: Early treatment and consistent treatment is required. Clients that wait a week or longer to receive medical treatment after a car wreck will see the value of their case decrease. Additionally, clients that do not treat for a condition for months will likely see an adjuster or jury allow $0 for that injury. Finally, gaps in treatment will also hurt your claim. Clients that treat for an injury and then do not have a follow up appointment for several months will see their claim devalued. The reason for all of this is that people believe those who are injured will consistently treat if they are truly hurt.
(3) Property damage: Heavy property damage will not necessarily increase the value of your case. But light property damage will definitely devalue your case. Insurance adjusters and juries have a hard time believing that a wreck with little to no property damage caused substantial injuries.
Some of these factors are out of your control and every case will have potential setbacks. However, some factors, such as consistent treatment, are within your control. Additionally, a good lawyer knows how to work with these negative factors and still reach a good result. Call one of the experienced personal injury lawyers at Haug & Farrar today if you’ve been injured due to negligence.
Big Rig truck drivers are now required to log their hours electronically. We represent people severely injured in car accidents involving semi-trailer trucks and have seen the damage a tired truck driver behind the wheel of a 40 ton vehicle can cause in a wreck. Hopefully, this new law will save lives. Here's a link to the Wall Street Journal article discussing the new law.
The 39th annual Peter Anderson Festival is this weekend, November 4th & 5th from 9am to 5pm in downtown Ocean Springs, MS. If you have never been to the Peter Anderson Festival, it is a great time to come and check out our beautiful town on the Mississippi Gulf Coast and enjoy the live music, art work, crafts, drinks and great food. The festival usually brings over 150,000 people to Ocean Springs to see over 400 artists and crafters lined up along Government Street, Washington Avenue and the surrounding downtown areas. Check out the official website for more information: http://www.peterandersonfestival.com/.
A recent Mississippi Court of Appeals decision found that Mississippi workers who are injured on the job can still receive disability benefits even if their employer returns them to work at preinjury wage levels. Often employers will implement what is commonly referred to as sheltered employment. I.e. your employer may place you back at work at the same wage level doing some menial task that fits your restrictions. Later you may be laid off and the employer then claims that because you were placed at the same wage level post injury, you had no loss of wage earning capacity. Meanwhile the worker, due to the injury, often can't find wages at pre injury levels after being laid off. Don't fall victim to this trap. We know the law and will shut down this insurance tactic down. If you were injured at work give us a call at (228) 872-8752 to speak with a Mississippi workers comp lawyer. We handle workers' compensation claims throughout Mississippi, including but not limited to the Pascagoula, Biloxi, Gulfport & Bay St. Louis areas, from our main law office in Ocean Springs.