Ashley Hendricks Duck Archives - Chhabra, Gibbs & Gustavis, P.A

Lost Wages Recovery After Car Accident?

Rogen K. Chhabra — Tue, 15 Sep 2020 10:05:00 +0000

Can I recover my lost wages in Mississippi after my car accident caused me to miss work? The answer depends on what happened. If you were not at work yet, or were at fault, or if no one was at fault, then you may not have a claim. But if someone else was at fault, you can make a claim against their insurance policy or against your uninsured motorist benefits. In Mississippi, lost wages would be an available remedy.

The focus of this blog is for non work related injuries in Mississippi that are caused by the fault of someone else.

Should your injuries cause you to be taken off work by a doctor, you are legally entitled to recover your lost wages. Be sure to keep track of any off work slips. Lost wages are a measure of damages just like medical bills and pain and suffering. There are 3 types of lost wages: 1) Past lost wages 2) Future lost wages and 3) Loss of wage earning capacity (for example: if a person worked full time before the accident but can now only work part time due to their injuries). These are recoverable against the person that caused the accident; however, you must be able to provide support for your claim. There are various ways to do this. Some examples include:

Pre-injury check stubs
Tax returns
Bank statements
Have your employer report lost wages on company letterhead
Lost wage form completed by Human Resources
Expert testimony: this is usually only warranted if your injuries are significant

Ashley Hendricks Duck

If you or a loved one has been injured as a result of someone else’s fault and it is causing you a hardship by missing work, please call or text Chhabra Gibbs at 601-948-8005 for a free and confidential consultation. The personal injury attorneys at Chhabra Gibbs have handled thousands of Mississippi car wreck and other injury cases over the years, and would be happy to help take some of the stress off of your shoulders. We provide free consultations, there is no obligation to hire us, and we don’t charge you anything unless we are able to recover for you. But time is a factor, and the sooner you call us the sooner we can help you navigate the process of recovery.

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Everyone Needs Uninsured Motorist Coverage

Rogen K. Chhabra — Wed, 06 Feb 2019 07:14:00 +0000

Mississippi law requires all drivers to maintain minimum liability insurance limits on the vehicles they drive. This covers you if you are at fault and cause someone else to have a personal injury in a car accident or 18 wheeler wreck. However, not everyone gets liability insurance as the law requires. Roughly 25% of Mississippi drivers are uninsured. If you are involved in a motor vehicle accident with someone who doesn’t have car insurance in Mississippi, you could be in for a major headache. You could be on the hook for your own medical bills and repair costs. You are only protected if you have uninsured motorist coverage. This is commonly referred to as UM/UIM coverage. The purpose of UM/UIM is to allow you to recover from your own insurance company what they would have been able to recover from the uninsured negligent party. Your UM/UIM insurance would kick in to cover your damages if you are in a car wreck with someone who has no insurance or less than enough insurance to pay for your medical bills.

Many people confuse UM coverage with “liability” coverage. Liability coverage will not cover you if you are in a car wreck from someone with no car insurance in Mississippi. Liability insurance is designed to pay for injuries and losses caused by you. In other words, liability insurance protects the driver you hit in a car wreck, not you. Even “full-coverage” will not protect you unless you have UM coverage on your policy. UM/UIM coverage also protects you if you are in a motor vehicle accident with someone with less insurance than you. Additionally, UM/UIM could protect your family members against uninsured drivers in Mississippi.

Your car insurance agent may tell you that this coverage isn’t mandatory and that you can save money by “rejecting” it. This rejection must be in writing. UM/UIM coverage is designed to protect you in the event you are injured by an uninsured or under-insured driver. The coverage is very affordable and could save you a lot of money and headache in the long run. If you live in the state of Mississippi, do yourself a favor and make sure you have UM/UIM coverage on your vehicle today.

Ashley Hendricks Duck

Having an experienced Personal Injury Attorney in Jackson, MS is essential for getting you the compensation you deserve. If you’ve been injured in a car wreck in Mississippi, the experienced attorneys at Chhabra Gibbs are here to help. We believe in doing everything in our power to deliver you the results you deserve, and will be by your side every step of the way when dealing with the insurance company. Contact an experienced Mississippi Personal Injury attorney today at our office by calling 601-948-8005 or by using our live chat on our website.

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I Was in an Accident, Now What?

Rogen K. Chhabra — Wed, 12 Jul 2017 09:20:00 +0000

Many of our clients come to us several months or even years after their accident and when we ask them for certain information they respond that they didn’t know that they needed to (or not do) that. Here are the top 5 steps that people should take in personal injury cases:

Do get medical treatment. This is perhaps the most important aspect of your claim. It is crucial that you seek medical treatment as soon as possible, even if you do not have health insurance. It is difficult to show an adjuster that you were seriously injured in an accident if you never sought medical attention. The adjuster will argue that you were not seriously hurt. Additionally, you should not wait long periods of time in between treatment. Be consistent with your follow-up appointments or physical therapy. You should also keep up with the facilities where you sought medical treatment. This will make it easier to request medical records on your behalf. Do not agree to a quick cheap settlement of your case that may not come close to compensating you for your loss. Many insurance companies bank on you wanting quick money even though you may still be in pain from your accident.
Do call the police and/or report the incident. Many times people are hesitant to call the police or report the incident for various reasons. However, the police/incident report is an important aspect of your case, especially in car accidents. An official report supports that the accident occurred. Additionally, the police officer will usually interview the parties involved, take any witness statements and try to recreate the accident on the report. This information is important when the insurance company needs to make a determination of liability.
Do not sign a release. Many insurance companies will try to get you to quickly agree to a settlement and sign a release. Do not agree to a sign a release without speaking to a competent attorney. Once a general release is signed, a claim for those aspects included in the release are no longer allowed. It is always important to have proper legal representation when signing any legal document.
Do document the accident. Gather names and insurance information. Take pictures. Get witness contact information. The old saying that a picture is worth a thousand words holds true in personal injury cases. While photos are not the end-all be-all, they will help to show the scene immediately following the accident and other important information can be gleaned from photos. In addition to taking photos, get the contact information of any witnesses to the accident. These witness statements are very helpful when dealing with the insurance companies. If you are incapacitated, a family may need to handle this aspect.
Do not give a recorded statement without speaking with a lawyer. Every contact you have with the insurance company will be recorded. However, the insurance adjuster will likely ask you to make a recorded statement to get your version of events. It is important that you seek legal guidance before giving a recorded statement. The adjuster may seek to minimize your damages according to your responses to their questions. Insurance companies make money off not having to pay out claims and the adjuster’s job is to save the insurance company money.

By following theses simple steps, you place yourself in the best position to succeed on your claim.

Ashley Hendricks Duck

If you or a loved one have been injured, contact us today by calling 601-948-8005 or use our contact form or live chat.

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Ashley Hendricks Duck – MAJ Women’s Caucus

Rogen K. Chhabra — Fri, 15 Jul 2016 11:59:00 +0000

Recently, Chhabra, Gibbs Gustavis, P.A. Associate Attorney, Ashley L. Hendricks was selected by MAJ to serve as the Mississippi Association for Justice Women’s Caucus Chair this past year (2015-2016). The Women’s Caucus is an advocate for positive change on issues of concern to women and Ashley was honored to be elected to this position. The Women’s Caucus played a part in several successful events this year starting with a Judicial Conference Reception honoring women in the judiciary held during the 2015 Mississippi Trial Appellate Judges Fall Conference. The Women’s Caucus also helped to sponsor numerous events including a book drive for Mississippi Children’s Home Services, Women in the Halls Kickoff Party, and the Mississippi Women Lawyers’ Association’s 8^th Annual Day of Leadership. The Women’s Caucus capped off a successful year by welcoming Supreme Court Justice Ann Lamar as keynote speaker for the Women’s Caucus Luncheon at the MAJ Annual Convention in New Orleans on June 3, 2016. Ashley also received an award for Outstanding Leadership of the Women’s Caucus from MAJ President Dan Kitchens.

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Owner May Not Be At Fault From Slip and Fall

Rogen K. Chhabra — Wed, 23 Oct 2013 07:08:00 +0000

Just because you slipped or tripped and fell on someone’s property doesn’t mean that they are automatically responsible for your injuries. In a slip and fall case, the law requires you to show that the business or property owner knew or should have known about the dangerous condition before the accident. If you are unable to show that the business or property owner knew or should have known about the condition on the property, your case can be dismissed. Proving that an owner should have known (i.e. had constructive knowledge) about a dangerous condition is usually difficult.

In order to assist in showing constructive knowledge, you should immediately take these simple steps to preserve evidence:

Immediately report the accident and the dangerous condition to the property owner, store manager, or other person in charge.
Be sure to identify cameras in the area. The presence of cameras may be helpful to you case in that they can be used to help determine how long a substance has been present.
Use your phone to take pictures of dirty tracks, footprints or anything that helps to show that substance had been on floor for an extended period. If you are unable to photograph the condition, be sure to take extensive notes about the size, shape, color and location of the substance.
Identify where the closest employee would have been stationed in comparison to the substance.
Obtain the names and addresses of anyone who may have witnessed the fall.

If you or a loved one has been injured in a slip and fall, contact our office for a free, confidential consultation. 601-948-8005.

Ashley Hendricks Duck

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Difference Between Federal and State Court

Rogen K. Chhabra — Wed, 31 Jul 2013 07:33:00 +0000

Federal Courts only have jurisdiction over personal injury claims when “diversity” between the parties exists. Diversity is all about what state each party resides in. Diversity jurisdiction exists where all defendants are from different states than all plaintiffs and the amount in controversy exceeds $75K. If a party on opposite side is from the same state, diversity is destroyed. However, persons on the same side may be from the same state. If no diversity exists, then the case belongs in State Court.

When filing a claim where diversity exists, state court is still a viable place for the injured person to choose, and most often they do. It then becomes the Defendants’ right (if they all agree) to transfer it to Federal Court. Deciding where to file is not always an easy task.

Advantages to federal court:

Process is more streamlined, usually moves faster than state court.
Electronic filing in all Federal Courts but only in some state courts – this saves on expenses.
You get pre-disclosure of information up front before the lawsuit really gets going so you know better what the issues are.
Federal courts tend to be less tolerant of delays from either side, and delay is not what plaintiffs want.
Settlement conferences almost always are offered and usually encourage settlement for smaller cases.

Disadvantages to Federal Court:

You have to get all 12 jurors to agree on verdict in Federal Court whereas in State Court you only need 9. This makes it tougher to get a verdict in Federal Court.
Deadlines are stricter and sometimes easy to miss, which in some case can end a case.
Most motions require supporting memoranda, which means a lot more work has to be done causing expenses to be higher.
Discovery is usually limited in terms of how many people can be deposed or how many questions can be asked, which makes it tougher to get the information you need sometimes.

Another difference between State and Federal Court is that Federal Judges are appointed by the President of the United States while State Court Judges are elected by the people of their local district. This does not necessarily mean one side or another would prefer a particular Court, but for the most part, Defendants tend to prefer Federal Court while Plaintiffs tend to prefer State Court when all the factors above are considered.

If you have a question about your civil case and which Court system it could or should be in, please give us a call for a free consultation at 601-948-8005.

Ashley Hendricks Duck

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