The Most Common Causes of Pedestrian Accidents and How to Avoid Them

Take a distracted pedestrian and an impaired driver on the road and you have a recipe for disaster. According to statistics from the Centers for Disease Control and Prevention, pedestrian accidents involving a vehicle accounted for more than 7,000 pedestrian deaths in the United States in 2020. In addition, there were 104,000 ER visits to treat pedestrian injuries. The problem is deadly serious for everyone on our roads. 

It’s critical to understand the causes of these accidents as well as how to prevent pedestrian fatalities. 

Common Causes of Accidents Involving Pedestrians

Here is the most up-to-date information you need to stay safe and avoid injuring or killing someone.

Alcohol or Drugs

Alcohol was involved for the driver and/or the pedestrian in 46% of all crashes that resulted in a pedestrian death in 2019. About one-third of those crashes involved an impaired pedestrian, while one-tenth involved an impaired driver.

High Speeds

Higher vehicle speeds increase the likelihood of a pedestrian being hit by a car as well as the injury being more severe. When a car is going faster, the driver may not have the time required to react to an upcoming pedestrian and the pedestrian may not have adequate time to move out of the way. 

Distracted Drivers & Pedestrians

Distractions come in many forms for drivers and all are dangerous:

Distracted pedestrians can be just as dangerous, though:

Inattention at any level, drivers or pedestrians, is an invitation to disaster.

Failure to follow traffic rules and laws 

A pedestrian has the expectation that the vehicles around them will follow traffic laws. Risks to those on foot increase dramatically when drivers make illegal u-turns, fail to follow posted traffic signs, and disregard speed limits, contributing to pedestrian accident risks.

Pedestrians need to use crosswalks and obey crosswalk signals to ensure the vehicles around them know what to expect, too.

Left-hand turns

Vehicles turning left, whether it is at a crosswalk or intersection or not, hit three times as many people as cars turning right. Drivers focus their attention on cars coming their way as they wait for a clearing to turn. Pedestrians often get lost in this scenario, so are hit more often.

Inexperienced drivers 

New drivers lack the experience to keep track of all the moving parts involved in driving: traffic laws, signals, and road signs, as well as pedestrians. They also don’t have the confidence to drive in all conditions, yet. It’s a lot to learn, so more mistakes are made by inexperienced people behind the wheel. 

Now that we’ve explored some of the most common causes of vehicle-pedestrian crashes, let’s turn to prevention.

Ways to Prevent Pedestrian Accidents

As a pedestrian, here are common sense ways to keep yourself safe when walking near traffic:

Make sure drivers can see you

This is especially true at times of low light: dawn, dusk, and after-dark. Increase your visibility and wear reflective clothing and carry a flashlight.

Stay alert

As tempting as it is, don’t use earbuds or headphones while you’re out walking. Stay focused on what’s happening around you. 

Don’t walk in the road

If there are sidewalks, use them! If you must walk in the street with cars, face traffic until you can get back on the sidewalk or shoulder. If none of this is possible, find other places to walk. Stay out of the roadway!

Stay sober when you walk

Using alcohol or drugs (or both) will impair judgment and coordination. You might not be steady on your feet and step into the path of a car or fall on a curb as a vehicle makes a turn. Don’t drink (or indulge in drugs) and walk!

Drivers have an equal responsibility to prevent injuring pedestrians:

Drive defensively

Expect the unexpected from pedestrians. Don’t assume they see or hear you. Plan on them doing what you know they shouldn’t do. Always give them the right of way.

Don’t drive impaired

Injuring or killing a pedestrian isn’t worth intoxication or drug use. Take a taxi, ask for a ride from a friend, or stay where you are. 

Don’t drive while distracted

It’s become one of the leading causes of all accidents.  Even talking on a hands-free device will distract you from making split-second decisions behind the wheel. Put the phone down. The trunk is a good place for it, if necessary.

If you have been involved in an auto-pedestrian accident, don’t wait until it is too late to seek the justice you deserve. Set up a free case consultation with a law firm and experienced accident attorneys to discuss your accident and obtain legal advice and representation. Contact our office today.

According to the National Highway Traffic Safety Administration (NHTSA), truck accidents account for 12% of all traffic fatalities in the United States. And truck accident cases make up 70% of all motor vehicle accident claims. It’s a serious problem.

Let’s look at the types of compensation available to victims who suffer a loss due to a truck crash, the causes of these accidents, and some rules, regulations, and actions truck drivers must follow to prevent them. 

Types of Compensation for Those Injured in a Truck Accident

If you were injured in a truck accident that was not your fault, you can seek financial compensation that covers :

The damages you receive depend on the losses you experienced, including the severity of the injuries and the amount of damage incurred. Damages will also depend on proving that the truck driver was at fault for the accident. You will need a truck accident lawyer from a law firm with experience and resources to conduct an investigation, work on your behalf with insurance companies, seek a fair settlement or conduct a trial, and protect your rights.  

Common Causes of Truck Accidents

Considering factors like the speed of travel on our highways and the size and weight of commercial vehicles, crashes involving trucks are particularly dangerous. 

Here are some common causes of truck accidents:

There are also things any car driver can do to protect themselves from an accident involving a large commercial vehicle. Distracted driving is one of the leading causes of all car accidents today, so put the phone away and stay focused on driving. Stay alert, drive defensively, keep your attention on the road, and obey speed limits. 

Additional Rules and Regulations for Truck Drivers

Truck drivers are held to strict rules and regulations to protect the safety of others on the road. They must follow all the same laws that other drivers must follow, but beyond that, there are other layers of security that regulate every part of their job:

Legal Liability in Trucking Accidents

Proving liability for a truck accident depends first on the specific details and evidence presented for each accident. There is no “one size fits all” template for assigning legal liability or proving negligence.

Unraveling who was at fault involves a number of people as well as a company or agency, depending on who the truck driver worked for. Was the driver an employee of a company that transports items or was the driver an independent contractor? The answer to this as well as other questions is critical for a victim as liability is determined.

Other issues that will help the victims and their attorneys understand who was liable in an accident:

This information is key in order to seek compensation for the victim.

Where do I file a claim for truck accident compensation?

This is the job for a truck accident attorney experienced in truck accidents. It’s a complicated matter and an attorney can advise you on the best route to getting the settlement and compensation you deserve. 

There are two ways to proceed: seeking compensation from your own insurance provider or pursuing a claim against a negligent party. 

Don’t wait until it is too late to seek the justice you deserve for the accident that has disrupted your life and jeopardized your health. Set up a free case consultation with a law firm and experienced truck accident lawyers to discuss your accident and obtain legal representation. Contact our office today.

Healy & Jordan has helped plaintiffs in the Gulfport, MS, and New Orleans, LA, areas for over 35 years with various circumstances and claims. An example of an incident many of our clients faced involves Premise liability law.

If this is a case you are facing, you will want to understand every aspect of this area of law before consulting lawyers. Keep reading to learn about personal injury claims.

What Is Premise Liability Law?

Premise liability law deals with injuries on another property owner's land. This can include both public and private property. The owner of the property can be found at fault for any injuries that occur as a result of their negligence.

Suppose the property owner or business should have known about the dangerous condition of their property and failed to take steps to fix it or warn invitees, visitors, customers, and trespassers. In that case, they can be held liable for any injuries.

Status of a Visitor

Property owners must provide warnings of hazardous conditions to all visitors. Some of these categories include:

No matter who has entered your property, a property owner could still find themselves at fault for an injury on their land.

What Are the Different Types of Premise Liability Law Claims?

Different types of Premise liability law claims and hazards include:

Failure to pursue regular maintenance of equipment by businesses will usually lead to an accident. In that case, the plaintiff will have more of an advantage. Especially if the company did not provide a warning.

What Types of Personal Injuries Can You Receive Compensation From?

You can receive compensation for the following personal injuries:

Even if the business or homeowner has property liability insurance, you can still file a lawsuit and potentially claim a settlement. However, you will need experienced attorneys to represent your trial.

FAQS: Premise Liability Law

Keep reading to find frequently asked questions about dealing with a Premise liability claim.

How Do You Prove That a Property Owner Was Negligent?

During a Premise liability case, you can prove that the property owner was negligent by establishing that the property owner owed you a duty of care, that the property owner breached that duty, and that you were injured due to the breach.

Is Personal Injury and Personal Liability the Same?

Regarding insurance, personal injury and personal liability are different. The former will protect you against psychological damage. And the latter will protect you from claims regarding physical damages.

Does Property Insurance Protect Against Liabilities?

Liability coverage on property insurance will protect you in case a trespasser or visitor injures themselves on your property and decides to sue you. Meanwhile, without this coverage, property insurance will only protect a homeowner from vandalism or damage to a home.

Hire a Personal Injury Lawyer Today

If you need representation for Premise liability claims in Gulfport, MS, and New Orleans, LA, Healy & Jordan PLLC can help.

In addition to Premise liability cases, our law firm will offer consultation and representation for cases that involve:

If you have an emergency or want more information, contact a personal injury attorney by calling 228-383-0271.

If you've previously been charged with a DUI, you're aware of the criminal penalties it can cause, as well as damage to your record. However, there are strategies you can utilize to fight these charges. While drunk driving offenses are severe, it is possible to have them reduced or even dropped. Hiring a DUI criminal defense attorney in Gulfport, MS is a necessary first step towards this goal. 

These lawyers know the ins and outs of the law and can offer advice and expertise that will assist clients in navigating the legal system, increasing your chances for a successful case resolution. 

DUI penalties can include jail time, hundreds of dollars in fines, suspension of your license, probation, and more. But with the help of a DUI defense attorney, you can avoid some, if not all, of these circumstances.

The Different Types of DUI Penalties

There are various types of DUI penalties that an individual may face if convicted of driving under the influence. The severity of these penalties will vary based on the driver's blood alcohol content (BAC), their ability to complete field sobriety tests, whether they have previously been convicted of DUI or DWI in the past, their cooperation with authorities' questions, and a variety of other factors. 

If you were detained for DUI, seeking legal assistance immediately is advised to help wade through the process. A DUI attorney can help you challenge  evidence against you, negotiate for a reduced sentence, and work to reinstate your driver's license.

Healy & Jordan offers a free initial consultation if you are charged with driving under the influence in the Gulfport, MS area. We can help you understand your rights and options and will fight tirelessly to protect your freedoms and provide fair representation.

Common DUI penalties include:

Fines

An individual convicted of DUI may be required to pay steep fines. Depending on the jurisdiction, the fine could range from a few hundred to several thousand dollars.

Jail Time

A first-time DUI offender may face up to six months in jail. However, if a person has a history of DUI convictions, or their BAC level is exceptionally high, they could spend closer to a year in prison.

License Suspension

An individual's driver's license will likely be suspended following a DUI conviction. The length of the suspension can vary from a few months to several years based on the individual's BAC and the laws governing their home jurisdiction.

Interlock Device

A breathalyzer that is installed in a person's car is known as an interlock device. The device prevents the vehicle from starting if it detects alcohol on the driver's breath. Interlock devices are often required for individuals with multiple DUI convictions or those with high BAC levels.

Alcohol Treatment Program and Community Service

An alcohol rehabilitation program may be prescribed, especially for repeat offenders. Additionally, community service hours are often tacked on as an addition to the other sentences.

How Can DUI Penalties Affect Your Life?

Consequences of a DUI offense can be life-altering, regardless of classification as a felony or a misdemeanor. Beyond the lawful repercussions, problems with drugs and alcohol can seriously harm your personal life, from performance at work to relationships with people. A DUI can often be a wake up call before it leads to injury, bankruptcy, divorce, or even death.

For a first offense, the maximum fine for a DUI in Mississippi is $1,000. For a second or third time, the cost can rise, up to $5,000. In the case of jail time, the maximum sentence for a first offense in Mississippi is 48 hours. For a third offense, though, you can expect to spend nearly 5 years behind bars. The typical license suspension for the first offense in Mississippi is 90 days. A DUI on your record may mean losing your job or having a hard time finding one in the future.

When you add it all up, a DUI, no doubt, will complicate your life.  Skilled DUI attorneys have the knowledge, conduct the research, and compile the evidence and information against you to get the charges reduced or dismissed. They can also negotiate with prosecutors for a lighter sentence. If you are facing a DUI charge, do not try to handle it on your own. Hire a qualified DUI attorney who can help protect your rights and fight for the best possible outcome in your case.

Cost to Hire a DUI Lawyer

The average cost of hiring an attorney for a criminal offense such as DUI ranges from $1,500 to $3,000 but depends heavily on the severity of your charge and number of prior offenses. Compensation also typically depends upon the outcome of the case including any awarded damages or settlement amount, etc.

A first-time offender is more likely to strike a compromise with prosecution, resulting in a lesser charge and less severe punishment. If you have prior DUI convictions, you're bound to face more serious charges and more severe penalties, increasing your attorney's costs.

Benefits of Hiring DUI Penalty Attorneys in Gulfport

A DUI penalty attorney will know the laws in your state and can use this knowledge to help you avoid a conviction. An attorney can also negotiate with prosecutors to get charges reduced or dismissed.

An experienced DUI penalty attorney will know the ins and outs of the court system and can help you avoid the worst-case scenarios. For instance, in the case of a license suspension, an attorney can help you get a restricted version for driving to and from work or school. If you are facing a DUI charge, don't go it alone. Find a lawyer who knows the system and can assist you in protecting your rights.

If you find yourself in a situation requiring an experienced attorney who's dealt with the issues a DUI can cause, contact the Healy & Jordan Law Firm today for a free case evaluation. Our experience, reviews, and results speak for themselves, so let our law practice work for you to reduce potential fines or penalties so you can get back on your feet right away.

The Healy & Jordan Law Firm has been helping locals in the Gulfport, MS and New Orleans areas for over 35 years. This experience has given us much insight in Mississippi’s divorce laws.

They involve complex situations that you should fully understand before proceeding with legal actions.

With that in mind, we will cover these areas throughout this guide:

Read on to learn more.

Residency Requirements for a Divorce in Mississippi

One of the parties (your spouse or yourself) must have been residents in Mississippi state for at least 6 months before starting your divorce case [1]. Residency includes being stationed as a member of the armed forces.

You or your spouse cannot become residents any sooner or later than the 6 months prior to your case.

Does Mississippi Require Separation Before Divorce?

Mississippi state does not require legal separation before getting a divorce.

12 Grounds for Divorce in Mississippi

The following sections will cover the details surrounding the various grounds for divorce in Mississippi state.

Before proceeding with a divorce, seek legal help. Call an experienced divorce lawyer in Gulfport, MS today at 228-383-0271.

1. Incurable Mental Illness

Your spouse has to have been confined in a mental institution for at least 3 years to qualify for a divorce. Or they must have been going through regular treatments for their mental illness.

A member of the institution, a state superintendent, or two doctors must provide affidavits to confirm your spouse has an incurable mental illness [2].

2. Adultery

You could file a divorce for adultery (your spouse cheating on you) unless it was planned. You also cannot divorce if you continue to live with your spouse after finding out they cheated on you.

3. Desertion

Desertion grounds for divorce in Mississippi means your spouse deserted you for at least a year.

4. Prison Sentence

One party is sentenced to prison without being pardoned before the sentence.

5. Drug Abuse

Your spouse habitually uses morphine and similar drugs.

6. Cruel or Inhumane Treatment

Spousal domestic abuse is grounds for divorce in Mississippi. However, you must have testimony from a credible third party individual.

Examples of spousal abuse or inhumane treatment include:

Mississippi courts do not specify whether you can use home security cameras as viable proof of domestic spousal abuse. You will need to consult a lawyer for more information.

7. Bigamy

Bigamy is when you or your spouse is already married to another partner and pretends to marry the other party.

8. Incest

Incest refers to the married party being related to each other within the degrees of blood-related relatives. This is forbidden by law and grounds for divorce.

9. Wife Impregnated by Another Person During Marriage

Another person impregnated the wife during the marriage without the husband’s knowledge.

10. Incurable Impotence

Unable to produce offspring.

11. Sustained an Intellectual Disability or Mental Illness

Grounds for divorce with insanity could stem from one party having insanity while entering a marriage without the spouse knowing. Or insanity that developed after the marriage happened.

12. Habitual Drunkenness

One party habitually consumes alcohol.

Do you need a family law lawyer in Gulfport, MS? Heavy & Jordan can help you with various family law and divorce matters such as:

We can also help with matters such as criminal defense and business litigation.

Fill out our contact form and receive a response soon. Or you can call us at 228-383-0271 to talk to someone immediately.

The quality of the personal injury attorney in Gulfport that you hire for your injury case could distinguish between winning or losing your case. As a result, you must use extreme caution when selecting an attorney. To assist you in selecting the finest personal injury attorney, we have created a list of critical questions to ask. The responses you receive to these questions should assist you in determining whether or not a lawyer is a good fit for you.

What Kinds Of Cases Do You Handle On A Daily Basis?

While each legal matter is unique, they frequently exhibit some characteristics. For instance, we have automobile accidents, slip-and-fall accidents, truck accidents, and medical malpractice. While all of them fall under personal injury, the legal abilities and expertise required for each type vary slightly. Additionally, the standards governing each kind of injury case may be distinct. Therefore, before selecting an injury lawyer, you should regularly inquire about the type of cases they handle. Select a law firm that often handles cases similar to yours.

Do You Charge Based On Contingency?

Personal injury attorneys typically practice on a contingency basis. No legal fee will be assessed until the case is resolved. When an accident lawyer obtains a settlement, they typically retain 33% of the proceeds.

It is crucial to differentiate between legal costs and case expenses. The case expense is the cost of maintaining the case, including filing fees, expert witness fees, physician report fees, court reporter fees, and medical records fees, among others.

Typically, injury lawyers approach case expenses differently. By contrast, some firms anticipate that the client will fund the total or a significant portion of the litigation expenses. Certain businesses bear the litigation costs and deduct them from the monetary recovery.

How Long Have You Been Practising?

When looking for a personal injury attorney, expertise is crucial. Hiring an attorney with experience handling cases similar to yours improves your chances significantly.

Additionally, because most personal injury attorneys work on a contingency basis, you would pay the same amount regardless of whether you chose a lawyer with three or twenty-five years of experience. As a result, why would you settle for a novice attorney?

When it comes to any legal situation, it is always prudent to consider employing a more experienced attorney.

Does This Lawyer Actually Try Lawsuits In Court?

Unbeknownst to many, not all personal injury lawsuits proceed to trial. The majority of personal injury claims are resolved outside of court.
As a result, many accident lawyers lack experience in the courtroom, complicating and complicating matters for them when the party at blame decides to prosecute the case. To avoid court appearances, some injury attorneys may settle for inadequate compensation.
You must ascertain whether your prospective attorney has trial experience. A trial lawyer will not be scared to litigate your case and fight for your rights.

Are You An Educator?

Lawyers who speak at reputable legal education institutes earn the respect of their peers, including judges. They are regarded as authorities in their field.
These types of attorneys are typically more adept at resolving disputes quickly. They are a formidable adversary due to their reputation. The majority of lawyers and insurance adjusters will prefer to resolve matters amicably with them.

If you can locate a lawyer who meets these qualifications, you should consider retaining them to represent you. Most lawyers will highlight their accomplishments on their website or professional LinkedIn profile. Specific individuals will also provide links to their seminars and speaking events.

Are You A Member Of Any Legal Group That Specialize In Representing People With Injured Cases?

Organizations committed to representing personal injury victims exist on state and national levels. These organizations are dedicated to sponsoring legal education and publication projects. Additionally, they engage in lobbying initiatives to advance consumer rights. The most prominent is the American Association of Justice (AAJ) on a national basis.

What Percentage Of Your Cases Are Referrals From Other Lawyers?

Certain matters are beyond the capabilities of some attorneys. They typically send them to more experienced attorneys when they are presented with such instances. Therefore, if a lawyer receives a high volume of referrals, it is a hint that they are very good at what they do.
Therefore, you must ascertain whether your prospective lawyer refers a significant portion of their cases. You might have discovered the ideal attorney to handle your case if you answered yes.

Notably, some law firms may be hesitant to respond to your inquiry about whether they receive cases directed to them; This should not deter you from collaborating with them. Specific individuals may conceal such information for security concerns.

The easiest way to determine which attorneys receive the most referrals is to chat with a junior injury lawyer. Please do not hesitate to ask a friend, coworker, or relative if you have one.

Do You Offer A Free Consultation?

The majority of initial meetings with attorneys are typically free. However, not all attorneys provide a free consultation. They will bill you for each minute they spend investigating your case. While some will charge you immediately, others will add the initial consultation cost to the final few months following full recovery.

Therefore, before agreeing to meet with a lawyer, be cautious about inquiring whether they will charge you or not.
Suppose you plan to hire an injury lawyer anytime soon; you can visit our website here; https://healyjordanlaw.com to learn more about them.

Healy & Jordan, PLLC,

1323 28th Ave Suite A Gulfport Mississippi 39501,

228-575-4005

 

Find us on Social Media
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For over 35 years, Healy & Jordan has helped the Gulfport, Mississippi, and New Orleans areas with maritime and offshore law. Much of our help has included offshore claims.

These laws work differently than typical worker’s compensation cases. So you will need to take a different approach.

The following sections will help you better understand maritime law injuries by covering the following:

Keep reading to learn more.

What Is a Maritime Injury?

A maritime injury occurs when workers on sea vessels or offshore worksites in U.S. navigable waters sustain injuries from various scenarios. Examples include exposure to toxic materials or falling equipment striking your head.

What Are Your Maritime Rights?

Maritime workers must file a work-related claim within a certain number of days to receive compensation. If the plaintiff seeks further legal action, they could take their employers to court to receive compensation for their injury.

For example, with the Jones Act, you must file your claim within 7 days of the injury [1]. And you would have 3 years to sue your employer.

However, maritime workers do not qualify for typical worker’s compensation. So plaintiffs will need to take different legal actions and seek help from a local legal firm.

Different Types of Maritime Injury Claims

The many types of admiralty injury claims include:

1 The Jones Act defines “seaman” as someone who spends 30% or more of their time on navigable waters [2].

The claim that you pursue will depend on your situation. If unsafe equipment in an oil rig caused your injury, you will want to pursue an unseaworthiness claim.

You will want to consult legal help to help you determine the best path to pursue.

What Type of Maritime Injuries Can You Receive Compensation From?

You can receive compensation for the following offshore injuries:

You or someone you love could sustain an injury from the above examples from electrocution, collapsed equipment, slippery surfaces, or other examples.

If you had an on-the-job injury, inform your employer immediately after receiving medical treatment. Otherwise, your employer could take advantage of the delayed response time during litigation.

Who Is Eligible for Maritime Compensation?

The following workers can possibly receive compensation for maritime injury claims:

You can also file an admiralty claim if you suffered from an injury on these worksites:

Various other work environments can lead to injuries eligible for maritime injury claims. If you have suffered an injury, speak to someone immediately by calling 228-383-0271.

What Can You Receive Maritime Compensation For?

You can receive admiralty compensation for some of the following expenses:

Report on your injury immediately. Collect evidence such as testimonies and medical records. Otherwise, a lack of detail in your case could lead to not receiving the compensation you deserve.

Stop searching for a maritime admiralty lawyer in Gulfport, Mississippi. Healy & Jordan PLLC will help you in offshore and marine matters like:

We will also help you with business litigation, auto accidents, and criminal defense.

Reach out to us by filling out our contact form. Or call 228-383-0271 to talk to someone now.

Because of PHILIP’s negligence, many who have used the recalled CPAP and BiPAP models are filing lawsuits against the company. Many of these lawsuits demand compensation to pay the costs of replacing CPAP devices.

Others want compensation due to PHILIPS not warning the public. Or from the issues these devices caused.

What Models Did PHILIPS Recall?

PHILIPS recalled close to 4 million potentially defective that they manufactured between 2009 and 2021 (spring). These models include:

 

They recalled almost all models, except for the DreamStation 2 models. PHILIPS has more information on their website about the BiPAP and CPAP machines they recalled.

What to Do if I Used Recalled PHILIPS CPAP Machines?

First, check whether you suffer from any of these conditions:

If you are experiencing one of these symptoms after using a PHILIPS CPAP machine, you may file a lawsuit for compensation. You will need to find an experienced lawyer to help you with your case.

And once you do, they may have you fill out HIPAA Medical Authorization and CPAP Intake forms.

If you are looking for a PHILIPS CPAP lawyer in Gulfport, MS, or New Orleans, LA, look no further. We are an experienced law firm with vast experience in this area. Contact us today and deal with your CPAP claims.

Business litigation cases can become a nightmare for a company to navigate if they do not have the right resources. Unfortunately, they happen all the time.

What is business litigation, and why should it matter to you?

In this guide, you learn what business litigation is, what it includes, the various types, and how a lawyer can help you in this type of case.

What Is Business Litigation and What Does It Include?

Business litigation is a process where you would take issues that deal with business and commercial transactions to the courts. These cases revolve around legal disputes between companies.

6 Types of Business Litigation

Business litigation cases involve many types of legal issues. They can also spread across various industries.

Here are some examples of different business litigation cases. That way, you will better know what areas you will need to discuss with a lawyer.

1. Class Action Lawsuits

These types of lawsuits involve a group of people suing a defendant over a common issue. Class action lawsuits happen to recover funds collectively. These cases will arise from debt cases, data breaches, or product liability in many scenarios.

The people suing a company must follow certain conditions to certify their case. In this scenario, a company will need a business litigation lawyer to help defend its case. Hiring this type of lawyer will also ensure both parties reach a fair agreement.

2. Nondisclosure

When signing a nondisclosure agreement, employees must not reveal information about the company. These are in place to protect competitors from stealing trade secrets. However, in some cases, employees may think the agreement is one-sided.

Depending on the contract’s stipulations, a company could sue the employee for publicly disclosing information. A business could recover some of the money lost from the exposed trade secret.

3. Breach of Contract

Contracts govern every aspect of a successful business. Whether they cover terms of employment or transactions. In many scenarios, employees, contractors, or partners may violate a clause within the contract.

That is why many business litigation cases that reach the courts result from breached contracts.

However, a business can also violate these contracts, which is why another party could take them to court.

4. Breach of Fiduciary Duty

These cases happen when one party takes responsibility to act in the interests of another. Examples of relationships include:

This responsibility stems from working in a specific field. For example, real estate agents or financial advisors.

Many fiduciary duty cases will arise from conflicts of interest, misappropriating funds, or illegal activities. In these cases, the plaintiff must prove breach of fiduciary duty by showing the fiduciary acted in bad faith.

5. Employment

In many scenarios, an employee who has faced oppression could take their company to court. These cases can arise from wrongful termination, Family and Medical Leave Act (FMLA) violations, retaliation claims, and other situations.

Many employee disputes will include state- and federal-level laws. Thus, a business, or their lawyer, will need proficiency in both areas.

6. Shareholder Disputes

Various scenarios can trigger minority shareholders to dispute with majority shareholders or corporate officers. A couple of examples include denying access to records or breaching shareholder agreements.

Depending on the case’s severity, the company could have to pay for damages or liquidate assets.

How Can a Business Litigation Lawyer Help Me?

A business litigation lawyer who will manage both major and minor disputes. Services these types of lawyers include:

These lawyers can help you settle commercial-related disputes outside of court in many situations. Taking this route will significantly lower costs and save both parties time.

An experienced lawyer will know all federal and commercial laws whether you enter a courtroom. This knowledge can significantly help your cause.If you need business litigation representation in New Orleans, or Gulfport, MS, Healy & Jordan PLLC can help. Contact us today and let us know what you need. Afterward, we will arrange your free consultation.

What Is Premises Liability? Everything You Need To Know

Whether you injured yourself on someone else’s property or they hurt themselves on your land, you need help. You will need to understand premises liability before a simple mistake on your part could lead to a bigger case.

What is premises liability and why should it concern you?

While reading through this guide, you will learn what premises liability is and how it affects you. You will then find various examples of liability accidents.

What Is Premises Liability and What It Means for You?

Premises liability is a legal concept that appears when an invitee or licensee suffers from an injury on someone else's property. This concept will show up in personal injury cases.

A premises liability lawsuit will hold a property owner responsible for damages that happen because of an injury.

The Property Owner’s Role

In both Louisiana and Mississippi, owners must provide a safe environment for guests. Examples of precautions that owners could take include installing fences, maintaining hardware, or repairing broken furniture.

If business or property owners are unable to quickly address their safety issues, they must warn guests of any unsafe conditions. These types of requirements are standard among states.

Some states may have different rules. Not all states do this, but some will categorize visitors into a few groups that include:

Invitee

An invitee is someone the owner invited to a property for commercial purposes. This includes customers or contractors. The invitation implies the owner has taken steps to ensure a safe shopping or visiting environment.

Trespasser

A trespasser enters a property without any right to do so. Because of this, there is no promise to trespassers that the property owner has enacted the right safeguards. The owners cannot lawfully prepare traps for trespassers.

Licensee

A licensee, or social guest, enters a property for their purpose at the owner’s consent. The owner must exercise enough care to prevent injuries on their property

Visitor’s Duty

A licensee or invitee must use reasonable care to keep themselves safe. Suffering an injury due to carelessness could reduce your percentage of the fault. This could lower the amount you are owed for damages.

In states with contributory negligence, plaintiffs may find themselves unable to recover any funds. This type of negligence occurs when both parties fail to take proper precautions to assure the safety of the plaintiff.

Types of Premises Liability Accidents

Throughout this section, you will find several examples of premises liability accidents and areas where the owner could prove themselves negligent.

Lack of Building Security

If a building owner fails to employ the right security measures and a break-in happens, premises liability comes into play. In this scenario, renters may be owed compensation because of the property owner’s negligence.

Slips-and-Falls

When someone slips and falls on your property and if an injury happens, premises liability will become one of your first settlements. These incidents could come from unsecured carpets, broken stair steps, wet floors, and more.

Some areas of neglect that could fall on the owner include the owner forgetting to put a wet floor sign, not warning guests of broken stairs, and failing to secure carpets.

Other Classified Liability Cases

To determine how protected you are in a premises liability case, you will need to understand what situations you could initiate or suffer from a lawsuit for. More examples include:

When Should You Consult a Lawyer?

When dealing with a premises liability case as a property owner, you will benefit from hiring a lawyer. Whether you were negligent or took the right safety precautions, you will need to prepare yourself for the victim’s lawyer.

Their lawyer will know more about personal injury law than you. You will want to have someone who can help mitigate your losses.

If you are a visitor who suffers from an injury, you will need to prove the owner’s negligence. A lawyer will help you receive funds for medical expenses, lost wages, and relief when dealing with your pain. They will also help you argue your case.

Have you suffered from a liability accident in New Orleans or Gulfport? Contact a specialist. The Healy & Jordan Law Firm has extensive experience in handling liability cases. If you need to speak to someone immediately, call us at 228-575-4005.

If you prefer speaking through email, use our contact form and we will respond as soon as possible.

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