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Jackson Legal Issues Blog

Who best knows how an injury could affect you?

People sustain injuries every day in car accidents, truck accidents, defective product accidents and much more. In the best of cases, the injuries are minor, resolve quickly and have tiny, short-term effects. In the worst of cases, an injury may result in death.

However, many injuries find themselves in a sort of middle ground between both extremes. Sometimes, part of being in this middle ground means living in limbo and with uncertainty. In order to seek fair compensation for your injuries, you must seek out people who can project current and possible impacts of the injury on your life.

The many faces of distracted driving

If you are like many people in Mississippi, you have likely heard plenty about the dangers of distracted driving from a range of sources. Over the past few years, this topic has garnered more and more attention and with good reason. Drivers who pay more attention to things other than driving put innocent people at risk for no good reason.

However, many of the conversations surrounding distracted driving have focused almost exclusively on cell phone use. While certainly the use of phone while driving is a primary danger it is far and away not the only form of distracted driving that people need to know about. As explained by the AAA Exchange, distracted driving takes many forms. Distractions may be cognitive, visual or manual. They may even be a combination of two or three of those factors.

What are grounds for divorce in Mississippi?

Not every person heading into divorce proceedings in Hazlehurst wants to see his or her marriage end. If you feel justified in seeking an end to your marriage, but your spouse refuses, what are you to do? You can sue for the dissolution of your marriage, yet in order for your divorce to be granted, you must cite one of the specific grounds for divorce that the state recognizes. 

According to the Mississippi Bar, the state's grounds for divorce include: 

  • Adultery
  • Desertion
  • Cruel and inhuman treatment
  • Habitual drug and alcohol abuse
  • Confinement to prison
  • Natural impotency

Can you get out of a contract?

If most of your business transactions in Hazlehurst are executed by way of contracts, then you know firsthand of the security that comes from having such agreements in place. You know that your contractual partner is bound to complete his or her terms provided you are able to fulfill yours. Yet what if you are put in the position (either due to a failure by your partner to deliver on its promises or to the needs of your organization) of needing to terminate a contract? Can you do so legally? 

The American Bar Association lists two scenarios where you may be able to end a contractual agreement: either for convenience or for cause. "For convenience" means that you find that it is in the best interest (or for the convenience) of your organization to get out of your contract. In this case, your partner may not have necessarily done anything wrong. To end a contract for convenience, there typically already has to be language in its terms that permits such action. If there is and you choose to exercise this right, you will usually have to pay your partner for the work it has already done as well as any expenses associated with ending your business arrangement. 

Some common products are more dangerous than once thought

When most consumers think of potentially dangerous products, common household items are likely the last on the list. Toys such as fidget spinners and gadgets with other small parts are typically to blame. It is frightening to consider the number of harmful materials that coexist alongside the entire family; home, after all, is ideally a place of safety and comfort. Yet news of injuries and even death as a result of defective products are not uncommon. It is important to know the potential risks of certain products, especially if infants and children are involved.

Last year, CNN highlighted the research of an organization called Project TENDR, who claim that many of the chemicals found in everday household products can result in neurodevelopmental disorders such as autism. Although the danger of toxic chemicals may seem evident, TENDR makes clear that only ten years ago, health departments deemed these products as safe. Furthermore, other organizations have come into the spotlight with warnings that exposure to some toxic chemicals could even jeopardize healthy reproduction. Some of these common products include flame retardants, organophosphates and phthalates--all of which can be traced in various foods, cookware, furniture and other household products. 

False domestic assault accusations and the lasting effects

It is difficult to view a domestic assault charge in anything but a negative light. After all, damage done to victims is often irreversible and defendants end up with a lasting mark on their records. Yet, contrary to popular belief, criminal charges such as these are hardly ever black and white, and some cases can end on a positive note. Such cases often involve false domestic assault accusations. In Mississippi, those who are wrongly accused have the right to dispute false claims and move on with the satsifaction of a normal life.

When it comes to media attention toward criminal charges, domestic assault cases typically make a big splash. The National Review disclosed the unfortunate 2014 case of NBA Timberwolves forward Dante Cunningham, in which Cunningham's girlfriend accused him of domestic violence. Cunningham strongly denied her claims that he broke down a locked door and choked her; however, officials believed his girlfriend's story and immediately arrested the NBA player. To make matters worse, Cunningham's girlfriend placed a restraining order against him, which she later claimed Cunningham also violated. Cunningham again denied these accusations, but later found that his contract with the Timberwolves had not been renewed. 

Elements of alimony in Mississippi

Your decision to end your marriage in Hazlehurst no doubt took a great deal of courage, especially if you were not the primary income earner in your home. While you now can look forward to not having to deal with the stresses that had developed in your marriage, you do have to consider how you will support yourself (and your children, if you have any). Many in your same position have come to see us here at the Shannon Law Firm, PLLC expecting to receive alimony. They are often shocked to learn that such a reward is not always automatic. Before you begin to plan on spousal support, it may be best to know first if you are even entitled to it. 

According to The Mississippi Bar, the court considers a number of different factors when determining when to reward alimony. These include: 

  • Yours and your ex-spouse's current income and earning capacity 
  • Yours and your ex-spouse's health
  • Yours and your children's needs
  • Your ex-spouse's necessary living expenses 
  • Yours and your ex-spouse's current tax obligations

Tishomongo County Courthouse employees report terroristic threats

It may be a safe bet to say that nearly everyone in Hazlehurst has had a moment when the temporary tension or tumult of a situation prompted one say something he or she did not truly mean. Sometimes, such statements may even escalate into threats. Yet most of these cases share two elements: They are not delivered with any sort of actual intent, and they are made behind closed doors in relative anonymity. If and when they happen in public places, however, such statements may leave those who make them facing dire consequences. 

A Georgia man is currently learning this lesson the hard way after having been arrested over an outburst made towards employees of the Tishomongo County courthouse. The man (who worked as a truck driver) had originally been cited by Mississippi Department of Transportation officials for failing to stop at a weigh station. It was reported that he missed his subsequent court date. The county sheriff reported that the man then called the courthouse and threatened employees with a "Las Vegas-style shooting." He was later arrested or making terroristic threats and waived his extradition back to the county. 

Distracted Driving May Be Even More Prevalent Than We Know

Anyone who has been on the road lately has probably seen a driver using a cell phone, glancing up here and there to drive. Perhaps you've done this yourself. And perhaps you or a loved one has been injured or killed because another person was texting or otherwise distracted by a device while driving.

While we know that distracted driving is a big problem, it might even be a larger problem than we realize, because of the flaws in the way distracted driving accidents are recorded.

Car accidents: who is at fault?

The topic of car accidents is one most would rather avoid, especially when they pose significant threats to safety. Yet some of the differences between minor bumper collisions and fatal crashes can be found in the distractions of drivers themselves. All individuals travelling on Mississippi roadways have the right to safety, and when that safety is jeopardized, individuals can take action against negligent drivers. 

They happen everyday, but why at such high volumes? Business Insider takes a closer look at common causes of fatal car accidents that affect thousands each day. Using a study by the Auto Insurance Center, Insider discloses that wrecks in most states are due to failure to keep in the proper lane. Other common causes included:

  • Reckless driving
  • Failure to yield right of way
  • Not adjusting to road surface
  • Driving on wrong side of road
  • Improper turn