Frequently Asked Questions

Brain injury

Auto accidents

Wrongful death

Medical malpractice

Premises liability

When you need answers

If you need questions answered on your important legal matters, contact the Law Offices of Judy Guice, P.A. today.

Brain injury

What are the most common types of brain injury?

Brain injuries fall into two categories—traumatic brain injuries and acquired brain injuries.

Traumatic brain injuries occur when the brain is damaged by an external force, such as an accident or a blow to the head.  Acquired brain injuries occur at a cellular level, such as by oxygen deprivation.

What causes a brain injury?

A force or blow can cause traumatic brain injury by causing the brain to move inside the skull or by damaging the skull to the extent that it then damages the brain.  Many traumatic brain injuries stem from motor vehicle accidents, a direct blow to the head with a heavy instrument, sports injuries, slip and fall accidents, and physical violence.

Some causes of acquired brain injury include starvation of oxygen to the brain and lack of blood flow to the brain. Other circumstances under which one might suffer an acquired brain injury include near drowning, choking, stroke, disease, and toxic exposure.  Hypoxia or anoxia (deprivation of oxygen) to a fetus around the time of birth is often seen in birth injury or cerebral palsy cases.

Are some injuries milder than others?

The level of brain damage can vary with traumatic and acquired brain injuries.  A person may suffer a mild brain injury, which impacts the person for a short period and with minor symptoms.

Symptoms of a moderate brain injury can last longer, and the effects can be more profound.

A serious brain injury can lead to life-changing and debilitating problems and can result in such conditions as coma, vegetative state, minimally responsive state, locked-in syndrome, brain death, and many other conditions.

When the brain injury is hypoxic or anoxic in nature it can cause developmental delay in the baby and profound lifelong disability. 

Am I entitled to compensation for my brain injury or one suffered by a family member?

A qualified brain injury lawyer can best evaluate your case for possible compensation.  He or she must thoroughly review the facts of your case with experts and advise you regarding all options.

Auto Accidents

Can the insurance company refuse to pay my medical bills if my car was not damaged?

No.  While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not.  The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.

Wrongful death

What is wrongful death?

The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support.  The wrongful act might be:

  • A negligent or careless act (e.g., careless driving)
  • A reckless act
  • An intentional act such as murder

Mississippi has a statute permitting a lawsuit to be brought by the decedent's relatives in the event of a wrongful act.

What is the statute of limitations for filing a wrongful death claim?

Mississippi law sets the timeframe for filing.  The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.

Who can sue for wrongful death?

Mississippi defines the person(s) allowed to bring a wrongful death suit.  An experienced attorney like Judy Guice can tell you who has the right to file a claim.

Medical malpractice

What is medical malpractice?

No medical professional is allowed to needlessly endanger a patient.  Medical malpractice or professional negligence is the failure of a doctor, hospital, nurse, technician, pharmacist or other health care provider to uphold good and accepted medical techniques or principles.  Death or injury caused by substandard care is commonly called malpractice.

Who is liable for medical malpractice?

Any medical/healthcare provider—physician, nurse, therapist, etc.—who has caused injury to a patient because of professional negligence or substandard care may be held responsible for their acts.  The employer of the at-fault professional—hospital, HMO, professional corporation, etc.—may also be responsible.

How long do I have to bring suit?

An experienced malpractice lawyer must carefully analyze all the facts of the case to determine when the time will most likely run out in any given case.  The time is also different for state-run hospitals or facilities. The rules and laws are complicated and even an experienced malpractice attorney sometimes needs to re-check the rules and the case law in light of the specific facts of the case to decide just when the time runs out.  Because it often takes time to get all medical records and have them reviewed by a competent physician, it is always wise to consult experienced malpractice counsel as soon as possible.

Is medical negligence common?

Yes, more than you know.  If has been estimated that 98,000 deaths a year occur from malpractice in hospitals alone.

Because these cases are very difficult, only a tiny percentage of malpractice victims or their survivors ever make a claim or file a lawsuit for the injuries or deaths.

Premises liability

I fell and was injured.  Who will pay my medical bills?

If you fell while working, your injuries may be covered by your employer's worker's compensation insurance.

If your injury occurred in a store or a building, you can file a claim to recover damages to compensate you for your injuries.  Be aware, however, that a building owner is not liable for every injury that occurs on the property.  To recover for an injury, the owner or operator of the business must have breached his duty to keep the premises reasonably safe and to warn of known dangers.  An attorney can provide you with additional details about premises liability.