Q: Are you involved in the local community helping people?
A: Absolutely! Jay Foster has devoted an enormous amount of time volunteering for various projects that help people in Mississippi. Jay is the Past President of the Coast Business Leaders Association which greatly assists people all over our State. The Coast Business Leaders Association motto is "Preserving the Past. . .Ensuring the Future."

Please take a look at the "practice areas" section of the website for further information about the free legal help Jay Foster provides.

Q: Does Jay Foster provide free legal work?
A: Absolutely! Jay Foster is committed to providing free legal work for people who cannot afford it. He has rountinely represented battered women in divorce and child custody cases who are unable to afford an attorney. He gets incredible satisfaction from assisting an abused woman in turning her life around. It is truly one of the great experiences that he has had in life.

Jay Foster has also assisted dozens of people since Hurricane Katrina regarding landlord-tenant issues, mortgage issues, insurance issues, and various other matters. Similar to many of us, while Jay Foster lost his home and was temporarily living in his office, he still did all of this for free. Jay Foster did it (and is currently doing it) because he truly wants to help people and give back to our community. It is something that Jay Foster believes everyone should do and he will continue to provide this service for as many people as he possibly can.

Q: Is there any other way I can get free legal work?
A: Yes! If I am unable to help you, there are a number of organizations that provide free legal work. Please click on our "resources" page for a list of organizations which provide free legal work. The link for the "resources" page is located on the "home" page in two places: the top and the bottom left. Just click on the link.

Q: I need help other than legal help. Is there anything available for me?
A: Yes! Please check under the Hurricane "Questions and Answers" page for other help available for you. You can also visit our "Web Resources" page which lists a number of organizations that can assist you. These organizations range from providing free prescriptions to helping clean up Hurricane damaged property.

Jay Foster is the Past President, Pat Vice-President, and Past Secretary of the Coast Business Leaders Association and this group also assists people with a variety of problems. The Coast Business Leaders Association raises money for various charities along the Coast and assists people in various other ways. Jay Foster is committed to helping the community through various organizations. Please feel free to take advantage of the unique and multiple opportunities on this web site if you need them.

Workers Compensation

Q: If I am injured on the job in Mississippi, what should I do?
A: First, make sure you get to an emergency room if your injury is serious and get the medical treatment you need if it is an emergency. Next, if you are able to do so, please notify your supervisor immediately. After this, please understand that you have the right to choose your own doctor when you are injured at work in Mississippi. This is one of your most important rights and you should use it. Jay Foster will certainly be able to help you in regards to medical treatment.

Q: Am I entitled to a settlement for pain and suffering due to a Mississippi Worker's Compensation accident?
A: No. Unfortunately, if a Mississippi citizen is injured in Mississippi while working for a Mississippi employer, the injured worker is not entitled to compensation for pain and suffering. However, you are entitled to your Mississippi Worker's Compensation check, round trip mileage to your doctor, and payment of all of your medical expenses related to your worker's compensation accident. The rationale is that in a Mississippi Worker's Compensation case, the person who was injured at work does not have to prove fault.

In other words, the injured Mississippi Worker just has to show that he or she was at work and received an injury. On the other hand, while the injured Mississippi Worker does not have to prove fault, the employer enjoys the benefits of knowing, in advance, that the amount someone can recover is limited. In other words, the amount a person injured on the job in Mississippi can recover is limited. If you have questions, please call or email Jay Foster about this.

Q: How much money can an injured Mississippi Worker get for a Mississippi Worker's Compensation accident?
A: If you are injured on the job in Mississippi, the amount of money you can get is limited by state law. In other words, it is not an unlimited amount. Moreover, the amount you may receive depends on your injury. Some factors include your work restrictions, educational level, vocational skills, and impairment rating from your doctor. In order to properly determine this, a complete investigation is required of a variety of factors by a competent Mississippi Worker's Compensation lawyer. We can help you at our offices, please call or email us for assistance.

Q: If the Judge ruled against me and I lost my Mississippi Worker's Compensation Case, how long do I have to appeal the decision?
A: If you went to trial and the Judge issued an Order ruling against you on your Mississippi Worker's Compensation case, you have 20 days to appeal the decision. This means the appeal of your Mississippi Worker's Compensation case absolutely must be filed with the Mississippi Worker's Compensation Commission on day 20 or earlier. In other words, mailing the appeal on the twentieth day is not good enough. It must actually be filed with the Mississippi Worker's Compensation Commission on or before the twentieth day after the Mississippi Administrative Law Judge makes a decision.

Section 71-3-47 of the Mississippi Code provides the time deadline for this and states, in pertinent part, "This decision shall be final unless within twenty (20) days a request or petition for review by the full commission is filed." Procedural Rule 10 of the Mississippi Worker's Compensation Commission, provides, in pertinent part, "In all cases where either party desires a review before the Full Commission from any decision rendered by an Administrative Judge, the party desiring the review shall within twenty (20) days of the date of said decision file with the Secretary of the Commission a written request or petition for review before the Full Commission."

At our offices, we strongly suggest you contact a qualified Mississippi Worker's Compensation attorney to handle your appeal. There are all kinds of procedural issues and time deadlines which may get your case dismissed permanently. Please note that statutes and rules change all the time so please do not rely upon what you are reading on our website in regards to your case, as an attorney is crucial to assisting you with this aspect of a Mississippi Worker's Compensation injury claim. Certainly, if you have questions about this, call or email Jay Foster immediately.

Q: If I am injured in a Mississippi Worker's Compensation Accident, am I entitled to a jury trial?
A: No. There are no jury trials for Mississippi Worker's Compensation cases. Instead, all of the trials are presided over and decided by Judges. There are eight Mississippi Worker's Compensation Judges for the entire State.

Q: I was injured at work in Mississippi. When should my worker's compensation check start?
A: If you were injured at work in Mississippi, you are entitled to receive a workers compensation check. The amount depends, in part, on what you were making at the time of the injury. However, no workers compensation benefits are due for the first five days of temporary total disability.

Q: If I have a workers compensation injury and return to work at light duty but I am paid less money, am I entitled to anything?
A: Yes. If you suffer a workers compensation injury and thereafter, you are temporarily totally disabled, at some point you may return to work at light duty. If your employer puts you back to work at light duty but pays you less money than what you were earning at the time of the accident, you are entitled to temporary partial disability benefits. This is defined as the two-thirds of the difference in the pre-injury and post-injury wages.

Q: What does maximum medical improvement mean for a Mississippi Worker's Compensation accident?
A: In Mississippi, an employee who is injured at work may reach what is called "maximum medical improvement." Some people may abbreviate maximum medical improvement to MMI. Essentially, what this means is that according to your doctor, you are as good as you are going to get. You may not necessarily be completely healed and you may in fact need additional medical treatment but, for Mississippi Worker's Compensation purposes, again, you are as good as you are going to get.

Q: If I am injured in a Mississippi Worker's Compensation Accident, how much is the insurance company supposed to pay me per week?
A: If you are injured in a Mississippi Worker's Compensation Accident, you are entitled to 66 2/3s of your average weekly wage. Section 71-3-17(b) of the Mississippi Code, states, in pertinent part, "Temporary total disability: In case of disability, total in character but temporary in quality, sixty-six and two-thirds percent (66- 2/3 %) of the average weekly wages of the injured employee." This Section of the Mississippi Code is discussing an injured Mississippi Worker who is temporarily totally disabled and the amount, as a percentage, of what the injured worker should receive from the insurance company.

As we always say, many things change in Mississippi Worker's Compensation law. Therefore, this statute or any other statute or rule is subject to change without notice and the changes may greatly affect an injured Mississippi Worker's rights. As a result, we strongly suggest you contact us in regards to your particular injury situation.

Q: If I am injured in a Mississippi Worker's Compensation Accident, how is my average weekly wage determined?
A: If you are injured in a Mississippi Worker's Compensation Accident, your average weekly wage is determined by taking the average of your wages for the 52 weeks prior to the accident. This can get complicated and as always, we recommend you contact us directly to get an accurate answer for your Mississippi Worker's Compensation injury. Specifically, Section 71-3-31 of the Mississippi Code provides, in pertinent part, "the basis for compensation under this chapter shall be the average weekly wages earned by the employee at the time of the injury, such wages to be determined from the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury divided by fifty-two."

Section 71-3-31 also states, in pertinent part, "but if the injured employee lost more than seven days during such period, although not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results just and fair to both parties will thereby be obtained. Where, by reason of the shortness of time during which the employee has been in the employment of his employer, it is impracticable to compute the average weekly wages by the above method of computation, regard shall be had to the average weekly amount which, during the first fifty-two (52) weeks prior to the injury or death, was being earned by a person in the same grade, employed at the same or similar work in the community. Wherever allowances of any character are made to an employee in lieu of wages or specified as part of the wage contract, they shall be deemed a part of his earnings."

Q: If I am injured at work in a Mississippi Worker's Compensation accident, am I entitled to a doctor of my own choice?
A: Yes! The right to obtain your own doctor for a Mississippi Worker's Compensation Accident is one of the most important rights that we can help you with at our offices. You are entitled to your own doctor but we find very frequently that insurance companies will not tell injured employees this. In fact, some employer will even go so far as to mislead injured workers into believing that they must get medical treatment from the insurance company's doctor. It is very important that you do not allow that to happen.

Jay Foster also answers the question of whether you are entitled to a doctor of your own choice on video here.

Q: If I am in a Mississippi Worker's Compensation Accident, what is the amount the insurance company is supposed to pay me for mileage?
A: Currently, in 2006, the amount is .44.5 cents per mile for Mississippi Worker's Compensation Accident victims. Any person who is injured in Mississippi at work is paid this amount for any round trip the person makes to any medical provider for your Mississippi Worker's Compensation Accident. Jay Foster ensures that you get paid this amount for your Mississippi Worker's Compensation Accident by having you fax, mail, or email your mileage once a month to Jay Foster. In turn, we fax the information to the Mississippi Worker's Compensation Insurance Company and follow up to make sure they pay you directly for the mileage.

Q: What does an impairment rating mean as it concerns a Mississippi Workers Compensation case?
A: The definition of an impairment rating for a Mississippi Workers Compensation case has been debated extensively. However, one thing that can be agreed upon is that an impairment rating is helpful to determining the benefits payable to an injured Mississippi employee. An illustration may be helpful.

For example, let us assume that a Mississippi construction worker injures his or her right arm on the job. The construction worker is right-handed and has worked construction for most of his or her life. The construction worker has a 10th grade education. The medical impairment rating is 15%, meaning that he has a loss of use of approximately 15% of a "normal" functioning arm. In other words, the arm is only 85% "normal." However, the work restrictions from the doctor prevent the Mississippi construction worker from returning to work doing construction.

As a result, the injured worker may be entitled to a settlement greater than the 15% impairment rating. This "loss of use" could even result in a permanent and total disabilty from work. Thus, the injured Mississippi worker could have what is called a "loss of wage earning capacity." In other words, this simply means that the injured Mississippi Construction Worker cannot make the same amount of money he or she was making at the time of the accident. Of course, the injured worker is not completely handicappped. Instead, the permanent disability refers to the fact that the injured worker is unable to return to the work performed for most of their life.

Car Accidents

Q: Am I entitled to pain and suffering for a Mississippi car accident?
A: Yes. This is where we can assist you greatly in determining whether a person injured in a Mississippi car wreck is receiving a fair settlement. Of course, the amount of the settlement varies depending upon the injuries suffered in the Mississippi car accident. Please note that the Mississippi legislature and insurance companies have greatly reduced the amount a seriously injured person can recover for pain and suffering. Jay Foster can discuss these issues with you in person or over the telephone.

Q: If I am in a car accident or wreck in Mississippi, is the insurance company required to pay for the property damage to my car?
A: Yes. As long as you were not at fault for the car accident in Mississippi, you are not required to pay for your property damage.

Q: If insurance company refuses to make a reasonable offer to settle my Mississippi car wreck case and you have to file a law suit, does the jury get to know there is insurance?
A: No. This is one of the disadvantages of a trial in Mississippi for a car wreck. The jury will never know about insurance because the Judge will not allow this issue to be discussed in front of the jury. You would be surprised at how many jurors still do not realize that there is insurance available on virtually every case that goes to trial. However, since the jury is unaware there is insurance, sometimes they think the person that caused the wreck is paying out of their pocket and this can affect the amount of the verdict. This is why it is vitally important to hire an experienced Mississippi litigator to represent you.

Q: What is the Mississippi statute of limitations for a Mississippi Car Accident or Car Wreck?
A: The statute of limitations in Mississippi for a car wreck depends on a number of different facts. The statute may be as short as one year. It may be as long as three years. This will depend on the facts of the case. Please note that once the time limit runs (the statute of limitations) you cannot pursue a claim for your injuries in Mississippi. In other words, if the time limit on the statute of limitations runs, you will be forever barred from any recovery. Please call Jay Foster to discuss the statute of limitations for any Mississippi car wreck.

Q: If I have a car wreck in Mississippi, is the insurance company for the person that caused the car wreck required to pay for a rental car for me?
A: Yes. As long as the person who caused your wreck in Mississippi had insurance coverage then it should pay for a car rental for you while your car is being repaired.

Q: If Jay Foster files a lawsuit on my car wreck case and it goes to trial, am I entitled to a separate jury instruction for loss of enjoyment of life?
A: Unfortunately, the answer is no. Since our legislature routinely votes in favor of insurance companies, they have consistently limited the types of recovery that an injured person can get. The legislature has also consistently limited the amount of compensation you can receive. Apparently, our legislature believes that we are smart enough to decide if someone can live or die in a death penalty case but we are not smart enough to decide how much money an injured person should receive.

At our offices, we realize that it is hard to place ourselves in another's shoes, but if it were your child who was horribly injured or even killed by a drunk driver, would you want a price put on their life by our government? In regards to this question, Section 11-1-69 of the Mississippi Code provides the answer. It states, "In any civil action for personal injury there may be a recovery for pain and suffering and loss of enjoyment of life. However, there shall be no recovery for loss of enjoyment of life as a separate element of damages apart from pain and suffering damages, and there shall be no instruction given to the jury which separates loss of enjoyment of life from pain and suffering. The determination of the existence and extent of recovery for pain and suffering and loss of enjoyment of life shall be a question for the finder of fact, subject to appellate review, and the monetary value of the pain and suffering and loss of enjoyment of life shall not be made the subject of expert testimony. (2) In any wrongful death action, there shall be no recovery for loss of enjoyment of life caused by death."

This statute became effective in January 2003.

Trucking Accidents

Q: In Mississippi, are truck drivers (people who drive 18 wheelers) limited in the number of hours they can drive?
A: Yes. In accident involving 18 Wheelers in Mississippi, we have found that truck drivers frequently drive in excess of the number of allowed hours. This can cause the driver to become sleepy and is one of the frequent causes of accidents.

Q: If I am in an accident with a 18 Wheel Truck in Mississippi, how do I know if my attorney has the experience necessary to handle my wreck involving an 18 Wheel Truck?
A: One of the ways you can determine if your attorney has the necessary experience for your Mississippi accident involving an 18 Wheeler is by finding out if they know the Federal Motor Carrier Safety Regulations in detail. If your attorney does not have a current copy and the copies of the last several years of the Federal Motor Carrier Safety Regulations, then your attorney may not have the experience necessary to handle your case.

At our offices, we are intimately familiar with the Federal Motor Carrier Safety Regulations and this familiarity can greatly assist in the value of your case. The reason this is important is that we find that some trucking companies do not abide by the law. Unfortunately, the failure of the trucking company to abide by the law causes wrecks in Mississippi and has caused some very serious injuries, including death.

Q: Can trucking companies in Mississippi avoid fatigue-related trucking wrecks?
A: Yes. Mississippi Trucking Companies can easily avoid fatigue related wrecks in Mississippi. All they have to do is install a device called "Sleepwatch" or Grace's device. It monitors whether a driver is too tired to drive and as a result, can help prevent wrecks.

Q: Does it cost too much to install devices in trucks that would prevent fatigue-related crashes?
A: No. In fact, it is approximately $850.00-$1,00.00 to install devices in 18 Wheeler Trucks. These devices monitor truck drivers and help determine whether they are too tired to drive. Certainly, $850.00 is not too much to ask to avoid a death or injury. Yet, we still have trucking companies across the country who have refused to install this simple device.

Nursing Home Abuse

Q: What is Nursing Home Abuse in Mississippi?
A: Nursing Home Abuse can be a combination of factors related to your loved one who is under the care of a Mississippi Nursing Home or caretaker facility. It can even include physical injuries caused by the nursing staff or other residents of the nursing home facility.

Signs of problems may include, the following: open wounds, cuts, bruises or welts , emotionally upset or agitated, dehydration, malnutrition, caretaker can not adequately explain condition, extremely withdrawn & non-communicative, pressure sores or bed sores, elder's sudden change in behavior, unusual behavior (sucking; biting; rocking) , unclean conditions, loss of weight, begs for food, burns caused by cigarettes, caustics, acids, fecal or urine odor.

Dog Bite Attacks

Q: In Mississippi, does a dog have to bite someone before the Mississippi owner is responsible for the injuries caused by the dog?
A: No. In Mississippi, a dog does not have to bite someone before the owner is responsible for teh injuries caused by the dog. The Mississippi Supreme Court has explained that the rule is "[T]here [must] be some proof that the animal has exhibited some dangerous propensity or disposition prior to the attack complained of, and, moreover, it must be shown that the owner knew or reasonably should have known of this propensity or disposition and reasonably should have foreseen that the animal was likely to attack someone." Mongeon v. A & V Enterprises, 733 So. 2d 170 (Miss. 1997) (quoting Poy v. Grayson, 273 So. 2d 491, 494 (Miss.1973)).

In other words, there is no "one-bite rule." As a result, if the dog has shown some sort of dangerous character prior to biting someone, then the owner is resposible for the injuries caused by the dog.

Hurricane Insurance Claims

Q: In Mississippi, if my Hurricane Katrina Contractor took my money and failed to complete my home repair job, is there anything I can do?
A: Yes. Please note that in Mississippi, your contractor may have committed a crime by doing this. There are several ways to have this investigated. Jay Foster recommends that you contact the Mississippi Attorney General's Office. The division of the Mississippi Attorney General's Office that handles this is:

Consumer Protection Division
Office of the Attorney General
P.O. Box 22947
Jackson, Mississippi 39225-2947
Telephone (601) 359-4230 or in Mississippi 1-800-281-4418

Alternatively, if you live in Harrison County, Misssippi, you can contact Sheriff George Payne's Office and ask for the contractor fraud division.

Q: How can I get help for the damage caused to my property?
A: There are several avenues available for help. First, you should apply for a SBA loan. The link to the SBA frequently asked questions is: http://app1.sba.gov/faqs/faqindex.cfm?areaID=3

If the SBA determines that you are not eligible, you may be eligible for a FEMA grant. The link for FEMA is: http://www.fema.gov/press/2005/resources_katrina.shtm.

Of course, there is the Mississippi grant program as well. The link for this is: http://www.mshomehelp.gov. However, please note the requirements of this program:

1. You owned and occupied your home as of August 29, 2005.

2. Your home was located in Harrison, Hancock, Jackson or Pearl River County, Mississippi.

3. Your home was your primary residence on August 29, 2005.

4. You maintained homeowners insurance on the property.

5. You lived outside the pre-Katrina designated flood zone (FEMA-designated 100-year flood zone) on August 29, 2005, but your home flooded as a result of Hurricane Katrina.

6. This program is not for second homes or rental property

Please note that according to the grant program, "the state is working on other programs for people who do not fit these criteria, such as low-income homeowners who did not have insurance."

Please click on our "resources" link on the "home" page for a lot of other links to websites which provides all kinds of help for you. The resources link is towards the bottom left of the home page and is at the very top of the home page.

Q: How else can I get FREE help for my Hurricane Katrina damaged property?
A: There are several fantastic organizations helping and this list is by no means comprehensive and thanks goes out to many of you who started this list.

1. Marianna Papsdorf, Community Collaborations International, merpapsdorf@yahoo.com.

SERVING THE GULF COAST

Back Up the Badge Help for law enforcement officers D backupthebadge.org.

Blanket Brigade Supplies blankets, items as needed D/V blanketbrigade4bsl.tripod.com

Hands On Network Cleanup and rebuilding D/V handsonnetwork.org

Hope Haven Shelter All aspects of help for abused children D/V hopehavenshelter.org

Katrina Found Pets Reunites pets and owners, pet adoption D/V katrinafoundpets.com

Minnesota Helpers Array of supplies as needed from Minn. D/V minnesotahelpers.org

Pet Finder Owners can search for lost pets here D/V petfinder.com/disaster

Project Hope Offers a variety of medical services D/V projecthope.org

Church World Service(I) Coordinating groups and relief services D/V cwserp.org

Eight Days of Hope(I) Home repairs Next trip May 28 to June 3 D/V eightdaysofhope.com

Lutheran Disaster Relief(L) Offers a variety of help D/V elca.org/disaster

Habitat for Humanity(I) Builds new homes for low income families D/V habitat.ca/hurricanekatrinaresponse

Islamic Group(IS) Offers a variety of services D/V irw.org
Kentenn Relief Team Cleanup and rebuilding homes from KY and TN. D/V kentennteam.org

SERVING BAY ST. LOUIS AND DIAMOND HEAD

Project Mend A Home Cleanup and rebuilding homes for elderly, low Income and disabled D/V pmah.org

SERVING BILOXI

Midwest Help Array of supplies as needed and rebuilding D/V midwesthelp.org

Back Bay Mission(I) Offers many services to low income families D/V backbaymission.com

Urban Life Ministries(I) Cleanup and rebuilding homes D/V ulmrelief.com

Coastal Medical Clinic provides low cost or in some cases free medical care

SERVING PASCAGOULA, OCEAN SPRINGS AND BILOXI

Christusvictor(L) Cleanup, repair and rebuilding homes D/V christusvictordisasterresponse.org

SERVING PASS CHRISTIAN

God’s Katrina Kitchen(I) Cleanup, rebuilding, meals, nightly services D/V godskatrinakitchen.org

SERVING BAY ST. LOUIS

City Team(I) Distribution Center and rebuilding homes D/V cityteam.org

Disaster Corps(I) Cleanup, repair and rebuilding homes D/V disastercorps.org

SERVING HANCOCK AND HARRISON COUNTIES

Camp Coast Care(LE) Medical clinic and variety of services D/V campcoastcare.com

Q: If I get a check from my insurance company for the damage to my property, do I have to send the check to the mortgage company?
A: Not necessarily. In fact, I recommend you look at your Deed of Trust very carefully. You can get your deed of trust several ways. First, try contacting the lawyer that closed the loan on your home to get a copy. If you are not successful here, then contact your bank and ask for a copy.

If this does not work, call the Chancery Clerk for the County in which you live to get a copy. Please ask for land records when you call. They will want your exact address. Please tell them that you want a copy of your Deed of Trust and would like to pick it up if they can make a copy for you. The numbers for the Chancery Clerk are:

Hancock County: 228-467-5404

Harrison County: 228-865-4094

Jackson County: 228-696-6264. Please note that this number is a temporary number since the main courthouse was damaged due to the storm so the clerk's office is temporarily at the Jackson County fairgrounds off of Shortcut Road.

Please note that your rights and the mortgage company's rights are set out in the Deed of Trust. Some mortgage companies may try to require you to do things which are not within this document. You are not required to do it.

If you get a copy of your Deed of Trust and you read it and still do not understand what to do, please call me as I will personally help you through it for free. I will also be happy to give you some tips on negotiating with the mortgage company because I know if you get a check, you cannot wait on the mortgage company to get your house repaired.

If you do not want to call me and want to speak to another lawyer for free, please see our other questions about free legal help and our "resources" link which is located on the home page for other helpful websites.

Q: Is there any free legal help available for questions?
A: Yes. Certainly, I will be glad to help in any way that I can so feel free to give me a call with your questions.

Otherwise, you can call the Mississippi Bar Association's Hurricane Katrina Assistance number at: 1-866-255-4495. This is a free call. Please note that this is staffed by lawyers who have donated their time for free to help with any number of questions, including landlord-tenant disputes, etc.

You can also visit a lawyer in person for free at any MEMA Disaster Center for free legal help.

The American Bar Association has also coordinated lawyers volunteering their services for Hurricane Katrina victims for free. Please visit www.abanet.org/katrina or go to our "resources" link which is located on the bottom left of the "home" page for other websites to help you. The "resources" link is also at the very top of the "home" page as well.

Q: I want to volunteer to help Hurricane Katrina Victims. How can I help?
A: Great! We need all the help we can get. You can contact the
Mississippi Commission for Volunteer Services at 1-866-230-8903. Please also visit our "resources" page on how to help specific areas of the Mississippi Gulf Coast.

Q: Are you filing the Hurricane Law Suits as "class action" law suits?
A: No. The reason we are not filing the law suits as class actions as we believe such law suits are not fair to our clients. The reason we believe that they are unfair is due to the fact that the client may end up with pennies on the dollar once a class action law suit is concluded.

Q: What is your fee for representing us for our Hurricane Katrina Insurance claim?
A: The fee will depend on the services rendered. It will be a contingency fee so we will not charge you anything unless we win. If we have to file a law suit, we will consult with you first and get your permission to do so. We will consult with you directly about the process so you are fully aware of your options. If we do not win the law suit, we will not charge you anything.

Q: My mortgage company did not require me to purchase flood insurance. Is there any chance I can recover?
A: Yes. We are finding that many flood certificates were false which misled you into thinking you were not in a flood zone but in reality you were and flood insurance should have been required. What we mean by this is that the engineer never actually determined the location of your home on a flood map. As a result, you may not have been required by the mortgage company to have flood insurance at the loan closing on your property.

Q: Why should we hire you for our Hurricane Katrina Insurance claim?
A: Several reasons. The first is experience. Ask your lawyer how many jury trials, he or she has actually tried to a successful jury verdict where he or she was the actual lead counsel.

The next is client contact. You will not be put off on a paralegal or my legal secretary. You hired me and I will speak with you personally every time you call. If I miss your call, I will return it the same day or within 24 hours.

In addition, if you call my office, please notice that your calls are not "screened." Have you noticed when you call other attorneys that their receptionist always asks the following question: "May I ask who is calling?"

At our offices, we never ask that question. Instead, all that is asked is if you are a client. If you are, you are put right through to me. We challenge you to try and hire any other attorney who provides this service. We are unaware of anyone who does this. We do it as a service to our clients and in the hopes of providing you with better representation.

Q: Why do insurance companies in Mississippi think they can get away with denying a large portion of Hurricane Katrina claims?
A: At our offices, we are asked this question all the time. Please note that insurance companies in Mississippi believe they can get away with denying a large portion of Hurricane Katrina claims because we keep electing people who vote in favor of them. The Mississippi Legislature is full of legislators who routinely vote in favor of insurance companies on every issue. As many of us know, elections are coming up in Mississippi and we really should pay attention to who we vote for in these elections.

Please feel free to call our offices and we will gladly tell you which people running for office support insurance companies without realizing that the insurance companies should be fair to policy holders.

Q: Was Nationwide really on your side? Were you really in good hands with Allstate? Was State Farm really a good neighbor?
A: We have received many telephone calls regarding the wrongful denial of insurance claims. We find this conduct by the insurance companies reprehensible. We intend to make sure that Mississippi residents who have had their insurance claim wrongfully denied get justice.

Q: Should I speak with my insurance company before I speak with an attorney?
A: No! Absolutely not. The insurance company is definitely not on your side. As we say here at our offices, Nationwide is on your side. . . UNTIL you file a claim. You are in good hands with Allstate. . .UNTIL you file a claim. State Farm is a good neighbor. . .UNTIL you file a claim.

Please call our offices first. We will answer any hurricane insurance question FOR FREE. If you do not want to talk with us, you can talk to literally dozens of lawyers around the State and even the country for FREE. Please see our other frequently asked questions for the telephone numbers for free legal help.

Please also click on the "resources" link on the "home" page for a long list of websites and telephone numbers where you can get free legal help and other help. The resources link is towards the bottom left of the "home" page and at the top of the "home" page.

Q: If I have purchased Hurricane Insurance from my Insurance Agent, am I covered for the damage?
A: Not necessarily. What the Insurance Companies have once again misled us all is that they have you purchase Hurricane Insurance and make us believe we are covered. This is not necessarily the case.

Again, please call us before you talk with them.

Q: If my house was totally blown away, am I covered?
A: Not necessarily. The Insurance Companies have routinely been denying claims where the house has been blown away. They will claim it was caused by a flood. Yet, unless they are God or had a video camera on your house, how would they know?

Q: If I had flood insurance, am I covered?
A: Not necessarily. The insurance companies are routinely denying claims for this. The flood insurance adjustor blames the wind damage. The windstorm adjustor blames the flood. Guess who gets nothing? You.

Q: Do you charge anything if we ask you a question about whether our Insurance Company will pay us?
A: No. We answer all Hurricane coverage questions for free. There is no charge to you.

Q: If we hire you to represent us, do we have to pay you anything?
A: No. We charge nothing unless we win your case. If we win, we get paid from the settlement from the insurance company.

Divorce & Family Law

Q: Does Jay Foster handle divorce or child custody cases?
A: No. We no longer handle Mississippi divorces or child custody cases but we would be happy to refer you to a someone who does. Of course, our website is filled with information regarding divorces in Mississippi and child custody matters in Mississippi.

Q: If I am getting a divorce in Mississippi and I will have primary physical custody of the children, how much is my spouse required to pay for child support?
A: If you are getting a divorce in Mississippi, your spouse is required by law to pay child support for each child. Please note that the amount can vary so this is not an exact answer for everyone in Mississippi. Instead, it is just a guideline.

Section 43-19-101 of the Mississippi Code provides the guidelines for child support. If you have 1 child, it recommends that 14% of the adjusted gross income be awarded. If 2 children, 20% and so forth. Child support can depend upon a number of different variables so we highly recommend you contact either us or another experienced divorce attorney to provide the facts for your case.

Q: Does Mississippi law require that my spouse pay alimony to me if we get a divorce?
A: No. If you are getting a divorce in Mississippi, you may or may not receive alimony.

Alimony depends upon a number of different factors which includes, but is not limited to, the following factors: health of the husband and his earning capacity, health of the wife and her earning capacity, entire sources of income of both parties, reasonable neds of the wife/husband, reasonable needs of the children, necessary living expenses of the wife/husband, estimated amount of income taxes the wife/husband must pay on their incomes, fact that the wife may be awarded the free use of the home, furnishings, and automobile.

As we can see, alimony is a very complex situation and involves a number of different factors. We recommend that you contact us so we can refer you to an experienced Mississippi divorce attorney so that they can determine this for you.

Q: If I am getting a divorce in Mississippi, how does the Judge determine who gets primary physical custody of the children?
A: Assuming that you are getting a contested divorce in Mississippi (in other words, you and your spouse do not agree) then a number of different factors are used by the Judge to determine who gets the children. These factors include, but are not limited to, the following: age of the child, health and sex of the child, which parent had continuing care of the child prior to the separation, which parent has the best parenting skills, which parent has the willingness and capacity to provide primary child care, employment responsibilities of the parents, physical and mental health and age of the parents, emotion ties of parent and child, moral fitness of parents, home, school, and community record of the child, preference of the child at an age sufficient by law to express such a preference, stability of the home environment and employment of each parent.

As we can see, in Mississippi, determining who gets primary physical custody of the children in a divorce is very complicated. While we no longer handle divorce cases, we can recommend another experienced Mississippi divorce attorney to discuss your situation.

Miscellaneous

Q: Have there been abuses in our civil justice system?
A: Certainly. There have been abuses in our civil justice system. This is why at Jay Foster's Office, he strives to "screen out" the cases which do not have merit. In fact, Jay Foster does not accept cases which do not have merit as this type of case is pointless. Jay believes that cases which have merit are the cases in which someone should receive compensation. Meritless cases do not deserve compensation. It is that simple and we should expect no less from our civil justice system.

As a result, when Jay Foster takes a personal injury case, you can rest assured that the case has merit and the person deserves compensation. Otherwise, the Mississippi Car Wreck or Personal Injury Case will not be handled by Jay Foster's Office. In fact, we will not file ANY law suit or handle ANY meritless case. When we take a case to trial, it will have merit and the injured party will deserve compensation. The public, the jury, and our clients expect and deserve no less.

Q: Are Insurance Companies losing money when a jury awards someone who is injured money?
A: No. This is one of largest misconceptions there is. Insurance companies love to put this type of misleading information out there so that people will be biased when they serve on a jury. As a result of their bias, they then may award low amounts even though a person was injured from the accident. Let us provide an example. Prior to Hurricane Katrina, Senator Trent Lott routinely voted in favor of insurance companies on virtually every bill that came in front of him. Now, since the shoe is on the other foot, he has discovered that insurance companies are not so nice. It is too bad it took this long for him to discover it. The point is, it is easy to say we should not award any money to someone who is not injured. . .until it happens to us.

One other example. There was a local prominent citizen in Mississippi who was very much in favor of limiting the amount a jury could award. . .until, his son was killed in an accident. As a result of the unfortunate and absolutely tragic and horrible death, he sued for millions of dollars. At our offices, we cannot grasp how difficult it must have been to go through what happened in that situation and our thoughts and prayers go out to him. We can only hope that through time and prayer that the wounds from that tragedy will heal.

Q: What are your legal fees for a Mississippi personal injury case or a Mississippi Worker's Compensation case?
A: For our Mississippi clients who are injured in either a Missisippi Car Wreck or our Mississippi Worker's Compensation clients, we do not charge you anything unless we make a recovery for you. In other words, our services are free until we obtain a settlement for you. This enables our Mississippi injury clients to get the legal representation they need without having to pay for it up front. When someone is severely injured in a car wreck and unable to work, it would be virtually impossible for the injured person to pay all their other bills plus pay their lawyer.

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Jay Foster Law
1019 Legion Lane
Ocean Springs, MS 39564

Phone: (228) 872-6000

Biloxi (228)435-3000
Hattiesburg (601)583-5000

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