INSURANCE BAD FAITH

Bad faith is when an insurance company has illegally denied or delayed paying a valid claim. Doing so can have consequences for you and your loved one. Insurers have a duty to act in good faith toward their policyholders; failure to do so can be considered bad faith. If this happens, you may be eligible to file a lawsuit against your insurance company. In cases where the insurance company's conduct is beyond unreasonable, punitive damages may be awarded. 

Bad faith can occur with automobile insurance coverage for collision, comprehensive losses, medical payments, homeowner’s coverage, commercial insurance and mishandling liability insurance claims. If a claim is denied, the insurer must explain to the insured the reason for the denial and the policy provision supporting that denial. There are numerous additional ways that an insurance company may act in bad faith to deny legitimate claims. The following are types of conduct with may be bad faith:

·         Repeatedly lost or misplaced paperwork/documents, requiring you to fill out the same paperwork over and over;

·         Ignored information for your doctor indicating you have a valid medical problem;

·         Delaying payment of a claim, which puts you in position of having to cover expenses while waiting for the claim to be paid;

·         Paying only partial benefits for a claim;

·         Offering an amount below what the claimant is entitled to;

·         Using a policyholder's previous claims as grounds to deny a new claim;

·         Misrepresenting important facts or insurance policy provisions as they relate to coverage;

·         Misuse of claimants' medical records;

·         Canceling a policy after a claim is made; and

·         Ignoring an expert’s opinion in cases where that opinion would result in a claim being paid out (such as finding that a death was suicide when a medical examiner has ruled it accidental);

If a claim is denied, the insurer must explain to the insured the reason for the denial and the policy provision supporting that denial

If you have to file an insurance claim for any reason, chances are you already have suffered enough. We work to help you make sure you do not suffer again at the hands of your insurance company. Call Hopkins, Barvié & Hopkins, P.L.L.C. if you have been denied a legitimate insurance claim, and we will evaluate your claim at no cost or obligation. With more than 65 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

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Thanksgiving week one of deadliest for auto accidents

You are not alone, if you are planning on traveling at some point during Thanksgiving week. According to AAA, nearly 40 million people plan to drive 50 or more miles from their home in order to celebrate the Thanksgiving holiday. Unfortunately, the Thanksgiving holiday is traditionally the most deadly time of the year, with a significant increase in car accidents, injuries and fatalities throughout the country.

The statistics alone are staggering. In 2010, 431 people were killed in car accidents on Thanksgiving Day alone. During Thanksgiving week from 2005 to 2010, there was an average of 798 traffic fatalities nationwide, which are about 50 more deaths than on any other week of the year. In 2011, accidents on interstate freeways increased by 25 percent from the previous year.

There are many different causes for the increase in crash deaths during the Thanksgiving holiday weekend. Perhaps the most significant is relatively simple: when there are more vehicles on the road, there are more opportunities for them to collide with one another.

"Whenever traffic volume goes up, crashes generally go up as well," says Allen Parrish, director of the University of Alabama Center for Advanced Public Safety. "This isn't really rocket science here: You have a lot of people on the roads over Thanksgiving, so the crashes are naturally going to get worse."

Drunk driving is another common cause of Thanksgiving accidents, as many families include wine or beer with their holiday meals. Also, people who are late to Thanksgiving celebrations or who are driving to unfamiliar locations are more prone to speeding and distraction behind the wheel.

Whatever you are doing to mark the Thanksgiving holiday, we hope that you and your loved ones remain safe and happy throughout the weekend.

Source: USA Today, "Thanksgiving week one of deadliest on the highway," Larry Copeland, Nov. 18, 2012

If you suffered a vehicle injury and need to hire an experienced auto accident attorney who can help make sure you receive the benefits you need call Hopkins, Barvié & Hopkins, P.L.L.C. With more than 65 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

Or, email us, like us on facebook or follow us on Linkedin. Just click below.

Head Injuries

Most of us know that minor head injury and knocks to the head are common, particularly in children. Following a head injury, if the person is conscious (awake), and there is no deep cut or severe head damage, it is unusual for there to be any damage to the brain.

Sometimes a head injury can cause damage to the brain or to a blood vessel next to the brain. A damaged blood vessel may bleed into the brain, or more commonly, into the area between the brain and the skull. Symptoms of damage or bleeding may not develop for several hours, or even days, after a knock to the head. In rare cases, symptoms from a slow bleed can develop even weeks after a head injury.

If the following symptoms occur after a head injury you should see a doctor as soon as possible:

• Drowsiness when you would normally be wide awake;
• Worsening headache - which does not go away with a mild analgesic or ibuprofen;
• Confusion, strange behavior, any problems understanding or speaking;
• Vomiting;
• Loss of use of part of the body - for example, weakness in a leg or arm;
• Dizziness, loss of balance and/or walking strangely;
• Convulsions or collapse followed by feeling strange afterwards;
• Visual problems, such as blurring of vision or double vision;
• Blood or clear fluid leaking from the nose or ear;
• New deafness in one or both ears; and
• Unusual breathing patterns.

Other symptoms that may occur

Some people develop some mild symptoms after a head injury that are not serious and usually go away within two weeks. These can include a mild headache, feeling slightly sick (without vomiting), being irritable and grumpy, tiredness, poor appetite and some difficulty concentrating. These may develop just as a reaction to a knock on the head and not due to bleeding or serious injury. If you have any doubt about a symptom following a head injury then it is best to have it checked by a doctor as soon as possible. If you have not completely recovered after two week you should see a doctor.

Some tips and general advice

• If at all possible, do not stay at home alone for the first 48 hours after being assessed for a head injury;
• Stay within easy reach of a telephone and medical help for the following few days;
• Do not take any alcohol or drugs for the following few days;
• Do not take sleeping tablets or sedatives unless prescribed by a doctor;
• Discuss with your doctor about playing contact sports such as football and it is often advised that you should not play contact sports for three weeks following a head injury; and
• You should not drive a motor vehicle, ride a motorbike or bicycle, or operate machinery until you feel completely recovered.

At Hopkins, Barvié & Hopkins, P.L.L.C. we handle head injury claims involving workers’ compensation and Social Security Disability. We handle serious injury claims arising from car accidents, truck accidents, construction accidents and more. To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

WORKPLACE INJURIES

Statistics tell us that serious workplace injuries are far too common. The Workers Compensation Fund is seeing a slight increase in the number of workplace injury claims in 2013, but the real concern is the severity of claims and the number of fatalities. As of the end of August, WCF saw a three percent increase in claims count, but had received 14 fatality claims compared to seven in 2012.

Out of the 10 most common injuries on the job, the majority are those random incidents that can happen to anyone and at any time. Listed below are the top 10 reported worker's compensation injuries as listed by top insurance companies around the country:

1.      Overexertion Injuries - This includes injuries related to pulling, lifting, pushing, holding, carrying and throwing activities at work. Overexertion has not only consistently been the number one workplace injury but is also the most expensive

2.      Slipping/Tripping – This pertains to falls on wet and slippery floors or trips over something lying on the floor.

3.      Falling from Heights - This type of fall happens from an elevated area such as roofs, ladders and stairways.  They can be caused by slip and fall accidents or due to faulty equipment. 

4.      Reaction Injuries - These are injuries caused by slipping and tripping without falling.  These incidents can cause muscle injuries, body trauma and a variety of other medical issues.

5.      Falling Object Injuries - Objects that fall from shelves or dropped by another person can cause very serious injuries.

6.      Walking Into Injuries - This happens when a person accidentally runs into concrete objects such as walls, doors, cabinets, glass windows, table, chairs etc.

7.      Vehicle Accidents – Employees who drive for business purposes are often injured in auto accidents, some of which can be fatal. 

8.      Machine Entanglement - This type of injury usually occurs in a factory where heavy equipment and machinery are used.

9.      Repetitive Motion Injuries - This type of workplace injury is one of those less obvious but definitely harmful ones in the long run.

10.  On the Job Violent Acts - Attacks caused by office politics and other arguments have led to serious physical injuries.

If you or a loved one is involved in a work place injury it is important to seek legal advice from an experienced personal injury attorney. At Hopkins, Barvié & Hopkins, P.L.L.C. our personal injury lawyers have more than 66 years of combined legal experience and our attorneys offer our clients the representation they need. In the event of a fatal accident we work with the surviving family members to develop a wrongful death claim.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

FDA Warning

The U.S. Food and Drug Administration released a Safety Announcement August 1, 2013 regarding the rare but serious skin reactions with pain reliever / fever reducer acetaminophen.

Safety Announcement released by the FDA stated:

[8-1-2013] The U.S. Food and Drug Administration (FDA) is informing the public that acetaminophen has been associated with a risk of rare but serious skin reactions.  These skin reactions, known as Stevens-Johnson Syndrome (SJS), toxic epidermal necrolysis (TEN), and acute generalized exanthematous pustulosis (AGEP), can be fatal.  Acetaminophen is a common active ingredient to treat pain and reduce fever; it is included in many prescription and over-the-counter (OTC) products. 
Reddening of the skin, rash, blisters, and detachment of the upper surface of the skin can occur with the use of drug products that contain acetaminophen.  These reactions can occur with first-time use of acetaminophen or at any time while it is being taken.  Other drugs used to treat fever and pain/body aches (e.g., non-steroidal anti-inflammatory drugs, or NSAIDS, such as ibuprofen and naproxen) also carry the risk of causing serious skin reactions, which is already described in the warnings section of their drug labels.
Anyone who develops a skin rash or reaction while using acetaminophen or any other pain reliever/fever reducer should stop the drug and seek medical attention right away.  Anyone who has experienced a serious skin reaction with acetaminophen should not take the drug again and should contact their health care professional to discuss alternative pain relievers/fever reducers.
Health care professionals should be aware of this rare risk and consider acetaminophen, along with other drugs already known to have such an association, when assessing patients with potentially drug-induced skin reactions.
This new information resulted from the Agency’s review of the FDA Adverse Event Reporting System (FAERS) database and the medical literature^1-20 to evaluate cases of serious skin reactions associated with acetaminophen (see Data Summary).  It is difficult to determine how frequently serious skin reactions occur with acetaminophen, due to the widespread use of the drug, differences in usage among individuals (e.g., occasional vs. long-term use), and the long period of time that the drug has been on the market; however it is likely that these events (i.e., SJS, TEN, and AGEP) occur rarely.
FDA will require that a warning be added to the labels of prescription drug products containing acetaminophen to address the risk of serious skin reactions.  FDA will also request that manufacturers add a warning about serious skin reactions to the product labels of OTC acetaminophen drug products marketed under a new drug application and will encourage manufacturers of drug products marketed under the OTC monograph do the same.

If you or a loved one has been adversely affected by this or any other prescription or over the counter product call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

Grilling Safety Tips

Living along the Gulf Coast we can enjoy grilling with family and friends year round. To help keep your family and friends safe while grilling, the Mississippi State Fire Marshal’s Office, recommends these Grilling Safety Tips:

·         The grill should be placed well away from the home, deck railings and out from under eaves and overhanging branches.

·         Propane and charcoal BBQ grills should only be used outdoors.

·         Keep children and pets away from the grill area.

·         Keep your grill clean by removing grease or fat buildup from the grills and in trays below the grill.

·         Never leave your grill unattended.

When using Charcoal remember to:

·         There are several ways to get the charcoal ready to use. Charcoal chimney starters allow you to start the charcoal using newspaper as a fuel.

·         If you use a starter fluid, use only charcoal starter fluid. Never add charcoal fluid or any other flammable liquids to the fire.

·         Keep charcoal fluid out of the reach of children and away from heat sources.

·         There are also electric charcoal starters, which do not use fire. Be sure to use an extension cord for outdoor use.

·         When you are finished grilling, let the coals completely cool before disposing in a metal container.

 Check the gas tank hose for leaks before using it for the first time each year.

·  Apply a light soap and water solution to the hose. A propane leak will release bubbles. If your grill has a gas leak, and there is no flame, turn off the gas tank and grill.

·  If the leak stops, get the grill serviced by a professional before using it again. If the leak does not stop, call the fire department.

·   If you smell gas while cooking, immediately get away from the grill and call the fire department. Do not move the grill.

To learn more about the representation we offer Mississippi clients who have been injured in an auto accident, by a dangerous product or through a slip and fall,  contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

BOATING SAFETY TIPS

We hope you are all enjoying your summer and the many amenities the Gulf Coast has to offer. It is a great time to enjoy fishing and boating activities. Remember to follow your boating safety and wear your life jackets. Sadly, each year many people are injured and lives are lost because of preventable boating accidents.

This month’s blog we thought we would share with you a few safety tips regarding boating. For additional information you can go on line to the Boating Safety Resource Center at www.uscgboating.org/resources or other boating safety internet sites.

The following are a few safety tips:

·         Wear your life jacket.

·         Always check the weather before you go boating. Pay attention to the weather reports as unexpected weather can and does happen.

·         If you are an inexperienced boat operator take along someone with experience until you feel more comfortable handling a variety of boating situations.

·         Do not operate a boat and drink alcohol. It will slow down your reflexes and more importantly a BUI (Boating Under the Influence) is against the law.

·         Make sure you protect yourself and your passengers.

·         We recommend that you take a course in boating safety, which is also offered online.

If an accident would occur it is the responsibility of the boat operator to file a report to the state agency that covers boating, the US Coast Guard or both, depending on the situation. Remember not filing a report is a crime. In Mississippi if the accident occurs north of Interstate Highway 10 (I-10) you would file with MS Department of Wildlife, Fisheries & Parks. If the accident occurs south of Interstate Highway 10 (I-10) you would file with MS Department of Marine Resources.

As personal injury attorneys, Hopkins, Barvié & Hopkins, P.L.L.C.  can advise you on how to determine compensation for damages or losses. We strongly urge you to avoid making statements or signing anything related to an accident until after consulting with us. This helps to protect your legal rights.

If you or a loved one has been injured in a boating accident, call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

   

ACCIDENTS CAN AND DO HAPPEN

One wrong move can have major consequences at a construction site or other hazardous work site. Injured workers and the families of those who have been injured or killed may get some benefits from workers' compensation, but workers' compensation benefits may not be the only remedy available.

A few common causes of construction accidents include falls from heights, motor vehicle accidents, carbon monoxide poisoning due to faulty gas mechanisms, forklift accidents, electrocution, machinery accidents and injury due to falling objects. Others may be from negligence of other site workers, mistakes and negligence caused by those under the influence of alcohol or drugs, defective machinery, or inappropriate behavior of other site workers. Sadly in Mississippi we have the third-highest accidental death rate in the nation.

Accidents can and do happen no matter what the safety procedures in place are at a jobsite. Although you can file a workers' compensation claim on your own, there are cases which may benefit from the professional assistance of an attorney. Moreover, there are some instances in which you may have the right to file a personal injury suit instead of a workers' compensation claim.

If you or a loved one is in a construction accident a construction accident report must be filed immediately following the injury and then you should retain a lawyer. As both federal and state law may apply, Hopkins Barvie and Hopkins can assist you with this.

Many people do not realize that is Mississippi and many other states, an injured worker is barred from suing the employer for negligence. That means that if the worker or the employer is 100% at fault, remedies will be limited to workers' compensation benefits. However, if a third-party such as the employee of another supplier or contractor contributed to the accident, the injured party can file suit on a third-party claim.
The type of system in place at a construction site where an injury occurs is an important consideration in assessing the potential liability of those involved in the project. To determine who may be liable for injuries resulting from a construction accident, Hopkins Barvie and Hopkins will take a close look at the duties and legal responsibilities of individuals involved in the construction project.

Hopkins Barvie and Hopkins have the knowledge and expertise to help you. They will help you receive the compensation befitting your injuries. As soon as you've had an accident on a construction site, make sure to file the appropriate paperwork with your employer. Then contact Hopkins Barvie and Hopkins and you can rest assured that your case is being handled in the best way possible.

If you have been injured in a construction related accident, call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

 

TIPS FOR MANAGING SOME OF THE MOST COMMON DRIVER DISTRACTIONS

Mississippi is one of 11 states without a ban on text messaging for all drivers. However, the following laws are in effect:

•  Ban on all cell phone use (handheld and hands free) for bus drivers. (Primary law)
•  Ban on texting for bus drivers (Primary law)
•  Ban on texting for novice drivers (Primary law)
•  Preemption Law prohibits localities from enacting distracted driving bans

With this in mind we thought we would give you some tips for managing some of the most common driver distractions. They were taken from the Governors Highway Safety Association (GHSA).

1.   Turn it off. Turn your phone off or switch to silent mode before you get in the car.
2.  Spread the word. Set up a special message to tell callers that you are driving and you’ll get back to them as soon as possible, or sign up for a service that offers this.
3. Pull over. If you need to make a call, pull over to a safe area first.
4. Use your passengers. Ask a passenger to make the call for you.
5.  X the Text. Don’t ever text and drive, surf the web or read your email while driving. It is dangerous and against the law in most states.
6.  Know the law. Familiarize yourself with state and local laws before you get in the car. Some states and localities prohibit the use of hand held cell phones. GHSA offers a handy chart of state laws on its website: www.ghsa.org/html/stateinfo/laws/cellphone_laws.html.
7.  Prepare. Review maps and directions before you start to drive. If you need help when you are on the road, ask a passenger to help or pull over to a safe location to review the map/directions again.
8.  Secure your pets. Pets can be a big distraction in the car. Always secure your pets properly before you start to drive.
9.  Keep the kids safe. Pull over to a safe location to address situations with your children in the car.
10.  Focus on the task at hand. Refrain from smoking, eating, drinking, reading and any other activity that takes your mind and eyes off the road

It is important to seek immediate legal advice from an experienced personal injury attorney if you are involved in a car accident. At Hopkins, Barvié & Hopkins, P.L.L.C. our personal injury lawyers have more than 65 year of combined legal experience representing people injured in car accidents, including accidents caused by driver distraction. Our goal is to gather the evidence needed for a strong case on your behalf as soon as we can.  Persuasive evidence helps us pursue compensation for your injuries, pain and suffering and lost wages. In the event of a fatal accident we work with the surviving family members to develop a wrongful death claim.

Call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.
  

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer. Or, email us, like us on facebook or follow us on Linkedin. Just click below.