Have you been involved in a Premises Liability injury?

Premises liability law covers claims that result where an injury was caused by some type of unsafe or defective condition on someone's property. They can take place at private residences, commercial property or commercial buildings. Some of the more common places where there are cases involving premises liability are in casinos and large retail stores including grocery, discount and malls due to the large volume of people that enter their places of business.

If you have sustained a personal injury due to the property owner’s negligence or recklessness, you may be able to get compensation for your injuries. This may include compensation for your medical bills, lost wages and loss of earning capacity. If a loved one has died due to premise liability you may be able to file a wrongful death claim.

Among the top reasons people file premises liability claims are:

• Falling Object
• Trip and falls
• Slip and fall either inside or outside of the building
• Fires
• Dog Bites
• Inadequate fencing of swimming pools
• Failed maintenance – loose guardrails, collapsed ceiling, hole in the floor, dangerous sidewalks or other hazardous conditions.
• Crime committed on the business owner’s property against the employee or customer 

The insurance company for the property where the accident occurred may try to quickly contact anyone injured as a result of the accident and attempt to settle any claims before the injured person has consulted an attorney. If you or a loved one are involved in a premises liability or other accident we strongly recommend that you do not talk to the insurance company for the property owner before you consult with a knowledgeable personal injury attorney.

Depend on Hopkins, Barvié & Hopkins, P.L.L.C. to quickly and thoroughly investigate your claim and move your case toward a successful resolution, be it through a favorable settlement or verdict. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced premises liability attorney today.

With more than 68 years of combined legal experience, our team at Hopkins, Barvié & Hopkins, P.L.L.C. offer clients throughout Mississippi the representation they need.  To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

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

18 Wheeler Accidents Are Far More Dangerous

18-wheeler trucks are far more dangerous than smaller vehicles on the road. Drivers of commuter vehicles who are involved in an accident with heavy trucks are likely to suffer severe, debilitating injuries, including spinal cord, brain or death. The devastation that you can experience as a result of being involved in an 18-wheeler accident can be immense. It is important to be aware of the most common cause of 18-wheeler accident in order to have the best chance at avoiding becoming involved in a dangerous situation. 

According to the Federal Motor Carrier Safety Administration, some of the most common factors are:

•     Speeding
•     Distracted Driving
•     Drunk Driving
•     Traveling too fast for the road conditions
•     Unfamiliarity with roadway
•     Truck Driver Fatigue

Many of those factors are attributed to negligent and unsafe behavior on the part of the driver, the trucking company, the manufacturer of the trucks or their parts, and/or the party responsible for maintaining the truck.  Unfortunately there is little that you can to do to avoid a reckless or careless truck driver. 

The Federal Motor Carrier Safety Administration (FMCSA) established the Federal Motor Carrier Safety Regulations (FMCSR) which governs interstate trucking operations.  The primary mission of the FMCSA is to prevent commercial motor vehicle related injuries and fatalities. For more information regarding the FMCSA please visit their website at http://www.fmcsa.dot.gov/

The FMCSR has extensive regulations regarding the following areas; more are listed on their website:

• Driver fatigue
• Operation of trucks
• Equipment standards
• Maintenance standards
• Minimum insurance requirements for commercial motor vehicles

Hopkins, Barvié & Hopkins, P.L.L.C. attorneys have a comprehensive understanding of the above regulations and are prepared to fight the insurance company’s well experienced and aggressive lawyers regarding 18-wheeler accidents. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced 18-wheeler accident lawyer.

Our team at Hopkins, Barvié & Hopkins, P.L.L.C  handles all types of motor vehicle accidents including motorcycle accidents, boating accident, truck accidents and auto accidents. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

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

 

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

Distracted Driving is Deadly Serious

This month our blog is on the subject of distracted driving. We have blogged on this subject several times as we cannot stress enough the importance of driving safely without distractions.
 

Simply put do not engage in other activities while driving. This can be talking to a passenger, grooming, texting, cell phone calls, eating or drinking, reading, watching videos or adjusting a radio. Any activity that diverts your attention away from driving is a distraction and can increase your chance of a motor vehicle accident.

There are three main groups of distractions, which are manual, visual or cognitive.

Manual distraction involved taking your hands off the wheel, visual distraction is taking your eyes off the road and cognitive distraction is when the driver’s mind wanders and is not on the act of driving.

Distracted driving is deadly serious! Our younger drivers are at the greatest risk for accidents causes by distracted driving. The following are some statistics taken from distraction.gov:

·    10% of drivers of all ages under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.

·    Drivers in their 20s make up 27 percent of the distracted drivers in fatal crashes. (NHTSA)

·    A quarter of teens respond to a text message once or more every time they drive. 20 percent of teens and 10 percent of parents admit that they have extended multi-message text conversations while driving.(UMTRI)

 

According to National Highway Traffic Safety Administration, Facts and Statistics each day in the United States, more than 9 people are killed and more than 1,153 people are injured in crashes that are reported to involve a distracted driver.

We urge you to drive safely and to avoid distractions. If you have to make a phone call, stop in a parking lot or other protected area.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

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

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

Bad Faith and Insurance Disputes

Are you frustrated with you insurance company over a claim dispute? Have you filed a claim and now your relationship has become adversarial? If you have been treated unfairly you may be a victim of bad faith.

Bad Faith is generally used as a legal term regarding a cause of action against an insurance company that has denied the payment of a properly submitted insurance claim for no debatable reason. If you are insured by an insurance company they owe you a duty of fair dealing and good faith.

At Hopkins, Barvié & Hopkins, we have experience handling all types of bad faith insurance claims, which may include the following:

• Refusing to pay for property damage claiming your coverage expired or that the damage is not covered by your policy;
• For medical treatment including denying coverage for a pre-existing condition;
• For storm damage, including  fire and hurricane claims;
• Delaying investigation or payment of a claim;
• Paying only partial benefits for a claim;
• The insurance company denying a life insurance policy. 

We have working knowledge of the issues insured's face with the following:  

• Accidental Death Insurance
• Cancer Insurance
• Car Insurance Claims
• Disability Insurance Claims
• Health Insurance Claims
• Homeowner’s Insurance Claims
• Life Insurance Claims
• Worker’s Compensation Claims 

If you have been a victim of an insurance company contact us today for a free no-obligation legal consultation. Our team at Hopkins, Barvié & Hopkins, P.L.L.C  handles all types of bad faith claims. With more than 68 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 auto accident lawyer. 

 

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

 

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

Automobile Accidents

As Gulfport accident attorneys we hear daily about automobile accidents along the Mississippi Gulf Coast. The worst scenarios are those involving the loss of a human live or injuries that result in lengthy hospitalization and rehabilitation.

The statistics involving automobile accidents are alarming. Findings from the Insurance Research Council's (IRC) Auto Injury Insurance Claims Study show that medical expenses that were reported by auto injury claimants continue to increase faster than the rate of inflation, in spite of the fact that the severity of the injuries themselves remain on a downward trend. 

Many automobile accident results from errors that can produce life chancing consequences not only for those involved but also their families and dependents. The cause of automobile accidents varies depending on the person, weather conditions and time of the accident. There are many causes of automobile accidents and we have listed several below:

• Alcohol Related
• Speeding
• Red Light Running
• Fatigue
• Tailgating
• Distracted Driving

In some cases an automobile accident can be caused by multiple issues such as speeding and alcohol related.

In addition to being traumatized by an automobile accident, many people are frustrated by the delays and denials by insurance companies. Whether it is keeping your claim moving through the insurance maze or assisting you to get the compensation you deserve Hopkins, Barvié & Hopkins, P.L.L.C  has the necessary resources and experience to effectively assist you with your automobile accident. We will discuss your situation in detail and go over the various options that are available to you. We will work with insurance companies and other parties involved to make sure that all your needs are handled quickly and appropriately.

If you or a loved one has suffered a vehicle injury you need to hire an experienced automobile accident attorney who can help make sure you receive the compensation you deserve. Our team at Hopkins, Barvié & Hopkins, P.L.L.C  handles all types of motor vehicle accidents including motorcycle accidents, boating accident, truck accidents and automobile accidents. With more than 68 years of combined legal experience, we are dedicated to helping victims throughout that state of Mississippi with the representation they need.

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

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

 

April is National Distracted Driving Awareness Month

We have all read or heard the recent stories regarding distracted drivers. A couple examples are:

School Bus Driver was distracted prior to Wethersfield CT crash on April 2, 2015 when she rear ended a jeep. This crash sent nine (9) people to the hospital.

Hartford CT police hand out close to 100 tickets during the first leg of a month long, state wide effort to prevent distracted driving. The campaign is entitled, “U DRIVE. U TEST. U PAY.”

Keep in mind that ANY activity that can divert your attention away from the task of driving is considered distracted driving. This includes but is not limited to anything that involves using your cell phone; Eating or drinking; Engaging with passengers, children or pets; Applying make-up or shaving; or reading a map. If you need to do any of these pull your vehicle over and handle them safely.

If you are one of the eighty percent of American drivers that believe hands free devices are safer than using a handheld phone the National Safety Council (NSC) states that is not the case. More than 30 studies have shown hands free devices are no safer because the brain remains distracted by conversation. The NSC stated that when talking on a cell phone, drivers can miss seeing up to half of what’s around them, such as stop signs, traffic lights and pedestrians.

So put down your cell phone, do not text and drive, stop eating that sandwich when driving and keep your hands on the steering wheel and eyes on the road. Take the pledge to drive cell free.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits and to speak out if the driver in your vehicle is distracted. And remember that Mississippi House Bill 389 becomes effective July 1, 2015 which prohibits drivers from typing, sending or reading text messages, emails or social media messages.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

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

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

                                                          

Social Security Disability Insurance (SSDI)

A medical, psychological, or psychiatric impairment often leaves an individual incapable of working and earning a living. If you are unable to work and will remain unable to work for a continuous period of not less than 12 (twelve) months Social Security Disability Insurance (SSDI) provides benefits to disabled workers, their spouse and children. To be considered disabled for claiming SSDI you must have a condition that prevents you from earning a certain monthly income as a full-time worker, which is currently $1,090 before taxes. SSDI is designed for people who have worked and paid taxed into the Social Security system for years prior to becoming disabled. The number of years you are required to pay into the Social Security system varies by age.

Disability benefits in Mississippi are provided through a federal program administered by the Social Security Administration. Social Security uses both medical disability criteria and non-medical criteria to determine whether you qualify for Social Security Disability. You must be able to prove that you are medically disabled. The Mississippi Disability Determination Services (DDS) is the office the makes the decisions on whether or not a Mississippian is disabled based on his or her medical record. The Office of Disability Adjudication and Review (ODAR) is the office that handles all disability appeals.

It is not uncommon for SSDI benefits to be denied at the initial claim. Your next step would be to  file an appeal. We strongly suggest that all your medical information is in your file as many claims are denied because the medical record lacks adequate documentation that establishes the severity of your disability. If you have been denied do not give up. You should appeal as soon as possible as the sooner Social Security schedules a hearing the better chance for winning your claim and continuing with the process for your SSDI benefits.

 

For experienced assistance with the SSDI benefit application, denial, termination or the appeals process contact our team at Hopkins, Barvie & Hopkins. We can guide your case through the SSDI process and assist you in receiving the SSDI benefits you deserve.

Call us for today for a free initial consultation at 228.864.2200 or email us online via our website at www.hopkins-law.com. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

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

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

                                                         

 

 

 

When you have been injured on the job call us BEFORE the problems start

Worker’s compensation exists in all states to protect workers who become hurt on the job or contact an illness as a result of their job. It is a state mandated insurance program and each state has their own laws and programs for it. A worker is covered and eligible for benefits as soon as they begin employment. Occupational illness and diseases are covered if job related as are work related deaths.

You have the right to compensation for lost wages and medical expenses regardless of who was at fault be it employer, employee, coworker, customer or third party. If the injury results in death the payment of benefits is to the surviving spouse and dependents and may continue for up to 450 weeks after the decedent’s death. The employer or its insurance carrier is obligated to pay up to $2,000 in funeral expenses and an immediate lump sum of $250 to the surviving spouse.

If you have been injured you should seek medical treatment as soon as possible. There is no deductible to be paid by the worker for any of the benefits received under workers compensation.

You should notify and report your injury as soon as possible to your employer or supervisor. It does not matter how insignificant you believe your injury to be - always report it. You should also provide a list of witnesses if the injury was due to a specific workplace accident. It should include the date, time, how the injury occurred and where the injury happened. Remember to keep copies of all documents for your records.

In some cases your workplace injuries can be moderate to severe and your doctor and you believe your health will not return to the condition it was prior to your injury, you may be entitled to a “permanent partial disability” award.

You are entitled to obtain an attorney regardless of the circumstances of your worker’s compensation claim. If you believe you are not receiving full compensation let us help you. Or if you would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state's workers' compensation division regarding your workers’ compensation claim give us a call.

If you suffered a workplace injury or contacted an illness on the job, contact a worker’s compensation attorney at Hopkins, Barvié & Hopkins, who can help you make sure you receive the benefits you need and will represent your interests.

Call us for a free initial consultation at 228.864.2200 or email us online via our website at www.hopkins-law.com. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

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

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