Did your Insurance Company Deny your Claim?

You made an insurance claim after your auto accident and then you received a letter stating that your claim was denied. Every situation is different but we have listed some common reason that insurers give for denying claims below:

The accident was avoidable

If you could have avoided the accident, or if you did something that led to or caused it, then you may have your insurance claim denied.

Policy Exclusions

Certain types of injuries are excluded from insurance polies and are often listed in fine print. There are cases where denials of coverage are based on a technicality that is briefly described in the policy.

There was no complaint or treatment at the time of the injury

If you claim that you got injured as a direct result of the car accident, it is imperative that you go and get treatment right away. Otherwise, the insurer may argue that the injuries did not happen as a result of the accident or that the injuries are not related to the accident. If you have proof that you went to the hospital immediately after the accident and your injuries were diagnosed then, you will have a much stronger case than if you wait. If you delay, this may make the insurer believe that the injuries are made up or exaggerated to try to get a payout. Most people who are genuinely hurt do get medical care immediately.

Limited of No Medical Records

If you do not have medical records that indicate you actually suffered an injury, then your claim is very likely to be denied since you cannot prove you will be entitled to any damages. With incomplete records they may also be denied.

Pre-existing condition

If you have a pre-existing condition, the insurance company may claim that the injury did not occur on the date of the alleged accident, but is attributable to some preexisting injury or health problem.

Options after Injury Coverage Denial

If you received a notice of denial, you need to talk to your insurance company as soon as possible to find out what went wrong with your claim and what you need to do to fix it. An insurance company owes the insured a duty to act in good faith. They may breach this duty by failing to investigate a claim, failing to negotiate a settlement or unwarranted denial of injury claims.

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 we will evaluate your claim at no cost or obligation. With more than 66 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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Head, Neck, and Back Injuries

Some of the most common personal injury cases are head, neck and back injuries. These cases can be difficult to prove and many insurance companies treat them with suspicion. They require attention to detail, medical knowledge and experience, which our attorneys at Hopkins, Barvie and Hopkins can provide for you. As your attorney we will fight to show how your injury has impacted your daily life and how it will impact your future.

There are a variety of types of head, neck or back injuries and some can be very serious and lead to permanent disability, mental impairment and in some cases death. You may not only be dealing with a severe injury, you may also be struggling with the financial and emotional aspects of recovering from the accident. If you or your family are coping with a head, neck or back injury you are entitled to rightful compensation.

Many head injuries result in a coma which is nightmare for both the individual and the family members who are uncertain what comes next. Neck injuries are difficult not just physically but also financially as may require frequent medical visits. Serious back injuries are among the most costly and disabling problems caused by motor vehicle accidents. Many of these accidents occur because of negligence, carelessness or indifference.

At Hopkins, Barvie and Hopkins, we know how terrifying a head, neck or back injury can be and how frustrating they can be too. If it is a serious injury you and your loved ones lives can be changed forever and other injuries can cause stress, suffering and turmoil too.

If you or a loved one has been a victim of a head, neck or back injury 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 66 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.

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.

   

Were you impacted by these products in 2016?!

Most of us can agree that the year 2016 had its highlights, but also its shortcomings. But for those impacted by three major defective products identified by US Recall News as the worst defective products of 2016, there will likely be ongoing consequences into 2017 and beyond.

• Takata Air Bags  - According to the National Highway Traffic Administration (NHTSA), the airbag recall is the largest in U.S. history, affecting one-in-seven cars. When defective Takata air bags deploy, they explode shooting shrapnel into the driver and passenger. So far, 11 people have been killed by the airbags and more than 100 injured.  It could be 2023 before all recalled airbags are fixed.
  
• GM Ignition Switches - At least 124 death and 274 injuries have been linked to the faulty switches. GM has already paid about $2 billion in penalties and settlements, and a ruling in July stated that bankruptcy did not shield the automaker from additional lawsuits, opening the company up to more suits with an estimated value of $7-10 billion.
  
• Talcum Powder - Johnson & Johnson has more than 2,000 pending cases involving women who have been diagnosed with ovarian cancer linked to talcum powder used for feminine hygiene.

If you or a loved one has been injured by any defective product, please contact the team at Hopkins, Barvie andHopkins, PLLC. Our team has the skills and experience to help you get the compensation you deserve!

May is Motorcycle Safety Awareness Month

We wanted to share with you some information from the National Highway Traffic Safety Administration (NHTSA) as May is Motorcycle Safety Awareness Month. Motorcyclist fatalities increased in 2012 to 4,957, accounting for 15 percent of total fatali­ties for the year. This increase in motorcycle fatalities continues a tragic trend over the last 15 years, which only saw a one-year decline in 2009. Crash-related motorcycle injuries also increased from 81,000 in 2011 to 93,000 in 2012. Safe riding practices and cooperation from all road users will help reduce the number of fatalities and injuries on our nation’s highways.

FACTS ABOUT HELMET USE

·       Use of DOT-compliant motorcycle helmets decreased to 60 percent in 2012, down from 66 percent in 2011, based on the National Occupant Protection Use Survey (NOPUS). The decrease was most significant among motorcycle passengers, decreasing from 64 percent in 2011 to 46 percent in 2012.

·        Helmet use continued to be significantly higher in States that required all motorcyclists to be helmeted. Ten times as many unhelmeted riders died in States without a universal helmet law (1,858 unhelmeted fatalities) as compared to States with such laws (178 unhelmeted fatalities).

·        In 2011, 60 percent of fatally injured motorcycle riders and 49 percent of fatally injured motorcycle passengers were not wearing helmets at the time of the crash.

FACTS ABOUT MOTORCYCLES AND ALCOHOL

• In 2011, the percentage of motorcycle operators who were intoxicated in fatal crashes (27%) was greater than the percentage of intoxicated drivers of passenger cars (23%) and light trucks (22%) in fatal crashes.

·        In 2011, 30 percent of all fatally injured motorcycle riders had BAC levels of .08 or higher.

·        Motorcycle riders killed in traffic crashes at night were 3.4 times more likely to have BAC levels of .08 g/dL or higher than those killed during the day (47% and 14%, respectively).

·        Forty-two percent of the 1,997 motorcycle riders who died in single-vehicle crashes in 2011 had BAC levels of .08 g/dl or higher. Sixty-seven percent of those killed in single-vehicle crashes on weekend nights had BACs of .08 g/dl or higher.

TIPS FOR MOTORCYCLISTS

·       Obey all traffic laws and be properly licensed. In 2011, more than one-fifth of motorcycle riders (22%) involved in fatal crashes were riding with invalid licenses at the time of the collision.

·       Wear a DOT-compliant helmet and use reflective tape and gear to be more visible. NHTSA estimates helmets saved the lives of 1,617 motorcyclists in 2011.

• Never ride while impaired or distracted—it is not worth the risk of killing or injuring yourself or someone else. Plus, a DUI costs $10,000 on average, and can lead to jail time, loss of your driver’s license, and higher insurance rates.

To learn more about the representation we offer Mississippi clients who have been injured in an auto accident, 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.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 66 years of combined legal experience, our attorneys offer our clients 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.
        
 

Have you been injured in a car accident?

Car accidents can happen anytime and anywhere even to the safest drivers. You cannot control what careless or distracted motorists will do but you can take control of your life after a car accident.

In Mississippi a written accident report must be filed with the police with 10 days if someone is hurt or the property damage exceeds $250. It is a misdemeanor if you fail to file this report and could lead to a suspended driver’s license and it is illegal to provide false information in the report. We have listed below 9 steps to take if you are involved in a car accident as we realize that this can be overwhelming.

9 steps to take if you are involved in a car accident:

1. Be prepared before it happens. Have your insurance information in your wallet and glove compartment. It is also a good idea to have pen and paper in the glove compartment.
2. Stay calm.
3. Make sure everyone is OK. If needed seek medical attention as quickly as possible.
4. Call the police to report the accident.
5. Call your insurance company and report the claim.
6. Exchange vital information with the other driver such as contact information and insurance information.
7. Take photos with your cell phone or if you have a camera, including the surrounding areas, traffic signs, lane markings and damages to the vehicles.
8. Do not admit guilt. Express compassion but do not admit any fault. Do not answer questions or make statements to the other driver.
9. Treat parking accidents the same as road accidents.
   

Our law firm has the necessary resources and experience to effectively assist you with your car 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 auto accident attorney who can help make sure you receive the benefits you need. 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.

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.

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 job site. 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.