Articles Posted in On-The-Job Injury

Glen Ray Fuller, from Lincoln County, was killed when a logging truck rolled over him causing his death. Mr. Fuller worked for C & G lumber company in Brookhaven, MS. The accident happened near Pelahatchie, MS. The vehicle was pulling the logging truck out of the muddy road while Mr. Fuller was still securing his load causing him to slip underneath the tires.logging truck.jpg

The family of Mr. Fuller has a claim against the driver and/or the owner of the company for negligence in contributing to the wrongful death of Mr. Fuller. Damages may consist of loss of love and society and affection, loss of income, pain and suffering, medical and funeral bills, and all other damages allowed by law for the wrongful death of a loved one.

If you know of someone who has been hurt or killed on the job, and have some questions that you want answered, call PAUL SNOW, at 601-969-1977 FREE OF CHARGE. We do not charge any attorney fees unless we collect money for you, therefore, you don’t have to spend any money out of your pocket.

There were two crashes that ended up in the death of an FedEx driver on saturday, March 21st, 2015 near Meridian, MS. A toyota car rear-ended an 18 wheeler on I-20 in Toomsuba,MS about 4 a.m. disabling the car on the interstate. The FedEx truck hit the stalled car and crashed through the railing of a bridge and then fell 35 ‘ landing upside down near the railroad tracks.

The family of the the FedEx driver may have a claim against the following: 1) 18 wheeler company if that vehicle were disabled on the interstate highway without any warning reflectors or for other reasons which contributed to the first collision; 2) the driver of the car for rear-ending the 18 wheeler and contributing to the second accident; 3) the insurance company who insured the FedEx truck if there were not enough insurance on the other two vehilces; 4) workers comp. from the employer, FedEx.18 wheeler.jpg

If you know of someone who has been injured or killed in an accident, call Paul Snow to discuss your legal rights FREE of charge, 601-969-1977 or contact us online by clicking here. We do not charge you any fees unless we collect for you.paul snow.jpg







An explosion happened at chemical plant in Geismar, LA. this morning at the Williams Olefins facility. At least 30 people were taken to the local hospital. Some are believed to be dead from the explosion. It looked like a fireball in the air according to some witnesses. Several roads were closed off as a precautionary measure. The plant produces about 1.3 billion pounds of ethylene and 90 million pounds of polymer grade propylene.s-LOUISIANA-CHEMICAL-PLANT-EXPLOSION-large.jpg

Im sure the Chemical Safety Board will investigate this accident to determine its cause.
These chemicals are highly explosive and any ignition source from any where near can cause an explosion like this one.

If you know of someone who was injured or killed in this needless accident, call PAUL SNOW now to ask any questions that you may have, 601-969-1977 or contact us online by clicking here.

There may be more than one company who may be responsible for causing and/or contributing to this accident.

We have been handling cases like this one for over 38 years and have experience in obtaining multi-million dollar settlements.

Call now to protect your legal rights. There is no fee unless we recover for you. The consultation is FREE and confidential.

If a set of facts are enough to justify a jury in a criminal case (with proof required “beyond a reasonable doubt”) to convict someone for culpable manslaughter, then those same set of facts are enough to justify a jury in a civil case (with a lesser burden of proof) to consider the issue of gross negligence. Gross negligence requires less proof than culpable negligence and reckless driving. Turner. 735 So.2d 226 (Miss. 1999).
Section 97-3-47 of Miss. Code of 1972 states as follows:

“Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.”
Culpable negligence means negligence of a higher degree than gross negligence in a civil case. If a defendant is guilty of culpable negligence in a criminal case, then that defendant will also be guilty of gross negligence in the civil courts. Culpable negligence is “the conscious or reckless disregard of the probabilities of fatal consequences to others as a result of the willful creation of an unreasonable risk.” Evans v. State, 562 So.2d 91 (Miss. 1990). Culpable negligence is also defined as “negligence of a degree that is so gross as to be tantamount to a wanton disregard, or utter indifference to, the safety of human life.” Clayton v. State. 652 So.2d 720 (Miss. 1995).
Moore v. State. 117 So.2d469 (Miss. 1960) (defendant’s conviction for culpable negligence was affirmed for going 55 miles per hour in a 30 miles per hour zone). In Moore, the victim was crossing the street. The court held that the defendant could have seen the deceased and should have seen the deceased in time to apply his brakes; that he skidded 140 feet, hit a telephone pole and lost control of his vehicle; that the physical facts and the greater weight of the evidence contradicted the defendant’s testimony. The Supreme Court defined “culpable negligence” as follows: “Negligence of a higher degree than that which in civil cases is held to be gross negligence.” In other words, in order to sustain the jury deciding the issue of punitive damages as a result of gross negligence in a civil case, all one needs to do is prove more than simple negligence but less than culpable negligence.
Shows v. State, 168 So. 862 (Miss. 1936) (defendant convicted of culpable negligence for sideswiping another truck who was going over the speed limit and crossed over the center line -reversed because of improper jury instruction). The defendant was driving a big truck and after the impact he concluded that no damage had been done and proceeded on to his destination in Hattiesburg where he was arrested.
Goldman v. State, 406 So.2d 816 (Miss. 1981) (conviction for culpable negligence affirmed for defendant who was going 60 miles per hour, crossed over the double yellow line in a no passing zone, and hit somebody head-on coming from the opposite direction).
Section 63-3-1201 of Miss. Code of 1972 states as follows:

“Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety or persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving.”

In the case of Turner v. City of Ruleville. 735 So.2d 226 (Miss. 1999), the Mississippi Supreme Court reversed the dismissal of a complaint against the city for the actions of its police officer in allowing a drunk driver to continue driving after being stopped after the officer noticed that the defendant was driving in an erratic fashion and failed to have his headlights on. In reversing the case and allowing the jury to decide whether or not the city was liable for punitive damages, the Supreme Court held as follows citing Barnes v. State. 162 So.2d 865, 866 (Miss.
1964):The court held that for the purpose of the reckless driving statute, ‘reckless means ‘the commission of conscious acts or omissions which a driver knows or should know create an unreasonable risk of injury or damage…’.” The Court also stated: “For conduct to be ‘reckless’ it must be such as to evince disregard of, or indifference to, consequences, or the circumstances involving danger to life or safety to others, although no harm was intended’.” The Court defined “reckless disregard of rights of others” as follows: “…as used in automobile law, means the voluntary doing by motorists of an improper or wrongful act, or with knowledge of existing conditions, a voluntary refraining from doing a proper or prudent act when such act or failure to act evinces an entire abandonment of any care, and heedless indifference to results which may follow and the reckless taking of a chance of an accident happening without intent that any occur.” Id. at 229.
The Mississippi Supreme Court held as follows, citing Dame v. Estes, 101 So.2d 644,645 (Miss. 1958), which defined gross negligence as: “Gross negligence is that course of conduct which disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them.”
The defendants argued that intent was required in order to make the city liable. The Court held: “While we agree that reckless disregard would encompass gross negligence, we hold that reckless disregard is a higher standard than gross negligence.” Id. at 229-30. In refusing to require that the plaintiff prove that the defendant intended to do harm, the Supreme Court quoted Evans v. Trader. 614 So.2d 955, 958 (Miss. 1993), which held that in order to defeat an immunity defense under the common law, the plaintiff would not have to show that the officer entertained a specific intent. It would suffice to show that the officer acted with wanton and reckless disregard for the plaintiffs safety.
The Mississippi Supreme Court has held that “punitive damages are ordinarily recoverable where the negligence is so gross as to indicate reckless or wanton disregard for the safety of others.” City of Jackson v. Perry,764 So 2d 373 (MS 2000) (57 mph in 35 mph zone knocking vehicle 75 feet; punitive damages affirmed), Also see Maye v. Pearl River County. 758 So.2d 391, 395 (MS 1999) (backing sheriffs car out of parking space up an incline; punitive damages affirmed).

Punitive damages may be recovered, not only for willful and intentional wrong, but for such gross and reckless negligence as is equivalent to such wrong, since an act done in the spirit of wantonness and recklessness is often times just as harmful as if prompted by malice. Bush v. Watkins. 80 So.2d 19 (Miss. 1955). The definition of gross negligence is found in Teche Lines. Inc. v. Pope, 166 So. 539 (Miss. 1936), which held that there is no precise definition of gross negligence, but it might be defined as that course of conduct which, under the particular circumstances, disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them. Also see Reid v. Halpin, 178 So. 88 (Miss. 1938); Planters Wholesale Grocery v. Kincaid. 50 So.2d 578 (Miss. 195n: Belk v. Rosemond. 57 So.2d461 (Miss. 1952); and Dame v. Estes, 101 So.2d644 (Miss. 1958).
Under the doctrine of respondeat superior, the master is liable for the acts of his servants which are done in the course of their employment and in the furtherance of the master’s business; punitive damages may be awarded against a master for the negligent acts of his servant. Sandifer Oil Co. v. Dew, 71 So.2d 752 (Miss. 1954). Employer held liable for willful and wanton acts resulting in injury to boy whom driver of truck had invited to ride thereon. Trico Coffee Co. v. Clemens. 151 So. 175 (Miss. 1933).
The most important case on the issue is U.S. Industries. Inc. v. McClure Furniture Co.. 371 So.2d 391 (Miss. 1979). In U.S. Industries, the Mississippi Supreme Court held as follows: “We have to keep in mind that the basic theory is whether or not there was sufficient evidence for the jury to award punitive damages even though the evidence might be conflicting. It is not the court’s prerogative to make the award. It is only for the court to decide whether or not the party requesting a punitive damage instruction has presented sufficient evidence for the jury’s consideration. Yazoo & Mississippi Valley R.R. Co. v. Hardie. 55 So.42 (Miss. 1911); Snowden v. Osborne. 269 So.2d 858 (Miss. 1972).” Id. at 393.
In affirming the award of punitive damages, the Mississippi Supreme Court held as follows:”The evidence was uncontradicted that Mississippi Highway 550 is a well-traveled road, that the tractor-trailer completely blocked both lanes of traffic and that this occurred prior to sunrise which was at 6:50 on the morning of the accident, and that visibility was at best limited. Prudence would have required Jones to have moved his rig on to the shoulder of the road either to await full daylight or to place the necessary flares, or to have continued in his own lane until he found an appropriate intersection for completing the maneuver. Instead, Jones risked the possibility of collision against the possibility of completing the dangerous turn within the few moments when the road appeared to be clear of traffic. He exercised bad judgment under the circumstances.” (emphasis added)Id. at 393-94.
The U.S. Industries court also cited the Fifth Circuit Mississippi case of Anderson v. Eagle Motor Lines, Inc., 423 F.2d 81 (5th Cir. 1970) for allowing the punitive damage instruction to go to the jury. The Fifth Circuit affirmed the award of punitive damages and held that the blocking of the highway was gross negligence entitling the plaintiff to a punitive damage instruction.
Also see Commodore Corp. v. Bailey. 393 So.2d 467 (Miss. 1981), whereby the Mississippi Supreme Court in affirming the punitive damage instruction held as follows:
“If the evidence presented by the party requesting a punitive damage instruction is such that the jury could find that the wrongful acts complained of resulted from such gross disregard of the rights of the complaining party as amounts to wilfulness on the part of the wrongdoer, or that the opposite party was guilty of such negligence as to amount to a reckless disregard of the complaining party’s rights, then the court is fully authorized to submit the issue of punitive damages for the jury’s deliberation. Fowler Butane Gas Co. v. Varner, 141 So.2d 226 (Miss. 1962).”Id. at 471.

See Paracelsus Healthcare Corp. v. Willard, 754 So.2d 437 (Miss. 1999), whereby the Supreme Court previously remanded two cases for consideration of punitive damages and then affirmed the jury awards of 1.5 million dollars to each plaintiff for punitive damages and held that the evidence supported the finding that the jury could find the actions to be in gross disregard for the rights of the plaintiffs.
Punitive damages are defined as damages given in enhancement of ordinary damages on account of the wanton, reckless, malicious, or oppressive character of the acts complained of. Interstate Oil Pipeline Co. v. Valentine. 110 So.2d 369 (Miss. 1959).
In Sandifer Oil Co. v. Dew. 71 So.2d 752,758 (Miss. 1954), the Mississippi Supreme Court affirmed the lower court decision allowing the jury to consider punitive damages for a truck driver who left his truck pumping gasoline into a storage tank and went across the street to a restaurant and drank a cup of coffee. When someone alerted the truck driver that the gas was overflowing, the truck driver turned off the switch and stopped the motor and the pump. A few minutes later there was an explosion. In affirming the punitive damages award, the Supreme Court held that: “It was difficult to conceive of a case of more reckless and wanton disregard of the consequences of his act. His negligence was gross, it was reckless, and it was wanton to such extent as to be tantamount to wilfulness…those who handle such dangerous agencies should be made to know the standard of care which is required of them. It is regrettable that such a tragic occurrence is necessary to again bring such knowledge to those engaged in such business.” Id. at 758-759. “It is interesting to note and we concur in opinion that the ($90,000) ninety thousand dollar verdict in 1954 was the highest verdict in the country for the death of a child at that time.”
Dame v. Estes. 101 So.2d 644 (Miss. 1958) (question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury when the defendant failed to stop at a stop sign.) In Dame, the Supreme Court reversed the lower court’s decision in refusing to allow the jury to consider punitive damages and held that the facts justified a punitive damages instruction and reversed for a new trial on damages only. The facts of the case were that the witnesses estimated the speed of the defendant to be 50 miles per hour. The defendant said she was going 30-35 miles per hour. The speed limit was 30 miles per hour. The Mississippi Supreme Court held that the defendant either ignored or failed to see the stop sign which was staring her in the face and made no effort to stop at the intersection or to even check the speed of the vehicle she was behind. It was in broad open daylight, there was nothing to obstruct her vision and she wholly failed to see the plaintiff s pickup truck until it was directly in front of her. We think under this case that the question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury. The Court cited Hadad v. Lockeby. 169 So. 691 (Miss. 1936) for the definition of punitive damages as follows: “Punitive damages may be recovered not only for a willful and intentional wrong, but for such gross and reckless neglect as is equivalent to such a wrong, since an act done in the spirit of wantonness and recklessness is oftentimes just as harmful as if prompted by malice.” The Court also cited Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936), for the definition of gross negligence: “Gross negligence is that course of conduct which, under the particular circumstances, discloses a reckless indifference to consequences without the exertion of any substantial effort to avoid them.” The Court then cited Wilson v. State. 161 So. 744 (Miss. 1930), wherein the Supreme Court affirmed a manslaughter conviction, for culpable negligence, upon facts in which the negligence is no more culpable than in the case now before us. Id at 645.
Also see, Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936) (bus driver who failed to attempt to stop his bus until 10 feet from railroad crossing, held grossly negligent).The facts in this case are that the bus driver was driving his bus which was 30 feet long, weighed 10 tons, and had a 39 passenger seating capacity; the bus driver was traveling 25 miles per hour and approached the railroad crossing. The bus driver failed to stop until he was about 10 feet from the crossing, resulting in a disastrous collision and serious and permanent injuries to plaintiff who was a passenger on the bus.
Hadad v. Lockeby, 169 So. 691 (Miss. 1936) (award of punitive damages is affirmed for defendant driving 35-40 miles per hour in a 20 miles per hour speed zone without sounding his horn or giving any warning of his approach; he saw some pedestrians and struck them anyway). The defendant had three eyewitnesses who testified that the defendant sounded his horn and slowed his speed. The Mississippi Supreme Court held that the defendant was driving his car at an excessive rate of speed, that he saw the plaintiff crossing the road and failed to slow his speed or sound his horn or give any warning until the accident. These facts if true constitute gross negligence on the part of the defendant. It is interesting to note the words of wisdom offered by the Hadad Supreme Court: “These machines upon the highways are extremely dangerous to others using the highways. The lives and limbs of persons should be safeguarded, and something should be done to reduce accidents to a minimum.” Id. at 694.
Southland Broadcasting Co. v. Tracy, 50 So.2d 572 (Miss. 1951) (jury authorized in finding that driver’s negligence was so wanton and reckless as to justify the infliction of punitive damages for speeding, failing to negotiate a turn, leaving the highway, and traveling approximately 720 feet after leaving the highway.)
Collins v. Black. 380 So.2d 241 (Miss. 1980) (Supreme Court reinstated jury verdict for punitive damages against defendant who was driving at an unreasonable rate of speed, on the wrong side of the road, and failed to stop after the collision.) The conduct of a driver of a vehicle in failing to stop after the accident when taken in connection with all the circumstances may authorize a finding of a lack of care, conscious indifference to the consequences, and aggravating circumstances authorizing the recovery of punitive damages.
So if you have a question about your 18 wheeler or other accident case which may justify punitive damages, give me a call or email me. 601-969-1977 paul snow.jpg







I have just updated my home page to include jury instructions for all aspects of a plaintiff’s trial practice. If you have any interest in using any of these instructions, fell free to download and/or copy. They are located under “referring attorney resources”. If it doesn’t open,you may need to try a different browser.

Call me if you have any questions about your particular case.paul snow.jpg







A Pascagoula man was killed in an explosion at work at Mississippi Phosphates, a fertilizer plant on Industrial Road in Pascagoula, MS. Jeffrey Simpson died of head trauma according to the autopsy. He was an avid outdoorsman and enjoyed a number of hobbies, especially fishing. Our prayers go out to the family.

I’m sure OSHA will investigate this accident since it happened on the job and resulted in a death. OSHA reports are sometimes hard to get and then they mark out most of the report so you can’t read it too well. It appears that the product that exploded must have had a defect in it. This is known as product liability law. The manufacturer usually puts a name plate on their product which shows who made the product and where the maker is located. It is imperative that a picture of that name plate is taken as soon as possible before it disappears or is lost. A lot of cases against manufacturers are won because the defendant had notice of the problem of a possible explosion and either failed to warn or failed to repair or recall their product. Sometimes there is a defect in the product when it was made which would require that the product be saved to be reviewed by a proper expert witness to determine what caused the explosion.paul snow.jpg

Our law firm has handled numerous explosion and product defect cases to successful conclusion for the families in the past. We represent clients all over MS including Pascagoula, Biloxi, Gulfport, Hattiesburg, Jackson, Southaven, Meridian, Greenville, Tuppelo, Vicksburg, and Columbus.

Please call us right away to discuss your case FREE of charge. We handle accident cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. To schedule your FREE consultation with Paul Snow, a Mississippi Injury Attorney, call 601-969-1977 or contact us online.

Circuit Judge Charles Webster has ruled that the limits on jury verdicts are unconstitutional because the legislature has no authority to interfere with the judicial branch of the government as found in our MS Constitution. american flag.jpg

A copy of the opinion can be viewed by clicking on the link here.

God bless Judge Webster and God bless our great state of Mississippi and its fine citizens!
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On the Job Injuries
One of the most unfortunate things that can happen to you is an injury at work. In Mississippi, the law provides a remedy under worker’s compensation. Each and every employer in Mississippi is required to carry worker’s compensation insurance on their employees.

When you are injured at work, you are entitled to two things: medical benefits and wage benefits. Your wage benefits must be paid every other week. Your medical treatment must be approved and paid in a timely manner.

The following is an important checklist to follow if you have been injured on the job:

Report the work injury immediately. This is the most important thing to remember, no matter how minor you think the injury is.

Seek medical attention. You have the right to choose your own doctor and your employer or their insurance company can also choose a doctor to send you to.

Keep a written journal: what was the date of the accident, who was around when the accident happened, and who did you talk to after the injury.

A lot of times, clients want to know whether or not they will be fired if they file a claim. Usually, your employer will recover the money they paid out if you are successful in making a claim against a negligent third party who caused the accident; therefore, the employer should be agreeable to allow the claim to go forward since the employer will be reimbursed any monies that they spent through their insurance company.

Hopefully, your injury will be paid for and you will return back to work with no future problems. If you have been injured at work, call us and we will explain your rights and let you know if we can assist you. We represent clients from all over Mississippi including Gulfport, Biloxi, Pascagoula, Vicksburg, Southaven, Tupelo, Meridian, Greenville, Hattiesburg, Jackson, and counties of Hinds, Madison, Rankin, Copiah, and Warren.You can contact us at 601-969-1977 or 1-800-640-4478 or online. For more information on Mississippi worker’s compensation laws, visit the Mississippi Workers Compensation website.

Do I need to hire a Lawyer?

You probably never thought about hiring a Mississippi accident lawyer until an accident or injury completely interrupted your normal life. If you are now experiencing stress and anxiety because you are uncertain about your future, we can help you. We listen to your concerns and quickly identify how the legal system can solve your problems. We then start working on your case immediately.

Discover The Key To Winning Your Case

Many people do not understand the importance of choosing the right lawyer for their case. Simply put, the Mississippi accident lawyer that you choose to represent you can be the difference between you receiving a fair settlement or no settlement at all.

The key to winning your case is really no secret. It is common knowledge that the person with the best attorney most often gets the best result. Just ask athletes, celebrities and the wealthy who always have a top lawyer at their side. The key for you is finding the best attorney for your case.

Avoid The Biggest Mistake By Asking These Questions

Choosing the wrong lawyer is a huge mistake and can be devastating to your case. Many people simply hire the first lawyer they see on television or the lawyer with the biggest phone book advertisement without knowing anything about the ability of the lawyer. Will you make this crucial mistake simply because you do not know the right questions to ask before you choose your attorney?

With such an important decision, you must be equipped with the knowledge and information necessary to make the smartest choice. This means knowing the specific Questions You Must Ask before hiring a lawyer for your case. You should only hire an attorney after getting honest and direct answers to these questions.

Our Vast Experience Gives You the Advantage

We are the smart choice for your case. Our law firm has represented injury victims and their families since 1974. We have successfully obtained jury verdicts in the courtroom and have obtained millions of dollars in settlements for our clients.

When you become our client, your case will be handled with complete integrity and dignity.

It is essential that you choose a lawyer that has handled Mississippi accident cases just like yours and understands exactly what is needed to win your case, especially when the stakes are so high. We have. We utilize the latest technology, the best legal research tools, and work with world renowned experts on our cases. As a result, we have achieved extraordinary results for our clients. Let us do the same for you. Our record of successful settlements and verdicts is well-documented.

Warning: Secret Deadlines Can Destroy Your Case

The legal system can be very confusing and unforgiving. There are strict time limitations for filing your lawsuit and making your claims. If you miss these deadlines, your claims may be lost forever. A delay in hiring a lawyer will affect the outcome of your case. We will start working on your case immediately.

Our Guarantees To You:

When you choose our lawyers to represent you, we GUARANTEE the following:

An experienced trial lawyer is assigned to your case A complete analysis of your case Honest and direct answers to all of your questions Immediate investigation of your case Immediate preparation and filing of your insurance forms Immediate action getting your medical bills and lost wages paid Phone calls returned within one business day
Read why these are important to you
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At the Law Offices of Paul Snow, we give you honest and direct answers to your questions.

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To see how we can help make the legal system work for you, simply complete our Free Confidential Consultation Form or call us now so that we can start working on your Mississippi case immediately.paul snow.jpg

LAW OFFICES OF PAUL SNOW, Mississippi Accident Lawyer

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Oil spills are probably some of the most devastating disasters to occur. The Exxon Valdez oil spill happened more than twenty-one years ago, but its effects are still being felt today. This oil spill occurred on March 24, 1989 and the leak was mostly confined to the surface of the ocean. The BP oil spill began on April 20,2010 caused when a damaged well pipe burst resulting in an explosion on the oil platform owned by Deepwater Horizon releasing oil 5,000 feet below the surface.220px-Deepwater_Horizon_offshore_drilling_unit_on_fire_2010.jpg

The Exxon spill was limited to a single tanker and spilled about 11 million gallons of oil in one day covering 1,300 square miles. The BP spill has spilled more than the Exxon spill so far and it is still going strong. Both spills have and will kill brown pelicans, egrets, terns, sperm whales, tuna, sea turtles and more. But, fish can’t sue. Only people can.

The lawsuits in the Exxon spill were tied up in the courts for over 20 years. More than 32,000 fishermen, food processors, and Native Americans banded together to recover damages from Exxon. The case was drug out by Exxon lawyers for 19 years until it finally reached the Supreme Court. By this time, more than 7,000 plaintiffs have died. The lawyers won $500,000 million in actual damages and $5 billion in punitive damages. It took five years to get to trial;then it took another fourteen years in the appeals court where the case finally arrived in the Supreme Court before Justice John Roberts in 2008. By that time, the punitive damages were reduced to $2.5 billion.

The first question from Roberts was: “Isn’t the question here how a company can protect itself from unlimited damages?” If Bush v. Gore had been decided differently, you might have had a chief justice who asked: “How can a fisherman protect himself from an oil spill?” But, by a 5-3 vote, the Roberts court cut the punitive damage award to one-fifth from $2.5 billion to $500 million. Another justice, David Souter,ruled with the majority and stated that Exxon’s actions were not malicious. So if you drive a boat while drunk and cause millions and billions of dollars of damages, it is not malicious;but, if you drive a car drunk,it is not only malicious, but you go to jail. The Exxon case is a perfect example of judicial activism.

So, what is going to happen in the gulf of mexico? BP will pay for cleanup costs,various government agencies will assess huge fines for BP’s conduct, but the real money will come during the tort claims process and trial. If we can prove punitive damages, i.e., that BP’s conduct was grossly, wantonly, or maliciously done, then the door is open to punitive damages. The testimony of a rig worker claims that BP officials overrode rig operations and forced a speedy opening as opposed to considering the consequences of failing to repair several broken parts before opening. This proof, in and of itself, should make a jury issue on punitive damages.oil_shoveled-apha-100602.jpg

TYPES OF DAMAGES AND LOSSES: People can make a claim for damages for loss of business, loss of job or reduced income, damage to property, vacation losses,etc. Some examples are: fishing, shrimping, oyster companies and employees, hospitality and tourism businesses and employees,property and boat owners, shipping and trade business and employees, vacationers (lost vacation deposits and expenses), cruise ship employees, charter services, restaurant owners and employees.

COMPANIES THAT MAY BE RESPONSIBLE: BP, Transocean, Halliburton,Anadarko, Cameron,Mitsui & co. and more.

We are working on investigations and damage claims to get compensation for those of you whose income, business, health, property, or other assets have been affected by the BP oil disaster. Investigated claims are settled faster. Your case could be settled quickly out of court to avoid long processes.

We will supply you with BP claim forms and information for maximum recovery. Call our toll free number if you have any questions, 1-800-640-4478. We cannot send out any claim forms until you complete our form under “contact us” on our website at

Your BP claim forms and information are free as a service to you and we will help determine if you are eligible for any recovery of damages.