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October 23, 2012

The Lie Of Tort Reform

 


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When Naython Watts turns six on Nov. 1, he won't realize that it's his birthday. He suffered disabling brain injuries because of botched medical care by not one -- but two doctors -- just before he was born. As a result his mother, who is a widow, will have to care for him during his 50-year life expectancy.

A little blond child with a beatific smile, Naython makes sounds but can't talk. The child suffers from seizures and has difficulty feeding himself. He can't walk on his own and has the mental capacity of a two-year-old. Naython will always need around the clock care. A home video on YouTube shows how badly the doctors ruined his life.

His mother, Deborah, successfully sued the Cox Medical Center Centers in Springfield, Mo., for permanently inuring her son. She won a $1.45 million jury award for non-economic damages plus a $3.37 million award to cover future medical damages. (See Watts v. Cox Medical Centers, 2012 Mo. LEXIS 155.)


Then a tort "reform" law made his situation exceptionally cruel. The state law automatically slashed the family's non-economic damages to only $350,000. It also split the medical damages award in two, making half of it payable in annual installments of 50 years with an interest rate of 0.26 percent.

Last summer the Missouri Supreme Court declared the hideous statute unconstitutional, ruling that it violated the right to a trial by jury. "Once the right to a trial by jury attaches, as it does in this case, the plaintiff has the full benefit of that right free from the reach of hostile legislation," the high court declared. "Statutory damage caps were not permissible in 1820 [when the state constitution was adopted] and... remain impermissible today."

The Missouri court ruled the tort reform law was unconstitutional jury tampering. The historic role of juries in the United States is to find facts and determine damages. In fact, supreme courts in Alabama, Georgia, Illinois, New Hampshire, Oregon, Texas and Washington have also declared their state damage caps unconstitutional.

The Lie of Tort Reform

Little Naython will get the benefit of the jury's award for his medical care. But in 33 other states the victims of bad doctors will not. Tort reform laws in those states cap non-economic damages. In those states, jury awards for non-economic damages (pain and suffering) are arbitrarily slashed as low as $250,000, regardless of what the facts are.

"This is a travesty and it's occurring around the country," said the Watts' family lawyer Roger Johnson of Johnson, Vorhees & Martucci in Joplin, Mo. "In cases like Naython Watts, insurance companies are getting off without having to pay a thing. If there is no accountability in the medical profession, these kinds of medical mistakes will happen over and over again."


Tort reform is a lie. It doesn't benefit the general public and results mainly in stripping Americans of their rights. The laws are pushed by well-funded, anti-consumer groups with friendly-sounding names like "ALEC" and the "U.S. Chamber of Commerce." Their goal is to boost insurance company profits, insulate incompetent doctors from liability and promote propaganda about a non-existent "lawsuit explosion." The result is that badly injured consumers pick up the high cost of medical mistakes in the name of cheaper malpractice insurance for doctors -- who make the mistakes.

Ironically, a study from Americans for Insurance Reform in 2009 found that under Missouri's damages cap, medical malpractice rates actually went up 1 percent, while in neighboring Iowa, which has no damage cap, malpractice premiums dropped 6 percent.

Tort reform does not achieve another goal of reducing healthcare costs. A groundbreaking study published in the Journal of Empirical Legal Studies this year examined the effects of the tort reform law in Texas, one of only two states where detailed data on malpractice claims is publicly available. "We find no evidence that Texas's 2003 tort reforms reduced health-care spending or spending trends," the study says. It adds, "it is time for policymakers to abandon the hope that tort reform can be a major element in health-care cost control."

According to a 2012 report by the Missouri Foundation for Health, "In Missouri the only clear impact has been a drop in the number of claims and lawsuits made and a more profitable malpractice insurance industry, while other indicators remain largely as they were before reform,"

"Ultimately the burdens of the reforms likely fall disproportionately on the young, economically disadvantaged and those who suffer the most severe injuries," states the report.

We can only hope that the Missouri Supreme Court starts a nationwide trend, supported by these and other studies, to eradicate the disease of tort reform.

Content concerning legal matters is for informational purposes only, and should not be relied upon in making legal decisions or assessing your legal risks. Always consult a licensed attorney in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

If you have a question that you would like to ask Paul Snow, call 601-969-1977 for your FREE consultation or contact us online by clicking here.

August 21, 2012

Mississippi Man Killed By Drunk Driver In South Carolina

 

A drunk driver killed a mississippi man in south carolina around june 18th, 2012 on I-20 Westbound. Lacie Doolittle was driving a 2000 Honda which ran off the right side of the highway and struck Gary Daigle, a 59 year old man from mississippi who was working on his disabled truck. Mr. Daigle was taken to the local hospital, Georgia Health Sciences Medical Center, where he passed away soon thereafter. Criminal charges will be filed against the drunk driver for felony DUI.75579_drunk_driving.jpg

The family of Mr. Daigle can make a claim against the drunk driver;also, they may be able to make a claim against the bar or store who sold the alcohol to the drunk driver. Finally, they may be able to make a uninsured motorist claim and med pay claim.

The statute of limitations for filing a death claim may limit your claim.Please call us right away to discuss your case FREE of charge. We handle accident and death cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. You should consult an experienced accident injury lawyer. To schedule your FREE consultation with Paul Snow, call 601-969-1977 or contact us online.

May 31, 2012

Six Vehicle Wreck In Booneville, Mississippi

 

An accident claimed the lives of two people when a Dodge Intrepid driven by William McKinney failed to yield the right of way to oncoming traffic on Hwy. 30 bypass. McKinney pulled out from County Road 5031 and caused a collision with a GMC Sierra driven by Justin Moore of Booneville, MS. After impact, both vehicles went across the centerline into the wrong lane of traffic and then four motorcycles collided with the two other vehicles. Mr McKinney and Mr. Harmon Laster died as a result of the crash from blunt force trauma. Wanda Laster and Bobby Rooker were airlifted to North Mississippi Medical Center in Tupelo in critical condition.Robert Parker and Teresa Parker both of Memphis, TN were taken to Tupelo by ambulance in severe condition. Justin Moore was taken to Baptist Memorial Hospital in Booneville.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Anyone hurt or killed in this accident may make a claim against Mr. McKinney's insurance company as it appears that he was the one that caused the wreck with all vehicles. IF there is limited insurance coverage, then each person could make a claim against their own insurance company for underinsured motorist coverage and med pay coverage. For example, if one of the motorcycle drivers who was hurt in the wreck did not collect any money from Mr. McKinney's insurance company because it was paid out to others in the accident ( first come, first served), then that person could make a claim against their own insurance company even though they didn't have any insurance on their motorcycle;but, they would have to have some type of auto insurance in order to make a claim.

Sometimes, these multiple accidents get complicated. That is why if you have any questions about your case, you should talk with Paul Snow, an experienced trial attorney, as soon as possible. We represent clients all over Mississippi including: Booneville, Tupelo, Jackson, Gulfport, Biloxi Hattiesburg, Greenville, Greenwood, Meridian, Southaven, Vicksburg, and Pascagoula. This is especially true if the adjuster tells you that you can not make a claim or they are not going to pay you for you claim. Call now for your FREE confidential consultation at 601-969-1977 or contact us online.

May 29, 2012

Good Samaritan Killed In Accident In Jackson, Mississippi

 

30 year old twins stopped their jogging routine in order to help someone move their Dodge Avenger out of Highway 80 in Jackson, MS, when they were struck from behind by an employee of Shelter insurance company driving a Ford Escape SUV. The accident killed Kyeuna Vance and severely injured Shyeuna Vance who remains in critical condition at University Medical Center. Shyeuna's right leg had to be amputated and she sustained other severe injuries;she served in the military. Kyeuna Vance was a registered nurse and worked at Mississippi HomeCare of Jackson.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
The family of Ms. Vance who was killed in this accident can make a claim against the insurance company as a result of their driver's negligence. According to an eye witness, the driver was not paying attention for whatever reason. Also, the other twin sister who survived,but was severely injured can make the same claim; also, the driver of the stalled vehicle can make the same claim. If gross negligence were involved, then a claim for punitive damages may be made. Since this was a company vehicle involved in this accident, there probably is an excess insurance policy which would cover damages over and above the primary insurance policy.

The damages for wrongful death consist of: loss of society and companionship for the family who has lost a loved one, loss of the income that the deceased could have earned had they not been killed in the accident, medical and funeral expenses, and pain and suffering. The damages for the injury cases are: past and future pain and suffering;past and future medical bills, past and future lost income, reduced earning capacity, and permanent injuries.


My law firm handled a case similar to this one in the past when two teenage boys were helping push a car to a nearby gas station around midnight when they were crushed in between the vehicles. We settled the cases for about $3,000,000 to $3,500,000. Each case is different and past settlements can not guarantee future results.

A Mississippi Accident/Injury lawyer should be consulted to discuss your legal rights when an accident of this magnitude happens. Any lawyer, regardless of skill or experience, can advertise for injury and death cases. Your lawyer's actual courtroom and trial experience are extremely important. You are invited to compare our experience, background and results. Click here to view our information.

Don't hire an accident lawyer until you know the "8 Costly Mistakes To Avoid When Selecting An Accident Lawyer".

You need someone to investigate your case for you right now for your side. Witnesses move away or cannot be found or the evidence is destroyed. A lot of cases are lost because the client waited too long to talk with an attorney.

CALL NOW. We will speak with you over the telephone. Insurance companies hope you won't call us. We hope you will. Call now for your FREE private consultation to discuss your legal rights, Paul Snow, 601-969-1977 or contact us online.paul snow.jpg

May 23, 2012

$1,500,000 Judgment Awarded In Drunk Driving Case In Columbia, Marion County, MS

 

A verdict of $1,500,000 was awarded against a drunk driver, Richard N. Kennedy, who drove on the wrong side of the road and hit the Plaintiff's vehicle head on causing the death of a 2 year old boy, Caynen Woodward, and injuring his sister,Haley Woodward, and father, Brandon Woodward.

The accident happened on New Year's Eve night about midnight on 2009, on Highway 98 near Foxworth, MS. The defendant plead guilty to negligent manslaughter in causing the death of Caynen while driving drunk.

My law firm with mike ratcliff and bill jones are handling this case. The drunk driver's insurance company failed to pay their policy limits after being requested to pay the same within a reasonable time by our law firm. When the case didn't settle, suit was filed and now the insurance company has a large excess exposure. If adjusters would just do what is right and act fairly, then their insurance company wouldn't be in the position that they are in at the present time.

A lawsuit will be filed against the insurance company to collect the excess judgment,plus attorney fees and court costs and interest.

I will keep you informed as to future developments. Stay tuned!

Paul Snow

May 23, 2012

Pascagoula Man Killed As A Result Of An Explosion

 

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.

May 21, 2012

Minor Killed In Accident From Alcohol Bought At Gulfport Music Festival

 

A minor was killed after some of the alcohol vendors allegedly sold alcohol to underage drinkers at the Gulfport Music Festival last weekend. No one checked for proof of age in order to buy beer and beer was sold to the minors who attended the concert. Driving and minors don't mix.

The family of the minor who was killed in the accident can make a claim against the alcohol vendors who sold alcohol to the minors which contributed to the car accident.Also, the promoter of the concert may be sued if you can prove he was in control or aware of the alcohol being sold to the minors.

My law firm handled a case similar to this one when some minors went to a Hank Williams Jr. concert in Memphis TN and alcohol was sold to the minors which contributed to a car wreck killing a young woman on her 18th birthday. We sued the alcohol providers, the concert promoter, the driver, the lawyer who let the statute of limitations run in TN, and other defendants involved in the concert. We were able to get a substantial settlement that was acceptable to the family of the woman killed in the accident.75579_drunk_driving.jpg

If you know of someone who was injured or killed as a result of someone selling alcohol to a minor which contributed to an accident and want to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online.

We represent clients all over Mississippi including Gulfport, Biloxi, Pascagoula, Jackson, Southaven, Hattiesburg, Vicksburg and Meridian. Call now before it is too late.

May 10, 2012

Mississippi State Student Killed In Accident Near Starkville, MS

 

A MSU student was killed in a one vehicle accident on May 9th, 2012, at the intersection of Oktoc and Skinner Roads. The Oktibbeha county sheriff's office investigated the accident and found a 1999 Ford Explorer overturned in the woods.Six passengers were injured in the accident, three are in critical condition and were transferred to CCU in Jackson and Tupelo. Treasure K Huffman, a sophomore from Starkville, was killed in the accident. According to the investigation, it appears that alcohol was involved but Ms. Huffman was not under the influence of alcohol.75579_drunk_driving.jpg

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?

Of course, the family of Ms. Huffman can make a claim against the driver of the vehicle and the business who sold the alcohol to any minors;also, anyone who was injured can make the same claim. If a business sells alcohol to a minor and then a wreck happens, then that business may be sued for contributing to the car accident.

There may be limited insurance available, therefore it is important for anyone who wants to make a claim, to contact a Mississippi Accident Attorney as soon as possible. Sometimes the insurance companies pay out on a first come, first served basis. Once the limits are exhausted, then there is no more money to pay out.

Claims can also be made for underinsured and medical pay benefits.

If you would like to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online. We do not charge a fee unless we recover money for you. Don't wait until it is too late, call now.paul snow.jpg

April 23, 2012

Coahoma County Circuit Judge Charles Webster Rules That Mississippi Tort Reform Limits On Jury Verdicts Are Unconstitutional

 

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!paul snow.jpg

April 4, 2012

Medical Negligence Case Dismissed In Tupelo, Lee County, MS For Failing to Follow The Rules

 

A wrongful death lawsuit was dismissed on 11-8-2010 for failure to timely serve pre-suit notice as required by MS law. The Mississippi Supreme Court affirmed the dismissal on 3-29-12. Jimmy Steven Fowler, Jr. filed his lawsuit on or about 8-4-2009 in circuit court of Lee County, MS at Tupelo for all of the wrongful death beneficiaries as a result of the wrongful death of his father, Jimmy Fowler. The defendants were Dr. John Paul White, Marilyn Lehman,R.N., and The Sanctuary Hospice House. The gist of the complaint was that the hospice discontinued the patients medications and instead placed him on high doses of pain medication and sedatives which caused his death from morphine neurotoxicity.

An interesting part of the case is that the Attorney General's office, medical fraud unit, investigated allegations against this hospice which the family claimed was covered up by the hospice.

From a review of the case, it appears that the attorney handling the case on behalf of the Fowler family committed legal malpractice by not properly following the rules which require 60 days notice before a lawsuit can be filed against medical defendants. Because the lawyer failed to follow the rules, the lawsuit was dismissed before the case even went to trial. His actions constitute legal negligence in my opinion. The case would have proceeded to trial if the lawyer had done his job properly.

The Fowler family was damaged by the actions of their attorney and now have a case against their attorney for legal malpractice. The family will have to prove that the lawyer committed malpractice and then the family will have to prove that they could have proved their case against the medical defendants in order to recover. They can collect whatever damages that would have been obtained in the first lawsuit if it went to trial.

Our law firm represents families who have been damaged by other lawyers negligence. We represent clients all over MS including Tupelo, Gulfport, Meridian, Jackson, Hattiesburg, Greenville and Southaven and counties of Lee, Hinds, Madison, Harrison, Lamar, Desoto, and Warren, MS. If you know of someone who has been damaged by a lawyer and would like to discuss your case, call Paul Snow 601-969-1977 for a FREE consultation or contact us online. We do not charge any attorney fees unless we recover for you.

There are time deadlines, so call now to make sure it is not too late.

March 28, 2012

Unsafe Offshore Boat Causes Death Of Fisherman In Gulf of Mexico Near Houston,Texas

 

Last week, Ken Henderson and his best friend, Ed Coen went offshore fishing in Henderson's offshore boat, a 30' Scarab which is a sleek, fast offshore fishing boat. For some unknown reason, the boat started filling up with water;Henderson had four bilge pumps,but they could not keep up with the water coming into the boat, so the boat started sinking. The boat was unhooked from the rig that it was tied to and Henderson tried to crank the engines supposedly to run the water out of the hull. Henderson tried to call the Coast Guard,but his radio did not work properly. Because of all of these problems, Mr. Ed Coen lost his life at sea.ed coen.jpg

Because things happen fast offshore,one must equip his boat with the proper safety equipment. One of the most important pieces of equipment is an EPIRB (emergency poistion-indicating radio beacon);it goes off automatically when there is an emergency. It automatically sends a signal to the Coast Guard that there is an emergency and tells the authorities exactly where the beacon is so that a rescue can be made. I have been fishing in the gulf of mexico for over 35 years and have my coast guard license. I have personally seen this device work while fishing off the Louisiana coast. There were about 30 boats fishing and shrimping in this large lake when all of a sudden a Coast Guard helicopter started making large circles in our area and then closed in on one shrimp boat. I could hear the pilot over the intercom ask if everything was all right because they received an EPIRB signal. The captain of the shrimp boat told the pilot that his bracket that held his EPIRB broke and that is what caused the signal to start by accident. So, if this boat were equipped with a proper EPIRB, Ed would probably still be here with us today.

Secondly, on offshore boats, the bilge pumps should come on automatically when water gets into the boat for any reason. When the bilge pump comes on, it is very obvious because you can see the water coming out of the side of the boat. Apparently, the automatic part of the bilge pumps did not work properly or else the boat would not have filled up with so much water. If they saw that the bilge pumps were running, then they could have done something sooner to solve the problem or save their lives, but, because the bilge pumps had to be turned on manually, the boat had too much water in it at that time and it was too late to pump the water out causing the boat to sink.

Thirdly, offshore boats should have a properly working VHF radio for emergencies just like this one so that the Coast Guard can come rescue them in time. The boat had a radio,but apparently it did not work properly because no one responded from the Coast Guard or anyone else. A lot of times, other boaters in the area will come assist if they know that they are needed. This is an unwritten law that we all just help other boaters out who are in trouble or who need assistance.

Fourthly, a wrong decision was made to unhook the sinking boat from the rig that they were tied to. This is especially true if there was a strong current which prevented them from simply swimming back to this rig.

Finally, the boat should have been properly inspected and maintained to make sure that it doesn't sink in the middle of the gulf of mexico. Something bad had to happen to the hull in order for a hole to be so big that 4 bilge pumps couldn't keep up with the incoming water.

The family of Mr. Coen could make a claim against the owner of the boat's insurance company for causing his death which should be covered under the policy. Since it was his best friend, i'm sure that the owner of the boat would not object to his family making a claim. That is why you buy insurance in the first place.

All I handle are injury and death cases. I've been doing this for over 37 years. I represent clients on a contingency fee basis which means that no money is paid unless or until i recover money for you. If you want to discuss your case, call Paul Snow at 601-969-1977 or 1-800-640-4478 or contact us online.

Our prayers go out to the Coen family.

March 27, 2012

Tractor-Trailer Truck Crosses Center- Line And Causes Head-On Accident In Union County, MS

 

An 18 wheeler tractor-trailer truck crossed over the center line and hit a pickup truck head-on injuring both the driver, Charles Beard of Myrtle, MS and his passenger who was airlifted to a hospital in Memphis, TN. The accident happened on hwy. 15 in Union County, MS.

The MHP said the truck driver was going too fast and couldn't stop in time,so he chose to go into the other lane causing the wreck.

The two people who were injured in the accident can make a claim against the 18 wheelers insurance company for the injuries that they received in the accident which include: past and future pain and suffering, past and future medical bills, past and future lost income, permanent injuries, and possibly punitive damages. A Mississippi accident/injury attorney should be consulted.paul snow.jpg

Our law office represents clients all over Mississippi including Union County, Hinds, Madison, Rankin, Warren, Marion, and the cities of Jackson, Gulfport, Biloxi, Hattiesburg, Tupelo, Ingomar,Myrtle and Southaven, MS. We handle injury and accident cases on a contingent fee basis which means that you only pay for our services if we collect money for you. Please call Paul Snow now to discuss your case FREE of charge at 601-969-1977 or contact us online.

January 16, 2012

Cruise Ship Crashes Off of Tuscany Coast Near Italy

 

The cruise ship Costa Concordia with passengers and crew of over 4,000 crashed into a rocky reef because the vessel was 2.5 miles off course on friday the 13th, 2012. The island coast of Giglio is known for its rocky sea floor. Six people were killed, twenty were seriously injured and numerous others were unaccounted for. Because the size of the gash of over 160', the ship must have been moving pretty fast in the water at the time of the disaster.120114092333_Costa_Concordia.jpg
Carnival Corp., a U.S.-based cruise giant,is the parent company who owns the company that caused the accident, Costa Cruises. This is not the first time that this company was involved in a deadly maritime accident. In 2010, the Costa Europa crashed into a pier in Egypt killing three crew members.
Some important questions need to be answered: why was the ship so close to the shore? why was the ship 2.5 miles off course? was the captain eating in the dining room or was he on the bridge? if he was on the bridge, what was he thinking? how fast was the ship moving? why didnt the captain, Francesco Schettino, call in a "mayday" at the time of the incident? why did the crew members tell passengers that everything was fine and there was no danger until the ship started turning over on its side? did the delay make use of some of the lifeboats impossible? why wasn't the evacuation organized? why were the instructions from the crew contradictory?

There were about 1,000 Italians,500 Germans, 100 French, 126 Americans and other passengers on board at the time plus 1,000 crew members. Some of the passengers told of their account. Mike van Dijk said that he had to scream at the controllers in order to release the lifeboats. Valerie Ananias from Los Angeles told of a couple handing them their baby during all of the frantic confusion. She said that she thought they were going to die at four different times.

WHO CAN MAKE A CLAIM FOR WHAT AND WHY?
Anyone on the ship can make a claim under maritime law for any damages that they received as a result of the accident,either as a passenger or a crew member. The owner of the ship in addition to the owner of the cruise line will be responsible for those damages. Damages may include wrongful death for the families who lost loved ones;or for personal injuries for those who survived the disaster. These damages may include pain and suffering, medical bills , emotional distress, loss of income, loss of the cost of the cruise, any permanent injuries. Because Carnival Corp. is a U.S. corporation, suit may be filed in the United States, if required.

Don't be fooled into hiring an attorney who claims to be an expert in personal injury and death cases. Research their track record and compare it to ours. We have been handling these type of cases for over 36 years and this is all we do. The law offices of Paul Snow has handled numerous maritime cases and has a license from the U.S.Coast Guard. We know these type of cases backwards and forwards. You can call us at 601-969-1977 or contact us online to ask any questions that you may have FREE of charge. WE do not charge any attorney fee unless and until we recover for you. If you were involved in this disaster or know someone who was and want to discuss the case, call now before it is too late. The insurance company for the cruise line hopes you don't call us, we hope you do. We are here to help you and protect your rights.

January 9, 2012

Motorhome Blowout Causes Accident In Forrest County, Mississippi

 

Two people have died and numerous people injured when the RV they were riding in had a front tire blow-out causing the RV to go out of control run off of I-59 and hit a tree; two people were ejected from the RV. Mr. Alfred Holt Jr. of Ga. was driving the RV at the time of the accident and was killed in the accident along with Darryl Parker. Ten other passengers were injured in the crash and taken to Forrest general hospital in Hattiesburg,MS. Solomon Brannan owns the motorhome.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Lets look at the tire first. The tire blew out for a reason: was it defectively made? was it put on improperly by a local mechanic? was it worn down so much that it should have been replaced before the trip started? These are questions that need to be answered. IF the tire were defectively made, then a claim could be made by everyone in the vehicle against the maker of the tire for a defective product. This is called product liability.

IF the tire was not defective, then we need to look at who serviced the tire last. If the local mechanic's shop failed to put the nuts back on the tire properly or put too much air or not enough air in the tire, then they may be liable for the accident.

IF the tire was not defective,nor any improper handling by the tire shop, then we need to look to see if the tire was worn down so much that it should not have been used on the trip. The owner should have known whether the tire was in good or bad shape. If in bad shape, the owner should have either told the driver to replace the tire or had the tire replaced before the trip was made. If the owner told the driver about the bad tire and the driver decided not to have the tire replaced, then the driver may bear some responsibility. Also, the driver should have been properly instructed in how to properly operate the RV by the owner before leaving on the trip. These on complicated machines that need experience and know-how to operate safely.

So, a claim may be made against the owner and/or the driver. Since the driver was driving the RV with permission of the owner, then the owner's insurance company should apply to the accident; but, because there are some many victims, it may be on a first come, first served basis.

Because this accident happened in MS, a Mississippi Accident Injury Attorney should be consulted to go over all of your rights. Our law firm has been handling accident cases for over 36 years. This is all we do. Our track record speaks for itself. Check it out for yourself.

If you would like a free consultation to discuss your accident case, call 601-969-1977 now or contact us online. Paul Snow handles all types of cases involving serious injury and death including RV accidents, car accidents, truck accidents, motorcycle accidents and accidents from defective products. We do not charge any attorney fees unless we recover for you.paul snow.jpg

December 14, 2011

Drunk Driver Given 10 Year Sentence In Injury Accident In Bay St. Louis, MS

 

A drunk driver was given a 20 year sentence with 10 years suspended for causing a drunk driving accident on august 5th,2010 in Bat St. Louis, MS. Robin Lee Vo from Hancock county, MS was given the sentence this week in circuit court. The accident was caused when Vo was driving erratically then crossed over the center line and hit a 47 year old man riding his bike. The injured victim incurred over $4000,000 of medical bills and can no longer walk as a result of the accident.75579_drunk_driving.jpg

A claim can be made against the drunk driver's insurance company for causing the accident. If there were no insurance on the drunk driver, then the injured victim can make a claim against their own insurance company for uninsured and medical pay benefits. They can stack or add all of their cars together on the policy in order to get more coverage for this tragic accident.

Additionally, a claim can be made against the bar, grocery store or package liquor store that sold the alcohol to the drunk driver. This is called liquor liability or dram shop law which states that the alcohol provider can be liable if they sold alcohol to a visibly intoxicated person who then caused an accident.

If you or a loved one have been injured or killed in an accident, you should consult an experienced ms accident injury attorney. Our law firm is a mississippi accident injury law firm which handles all types of accident cases involving car, truck, motorcycle, bike, tractor-trailer, and drunk driving accidents.

We represent clients all over MS including the following counties: hinds, madison, rankin, copiah, warren desoto, lee, washington, claiborne, simpson, pike, lamar, forest, hancock, jackson, marion, lauderdale,yazoo, holmes, lowndes, oktibbeha and leflore.

Call now to discuss your case FREE of charge. We handle injury and accident cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. Call Paul Snow your MS accident injury lawyer now at 601-969-1977 or contact us online by clicking here. paul snow.jpg