If you or a loved one gets injured because of a person’s (or company’s) action or negligence, you can file a claim. Unfortunately, most insurance providers offer low settlement amounts that don’t cover medical bills, lost wages, and emotional suffering. Often, a lawsuit is the only way to get fair compensation. If you’re looking to…
West Virginia’s economy has historically centered on resource extraction industries (e.g. mining, logging). Nowadays the state is home to many different fields, from aerospace manufacturing to information technology, but there are still many residents employed in manufacturing, transportation, mining, and forestry. Many of these jobs are dangerous for workers, which is likely why West Virginia…
Motor vehicle crashes involving motorcycles are often very serious for motorcycle riders. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists account for 14 percent of traffic fatalities in the U.S. in 2019. Approximately 84,000 motorcyclists were injured in crashes that same year. In West Virginia, 11 percent of roadway fatalities in 2019 were…
Workplace accidents, car crashes, and defective products are all things that can cause injuries to West Virginia residents. If you or a loved one has suffered an injury or disability in an accident caused by someone else’s negligence, you may be encouraged to file a workers’ compensation or insurance claim. In many cases, however, the…
Injuries can happen at any West Virginia work site. While they may be more common at an industrial plant, mine, or construction site, injuries can also happen in a warehouse, at a retail store, or at an office. If you’ve been injured at work, you might be able to sue your employer for compensation for…
Car accidents occur frequently in West Virginia, and many of them involve property damage, injuries, or both. Sometimes car accidents are deadly; in 2019, there were 247 fatal car crashes in West Virginia, according to the Insurance Institute for Highway Safety. If you are involved in a car accident, you’ll need to file an insurance…
If you get into a car accident, suffer from a slip and fall, or become injured while on the job, can you file a personal injury lawsuit to seek financial compensation? Yes, you can. But according to West Virginia’s comparative fault laws, the amount of compensation, or damages, you receive may not be what you…
Even if you maintain your private property or commercial business with the best of intentions and the utmost care, accidents can happen. Injuries can occur. Unfortunately, another person can hold you, the property owner, responsible for the harm caused. It’s important to know how to protect yourself in order to avoid a premises liability lawsuit.…
The grief and sudden, unexpected life change after the loss of a loved one is an emotional and difficult time, especially if you feel their death could have been prevented. Making decisions after a loved one’s death can seem insurmountable and too painful to bear. An attorney skilled in wrongful death cases can shoulder the…
When you file a personal injury lawsuit or a product liability claim, it’s up to you to prove that the other person is at fault for the harm they’ve caused you. For example, if you’re in a car accident the other driver caused, you can file a lawsuit to seek compensation. But you often have…
You’re probably familiar with the steps you should take after an auto accident occurs. Get to a safe location off the road, call the police and an ambulance, document the scene as well as your injuries, and get the contact information of anyone else involved, including witnesses. These steps can help you build a case…
Asbestos-related illnesses, including mesothelioma, develop in the lungs or abdomen as a result of exposure to asbestos. Although symptoms may not develop for years, this exposure can cause serious, deadly diseases and cancers. If you or a loved one is suffering from illnesses caused by asbestos exposure, or have been diagnosed with mesothelioma, filing a…
West Virginia can be a dangerous place for motorists. A recent study looked at population and motor vehicle fatality data in 2018 and placed West Virginia in the top ten states for dangerous roads. In West Virginia, there were 16.34 traffic fatalities for every 100,000 people in 2018. The national average was around 12 fatalities…
In 2016, motorcyclist deaths made up nearly 11 percent of the total motor vehicle deaths in West Virginia. Being involved in a motorcycle accident is terrifying and overwhelming. While in shock, it can be difficult to remember the steps you need to take immediately after the accident. You need to protect yourself and your rights.…
Asbestos was used in the United States in a multitude of products for decades. While we’ve offered West Virginian’s our help filing claims on their behalf, we would like to take a moment and explain why asbestos is so dangerous. In this post, we cover almost everything about asbestos from where it comes from and…
Data from the National Highway Traffic Safety Administration (NHTSA) show that thousands of people in the United States die in truck accidents every year, and tens of thousands more are injured. In 2017 in West Virginia alone, 47 large trucks and 351 other vehicles were involved in fatal large-truck collisions. These numbers do not account…
Asbestos refers to a group of naturally occurring silicate minerals, which have been mined and used as a building material for more than 4,000 years. The ancients recognized several desirable properties, especially resistance to fire, but also recorded serious and fatal health effects among miners who suffered heavy exposure. Large scale mining of asbestos began…
Naturally Occurring Gas Causes Lung Cancer Radon is a naturally occurring gas that is more prevalent in some areas of the country than in others. It’s present in the soil and is more common in West Virginia than other places due to the unique geology here. The danger with radon is that it can seep…
EPA, Manufacturer At Odds With State Courts Over the years, countless people in West Virginia and across the United States have sprayed Roundup on their lawns and gardens to rid them of weeds. While the popular herbicide has long been known as an effective weed killer, it’s recently become the subject of lawsuits for its…
Unfortunately, West Virginia ranks as the eighth most dangerous state for drivers, according to a study conducted by Esurance, an auto insurer. The state’s mountainous terrain and winding rural roads present serious challenges for drivers. At the same time, vehicle and pedestrian traffic in Charleston, Huntington and other cities increase the chances of a collision occurring at…
Whiplash, broken bones, internal injuries and head trauma are a few of the common types of automobile accident injuries that require careful medical treatment and follow-up attention. When you are in the hospital or at the doctor’s office after a collision, you may wonder which of your insurance policies will foot the bill. All West…
Discovery is an essential step in civil procedures. The discovery process gives the legal teams on both sides of a dispute the opportunity to obtain a better understanding of each side’s strengths and weaknesses before determining how to proceed. Upon reviewing the available evidence, the parties may agree that it is best to settle the…
A deposition is a witness’s sworn testimony outside of court and is a legal device used to discover and establish facts relevant to a civil case. You can be subpoenaed to testify in a deposition whether or not you are directly involved in the issue under dispute. A witness who is asked to answer questions…
You have health insurance to cover medical costs when you are sick or injured, and you have car insurance to pay for expenses incurred in an auto accident. But which insurance is responsible for medical costs after a car crash? There is no one-size-fits-all answer. The cause of the accident, the insurance held by the at-fault party…
In West Virginia, the insurance company of the party at fault for an accident, injury or medical malpractice case is responsible for paying the victim’s medical bills. The insurance company is the primary payer, meaning that it has a duty to cover costs up to the policy coverage limit. If and when that coverage limit…
One of the questions we often hear from our personal injury clients is whether the settlement they receive will be subject to taxation. Before we provide some information, we should first note that we are not tax advisors. Therefore, we recommend consulting a financial advisor for more information. However, in most cases, we’ve found that…
Anyone can develop a hernia, and most hernias in the United States get treated with a surgical mesh implant. However, there are some circumstances in which hernia mesh is defective and can actually worsen a person’s medical problems — or cause new issues that require additional surgeries. How can you tell if you have defective…
If you’ve recently been injured in an accident and cannot work as a result, one option you have is to file for long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA). But what happens if your application for long-term disability gets denied? Here is what you should know about an ERISA…
A letter of protection is a letter your personal injury attorney sends to a medical professional if you’ve been injured in an accident. You will likely have co-payments or deductibles you need to pay under your health insurance policy, or you may not even have health insurance at all. Using a letter of protection, our…
You should seek medical attention immediately after a serious accident. Of course, with medical care comes a series of bills that you will need to cover. There’s a common misconception that an injured person’s bills will be directly paid by the party who caused the accident, or even by an attorney. Although it is true…
If you’ve suffered injuries in a motor vehicle accident, you may wonder how much money you could recover in a possible personal injury claim. There is no overarching answer to this question — every claim is unique, as is each person’s recovery. Your best way of protecting your legal rights is to work with an…
When your car has been in an accident, there will be a perceived loss of value to it — even if the repairs made it “as good as new.” This is referred to as its “diminished value,” a trait that will make its resale value lower for prospective buyers. Simply having been in an accident…
In addition to dealing with a possible injury claim after a car accident, you also must consider the property damage your vehicle sustained and how you will receive the compensation you need and deserve. In some cases, you will be able to have your vehicle repaired and have the costs covered through your car insurance…
If you have been hurt due to someone else’s negligence or intentional misconduct, you are entitled to various types of damages, including payment of medical bills. However, if you have health insurance, these costs might not come out of your pocket in the first place. In other cases, a victim with a worthy personal injury…
