West Virginia Injury Lawyer Blog

A West Virginia Sheriff's deputy from Martinsburg is back on the job this week after being severely bitten by a dog at a private residence. On July 13, 2009, deputy W. D. Christian was trying to serve legal documents when a dog believed to be a large Rottweiler attacked him. Although the dog did not initially appear aggressive, he lunged at the deputy from inside the house, causing deep puncture wounds to his right wrist.

Although signs of a dog's presence were posted on the property, who's at fault in this case? The deputy or the dog's owner? Dog bite cases happen all the time in West Virginia, and sometimes it's tough to determine who's at fault.

Although some dog bites are minor, many can cause disfigurement and serious injury. According to the Centers for Disease Control (CDC), dogs bite 4.5 million Americans each year, and one in five dog bites require medical attention. The costs associated with treating a dog bite can be quite high, depending on the severity of the case. In addition to stitches, bandages, anesthetic and antibiotics, you may need blood tests to rule out rabies or other blood-borne diseases that domesticated pets can carry.

If you own a dog or have been bitten by an aggressive dog or other domesticated animal, it's important that you contact a personal injury lawyer. Even if you're not sure you have a case, a lawyer can help you decide the best course of action to take.

If you're looking to file a personal injury lawsuit against another party in the state of West Virginia, it's important that you do so as soon as possible after the injury has taken place in order to stay within the statute of limitations. Legal action is often not the most desirable option for many people, but sometimes it's the only way to recover damages for the negligence of another person or company. But you've got to move quickly to obtain a personal injury lawyer who can fight your case for you.

No matter if it's a car accident, slip and fall or product defect injury, the statue of limitations in West Virginia is very strict. Most personal injury claims have to be filed within 2 years of occurrence or knowledge of injury, whichever happens first. Here are time limits for specific types of lawsuits:

Negligence/Personal Injury/Injury to Personal Property: 2 years
Intentional Torts: 2 years
Libel/Slander/Defamation: 1 year
Product Liability, Medical Malpractice and other Professional Malpractice: within 2 years from the date of the injury OR within 2 years from the date the injury was or reasonably should have been detected.

After the statute of limitations is up, you have no legal recourse against the person or company that harmed you, so don't delay. You shouldn't have to suffer in pain, pay for medical bills or lose time off of work because of negligence on the part of someone else. A lawyer in West Virginia can sort through the details of your case quickly to file your claim within state-imposed time restrictions.

When you file and accept a workers comp claim for an injury obtained on the job in West Virginia, you relinquish your rights to sue your employer for negligence. This means that upon acceptance of benefits, you have to agree to a specified amount of workers comp insurance payments for the duration of your recovery. For many West Virginians, though, these payments are not enough to pay all the bills coming in, including household expenses as well as medical bills incurred as a result of the injury.

If you've been hurt on the job and your employer is denying you adequate workers compensation benefits, you might feel helpless in the situation. But that doesn't have to be the case. If you're being underpaid or under covered by workers compensation or you have been denied altogether, it's important to contact a workers compensation lawyer. A lawyer can figure out the facts of your case to decide whether or not you can collect further benefits for your injury. In addition, a lawyer can advise you prior to accepting benefits in case you're considering a civil lawsuit for damages in lieu of workers comp benefits. You can also file suit against negligent third parties, even if you are accepting workers comp benefits for your injury.

Changes to the Maximum Benefits Allowance in West Virginia
On July 1, 2009, the West Virginia Office of Insurance Commissioner published the new maximum benefits allowances under workers compensation coverage. These allowances are calculated at 135% of the rates set forth by Medicare for numerous areas of care, including inpatient, outpatient and managed care services, just to name a few. Often times, though, these allowances are simply not enough to cover the cost of lost wages and medical expenses combined. Even if you're receiving benefits, you can appeal your case in West Virginia. Contact a reliable workers comp attorney to find out more information.

If you are seriously injured in a car accident in West Virginia and the other vehicle's driver was at fault, the case should be simple and you can handle it on your own claim right? Wrong!

This cannot be further from the truth. In today's environment where the economy is struggling, all companies, including insurance companies, are finding it difficult to increase the profit, which shareholders and executives demand. An insurance company makes money three ways, by consolidating offices, the physicals or bricks and mortar, through investments and premiums paid. The quicker way to increase profits is not to pay claim which can result in large short-term saving or need case. They do this by devaluing, delaying and denying claims.

In West Virginia, we are raised with a strong value system, and if you do something wrong, you accept responsibility for your actions. Well, insurance companies don't follow these values, but value the dollar.

The reality of the world we live in today is that if you are in an accident and injured through no fault of your own, most people think you are just in it for the money and are not hurt.
In my eighteen years of help citizens hurt through no fault of their own, not one wanted to be injured and would trade any amount of money to be healthy again.

It is a uphill battle if you are injured in an accident. Sometimes when you are hurt no on believes you, not the doctor, not your friends and certainly not the insurance company. We live in an age where there is a bias against persons injured in accidents. And the innocent party finds they often have no one to turn too, when they just need a person who will listen.

If you are seriously injured in an accident, contact your local personal injury lawyer. He has walked that lonely road with many clients and can give you guidance every step of the way.

There has been a consistent national campaign in this country against citizens who have been injured, sometimes seriously, in accidents through no fault of their own. Part of the problem is the language which we use and what becomes are accepted views of our society. An example is the use of the word, "accident."

How can a drunk driver or a driver who is speeding who wrecks and hurts someone be allowed to call this event an "accident"? It's not an accident, but a wrongful injustice causing a preventable harm to an innocent person, but we let the world call it an "accident."

We have been cleverly seduced by insurance companies to accept what they have pronounced as fact, that the American system of justice is in crisis and that most lawsuits are frivolous. I contend that to the mother whose car is crushed by a speeding, overloaded coal truck that her case is not frivolous.

What attorney would take a case and put out his own hard earned money along with hundreds of hours and years of struggle for a frivolous case? Unfortunately, I cannot persuade people who have already made up their minds, but must accept their view and attempt to educate.

Any person who is in an accident must prove liability, that is that the other person was at fault and broke the rules or standard of care. Next, you must prove your were injured. And an injured person must also prove "causation," meaning that your injuries were caused in the accident. Now this may sound silly and hard to believe if you haven't tangled with an insurance company.

If you are injured in a car accident the insurance company will fight you on one or all of these issues. The real kicker is the person who was harmed through no fault of their own, has the burden of proof, meaning he has to make his case and cannot stand on the facts. This coupled with the reality that most people automatically disbelieve anyone injured in an accident and we are left with a system where it is extremely difficult at best to protect the rights of the citizen wrongfully injured.

If you are injured in an accident through no fault of your own seek out an experience attorney to help you through each step of the way.

According to the West Virginia Insurance Commissioner in 1997, five thousand six hundred ninety-seven (5,697) teens died in the United States due to motor vehicle car crashes. Thirty-six percent of all deaths of 16-19 year-olds out of all causes were related to motor vehicle accidents. In an effort to protect teens from the serious injuries that can result from car accidents, the legislature has enacted new laws concerning teenage drivers.

The Department of Motor Vehicles requires that under the new law, level 2 (intermediate) drivers may only drive unsupervised (by a licensed adult age 21 or older) between the hours of 5:00 a.m. and 10:00 p.m. Under the old law the unsupervised time extended up to 11:00 p.m.
Under level 2 (intermediate) drivers may not have any unrelated passengers under the age of 20 for the first six months after they pass the Road Skills test and are limited to only one unrelated passenger under the age of 20 for the next six months.
The current law prohibiting Level 1 (instruction permit) and Level 2 (intermediate) licensed holders from using any handheld cell phone or text messaging device. These law can be enforced as a primary offense meaning law enforcement can stop and ticket a teen driver without an accompanying violation to justify the stop.
The number of hours of certified driving experience is now 50 hours, 10 of which must be at night. This is a requirement to be eligible to take the Road Skills test for moving up to the Level 2 (intermediate) driver's license.
In order to know the new requirements, all new drivers need to contact their local DMV and obtain copies of the new requirements for teenage drivers.

It can happen to any of us. Someone we love is the victim of a car accident and through no fault of their own are seriously injured. Most people unfortunately assume that because the other driver had insurance that they will be fully reimbursed for their loss. This is often not the case because most drivers in West Virginia carry the minimum insurance they are required to carry. When a person is injured in an accident it is can be a significant loss, which include medical bills, lost wages, and pain and suffering.

A driver in West Virginia is currently required to carry only 20/40/10 in coverage, which translated means $20,000.00 in liability per person, $40,000.00 per accident and $10,000.00 for property. This leave a person who may have been injured in an accident without sufficient coverage from the at fault driver to cover their damages. If this is the case then the person needs what is called underinsurance coverage.

Underinsurance is coverage which you purchase on your own automobile policy to help if you are injured in an accident and the at fault driver who injured you does not carry enough coverage.

The West Virginia Insurance Commissioner requires that all policy holders be advised of their rights to underinsurance and what amounts are available. Underinsurance is so important that in West Virginia your insurance agent is required to review this available options with you and you must select or reject in writing your rights to underinsurance coverage.

Always read closely prior to signing any documents and ask your insurance agent ? "Do I have underinsurance coverage and what are the limits of my coverage?" Now is the time to update your policy before it is too late.

Medicare is a federal program that pays for certain covered health care, for persons enrolled, who are age 65 and older or persons with certain disabilities. If you are in a car accident in West Virginia or injured in any personal injury accident, where medicare has paid for your injuries new federal laws have set out obligations for the injured person and their attorney.

Previously, your attorney had a duty to contact Medicare, if Medicare paid medical bills which was caused by the negligence of someone's else and you recovered a settlement.

Now in order to ensure that Medicare can recover funds they have paid for your injures which an insurance company is responsible the government requires insurance companies to inform the government about your claim. Medicare in these situations is considered a secondary payer and liability insurance companies are required to collect and report data elements to Medicare, under Section 111 of the Mandatory Medicare Secondary Payer Reporting.

This all started on July 1, 2009, under the "Medicare, Medicaid and SCHIP Extension Act of 2007" or MMSEA, which is the date for new reporting requirements. After January 1, 2010, the new rules will apply all settlements on or after January 1, 2010.

What does this mean for a person involved in a personal injury for which a liability insurance company is responsible for your damages? It means the liability insurance company must report items which were previously thought confidential, such as your social security number, the alleged cause of your injury, and the personal injury settlement information. This information is then disclosed by the insurance company to Medicare.

The new Mandatory Medicare Secondary Payer Reporting provisions of Section 111 can be confusing and anyone involved in a serious personal injury, for which liability insurance is responsible, will need to contact an experienced attorney who can protect your interest regarding all reporting requirements

In West Virginia, a driver is required to carry at least $20,000 in uninsured motorist coverage, please see the insurance commissioner regulations. You can be in an accident and although you have insurance, the other party who is at fault, may not have any insurance.

According to the Insurance Research Counsel in the year 2006 for West Virginia, 9.7 percent of drivers were uninsured and 9 percent for the year 2008. Uninsured means they were driving an automobile without any insurance on the car. Currently in West Virginia almost one out of every 10 drivers on the roads are driving without insurance placing you and I at risk.

This is where uninsurance auto insurance coverage comes into play. Since the person who is at fault is without insurance or uninsured, your policy will pay for your damages, which includes lost wages, medial bills and pain and suffering. Therefore if a driver has uninsurance coverage in West Virginia they are protested? Sadly the answer is often no.

The reason is simply because most driver only have the minimum coverage or $20,000 and just because you have uninsurance coverage does not mean you are adequately protected. Given the rising cost of health care, if you are in an car accident and injured through no fault of you own, medical bills can quickly add up.

The West Virginia Insurance Commissioner requires that all policy holders are required to have $20,000 in uninsured motorist coverage. However, this may often not be enough until it is too late to increase your coverage, when you have been injured by an uninsured motorist.

Always read the document you sign when you purchase insurance and ask your insurance agent, "How much will it cost to increase my uninsured motorist coverage?"

You are in a car accident in West Virginia, are hurt and decide not to hire a lawyer. The insurance company said you don't need a lawyer and you reluctantly agreed. You settle your claim for an amount which is less than you feel you are entitled to, but want to get it over with.

You sign all the insurance company's documents for your car accident without consulting an attorney and wait for your settlement check. When it arrives, the check is either less than the amount you agreed to or another party's name is on the check.

Wait a minute you think, "I was the one hurt in the accident, why are these other people entitled to part of my settlement?" It is called subrogation and if you had hired an attorney, he could have explained it to you and protected your interest.

So what is subrogation? Subrogation is the right of a party to recover from a third party for payments made on your behalf, usually for medical bills. For example, you have health insurance or medical payment provisions on your auto insurance which paid medical bills from your car accident. Since these insurance companies paid these medical bills, under you health insurance policy or your automobile policy, they are entitled to be paid back or subrogated. If you have either medicare or medicaid, then it is the government that will be seeking to be paid back for medical bills which they paid on your behalf.

The law and policy governing subrogation can be complicated and confusing and you need to speak to an experienced attorneys who primarily does personal injury cases. Whether a subrogation issue exists and how it can affect your settlement must be considered early on in your case. Do not delay, call an attorney with experience in dealing with subrogation issues to ensure that you can keep the most of your settlement.