West Virginia Injury Lawyer Blog

According to the Mayo Clinic, the most common causes of spinal cord injuries in West Virginia and across the United States are motor vehicle accidents (including automobiles and motorcycles), which account for more than 40% of new spinal cord injuries each year. 25% of spinal cord injuries are caused by falls (especially in victims over the age of 65), and another 15% are attributed to acts of violence, most often gun shot cases. The remaining 20% of injuries are the result of sporting and recreation incidents, alcohol use and degenerative diseases such as cancer, arthritis, osteoporosis and spinal cord inflammation.

In most cases, a sudden blow to the spine that fractures or dislocates vertebrae causes a permanent spinal cord injury. Symptoms of this condition can range from extreme pain to complete loss of feeling in the limbs. Further, victims of spinal cord injury may have trouble breathing or maintaining normal bowel function.

There are more than 11,000 new cases of spinal cord injuries each year. That means about 30 people experience this type of traumatic injury every day in America. The most often observed results are paraplegia (loss of sensation below the waist) and quadriplegia (loss of sensation and functionality below the neck/chest).

Spinal cord injuries are not to be taken lightly. Many times, when people have been seriously injured, they are not sure who to call. If you or someone close to you has experienced a spinal cord injury, you must contact a West Virginia personal injury lawyer right away to discuss your case. The insurance company may pressure you to quickly settle your case, but it's best to get a qualified legal opinion before you do anything. Spinal cord injuries change lives forever and a reliable lawyer can help make your situation more comfortable.

In West Virginia, as a general rule if you are injured on the job and accept benefits from workers' compensation, you forfeit your right to sue your employer for damages. However there is an exception to this general rule, which is often called a "Mandolidis" or "deliberate intent" case. Under West Virginia Code § 23-4-2, employers can lose their immunity from lawsuit if the injured employee can prove that the injury sustained was the result of "deliberate intention" by the employer.

The deliberate intention standard can be satisfied in one of two ways. First, you can satisfy this standard if you can prove the employer against whom liability is being asserted acted consciously and purposely to produce the injury or death to the employee. The other way to satisfy the deliberate intention standard is by meeting a five-part test, which includes proving the following:
1. An unsafe working condition with a high risk of causing injury actually existed in the workplace.
2. The employer knew of the existence of this unsafe working condition and its high risk of causing injury.
3. The unsafe working condition violated a state or federal safety regulation or a commonly accepted regulation in the industry of the employer.
4. The employer nevertheless exposed the employee to the unsafe working condition.
5. The employee suffered a serious injury or death.

If you have been injured on the job in West Virginia and have accepted benefits from workers' compensation, it is not going to be easy to bring a lawsuit against your employer for damages. The workers' compensation laws in West Virginia are designed to protect employers against lawsuits by injured employees. Deliberate intent cases are hard prove and even harder to win.

If you think that you do have a deliberate intent case against your employer or former employer, though, you should contact a personal injury attorney that has experience with workers' compensation law and more specifically, deliberate intent cases. They will be able to better explain the law to you and tell you whether or not you have a legitimate case.

Whether you are building homes, commercial buildings, industrial complexes, bridges or highways, construction jobs pose an inherent risk to your health. A simple fact of life is that accidents happen. But when you introduce the use of heavy machinery and dangerous substances coupled with the rough terrain and ever-changing weather in West Virginia, the chances of an accident causing personal injury increase dramatically.

Construction accidents include accidents involving falling objects, defective construction tools, welding accidents, scaffolding or support beam failure, crane collapses, explosions and exposure to hazardous chemicals on the work site. Serious construction accidents often result in expensive medical bills, long-term medical care and permanent physical injury that can render the construction worker unable to return to work and make a living. This situation can be stressful to the injured party and his or her family.

The first thing you should do after a serious construction accident is seek immediate medical attention. The next thing you should do is contact a personal injury attorney with experience in the construction accident field. Any competent attorney will schedule a free consultation with you, during which they can answer any questions you have and help advise you on the best course of action.

If you or someone you know has suffered an injury due to a construction accident in West Virginia, regardless of whether you want to take legal action, you should know your options. One thing to keep in mind is that the Statute of Limitations for filing a personal injury suit in West Virginia is two years. If you are interested in taking legal action because of you injury, you must initiate the action within the Statute of Limitations or you forfeit your right to do so.

There are also many details associated with a construction accident injury, such as workers' compensation and insurance issues. Many times, it is not clear who is liable for the injuries caused or who will be able to pay for them. This is where the advice of an experienced personal injury attorney is important. The right attorney will be familiar with state safety regulations set by the West Virginia Division of Labor as well as the federal regulations set by the Occupational Safety and Health Administration (OSHA). Determining if these regulations were violated and who violated them can be the key to getting you the compensation you deserve from a construction accident.

In West Virginia, Traumatic Brain Injury (TBI) is often the result of an auto accident, motorcycle accident or sporting accident. TBI can range from mild to severe and can exhibit a variety of symptoms. MTBI, or Mild Traumatic Brain Injury, is very common but often goes undiagnosed because people who have MTBI simply dismiss the symptoms as being "normal" after an accident or traumatic event.

According to the Centers for Disease Control, MTBI is synonymous with the term "concussion." If you keep up with the National Football League (NFL) or any other professional sport for that matter, you'll know this term quite well. Concern over the number of concussions that NFL players are suffering has led to much discussion regarding changing the rules players must abide by after head injuries. This is because repeated concussions can cause permanent brain damage and other severe repercussions.

The same concerns ring true for car accident and other personal injury victims. MTBI symptoms include headaches, dizziness, sensitivity to light, confusion, blurred vision and changes in mood and behavior - all things that most people would just attribute to the shock of an accident. However, these signs are more than just that; they can be serious indicators of brain injury. The CDC has created an evaluation tool for doctors to use to accurately diagnose MTBI. The system is called ACE (Acute Concussion Evaluation) and it provides physicians with evidence-based protocol to use when examining patients.

If you or someone you care about has been injured in an auto accident or other traumatic event recently, it's important that you seek immediate medical attention, even if you feel "fine." From there, you need to speak to a West Virginia personal injury lawyer to see if you can recover damages for your injuries. Serious symptoms of brain injuries may not present themselves immediately, and it's critical to obtain an accurate diagnosis.

If you own a home in West Virginia, your property is a potential accident scene. Delivery people, neighbors and other visitors can sue you for personal injuries they receive on your property as the result of negligence on your part. Negligence can include not shoveling the sidewalk, allowing guests to use your swimming pool without proper signage or supervision, allowing trees to become overgrown so that they fall or cause neighboring property damage or having an unchained animal on the premises that injures another person.

To protect yourself, you should consider safeguarding your family and guests against precarious conditions or possible hazards on your property. Not only does this increase the overall safety of your home and grounds, it also legally protects you from lawsuits in the case of an accident.

One of the best ways to eliminate risk is by building a fence around your property line. A fence is the first line of defense against theft and home invasion, but it also encloses your animals, keeps trespassers from injuring themselves on your property and creates a clear line for shrubbery and trees. If you own a pool, a fence can also protect you from liability if someone uses your pool without permission and gets hurt. It will also keep your small children from entering the pool unattended.

Overgrown trees and other greenery can cause a risk for injury as well. During storms, trees and falling branches can cause personal injury to guests or neighbors, as well as to vehicles, houses and other property surrounding your home. Regular maintenance to keep trees from infringing on neighboring property and to keep them healthy can prevent unwanted situations. For help regarding personal injury on your property, contact a lawyer in West Virginia who can help you reduce your risk of liability at home.

The vast array of legal terms, classifications, statutes and case law can be overwhelming to many lawyers, let alone the average person. However, when you've been the victim of a personal injury, you're suddenly thrust into a whirlwind of terminology, paperwork and deadlines. That's exactly why a West Virginia personal injury lawyer is your greatest ally after you've been hurt as the result of an auto accident, workplace accident, slip and fall or dog bite.

Intention Vs. Negligence
Personal injury claims are known as "torts," or civil (private, non-criminal) matters brought into the legal system for resolution. Torts are divided into two broad categories: intentional torts and negligence. Intentional torts are cases that involve the willful act of a person or company to inflict harm (physical, emotional or financial) on another. Assault, battery, false imprisonment and conversion (unlawful taking of property) are some examples of intentional torts.

Negligence cases, on the other hand, are those in which a business or person fails to act in a reasonable manner regarding the safety or wellbeing of others around them. The vast majority of personal injury suits rely on proving negligence to collect damages, such as in cases regarding auto accidents, slip and falls, product defects, wrongful death, spinal cord injuries, medical malpractice and traumatic brain injuries.

Even when something is an "accident," at least one party is usually negligent in some way. If you've been hurt, it pays to retain a lawyer who can help you recover damages for your injuries. Even if you think you're fine now, you may experience effects of an injury months, even years later.