West Virginia Injury Lawyer Blog

Between 1982 and 2005, West Virginia had the fifth highest number of ATV-related deaths in the United States, with 339 fatalities during this period. This number was the highest per capita in the US, with the total number only behind four much more populated states including California and Texas. The latest reports show that between 2006 and 2008, 134 more people died due to ATV-related crashes in West Virginia, bringing the state's total to the highest in the nation overall for this period.

Since 2008, a growing level of public outrage over ATV-related deaths has caused state legislators to take notice, particularly in the cases involving minors. Currently, West Virginia state law requires ATV riders to have under 18 to take a rider safety awareness course and to wear helmets at all times. Riders under the age of 18 are also banned from having minor passengers on board their ATVs.

For riders of all ages, headlights and taillights must be used between sunrise and sunset. ATVs cannot be driven on paved roads with a center line or roads with more than two lanes, except to cross or to get from one trail to another. Although helmet use is not a state requirement over the age of 18, they are strongly recommended for all riders and passengers.

If you or someone you care about has been injured in an ATV accident, the insurance issues surrounding your case can be tricky. You're going to need a resourceful West Virginia personal injury attorney to help you fight for your rights.

In West Virginia, medical malpractice claims can be filed against practitioners in all areas of the healthcare field, from dentistry to emergency care. In this state, claims must be filed within two years of injury or the date from which the injury should reasonably have been detected. West Virginia caps medical malpractice limits at $250,000 for non-economic damages and $500,000 for cases involving wrongful death or permanent disability. Physicians must carry liability insurance of at least $1 million in order to qualify for these caps.

What Is Medical Malpractice, Exactly?
Medical malpractice is the negligent disregard (either through action or non-action) of the industry standard for health care that causes injury to a patient. Malpractice suits can be filed against a doctor, nurse, dentist or other medical/healthcare worker who is negligent in his or her duties as a professional caregiver.

Establishing Your Case
In order to establish a medical malpractice lawsuit in West Virginia, a personal injury lawyer must prove two things. First, a lawyer must prove that standard, industry-accepted procedure for your condition was not followed or was ignored. Second, your attorney must prove that injury or harm was the result of this negligence.

Although this may seem straightforward, medical malpractice cases are notoriously thorny to prosecute because of the nature of the industry and sheer size of healthcare corporations. If you think you have a case, it's vital that you contact an experienced personal injury lawyer who knows the intricate legal details surrounding medical malpractice claims. These lawsuits can take a very long time and can cost a great deal, so it is also important to choose counsel who will work on a contingent-fee basis.

It's that time of year again in West Virginia--Halloween time! All the ghouls and goblins are preparing to make their yearly appearances and the pumpkins are being carefully carved. And, just like every year, Halloween is a festive time when a barrage of holiday-themed products hit the market, with retailers marketing everything from costumes to makeup to prosthetics and candy. It seems like you can buy an endless number of Halloween party favors, hats, trick gadgets and clothing. However, because some of the products offered at this time of year are cheaply constructed and hurriedly produced, it's also the time of year when many people experience personal injuries due to product defects.

Halloween products are often used around pumpkins and other objects that include candles and flames. Many toys and costumes present serious fire hazards to small children, so it's vital that you only purchase items that are clearly marked as flame-retardant. Even then, you have to keep a close eye on children in order to prevent accidents from happening.

According to annual toy recall lists published by Consumer Reports, many recalled Halloween toys have recently been pulled off the shelves for concerns over choking hazards, lead-based paint and fire hazards. Removing these items from your home can prevent personal injuries and even wrongful death claims.

Personal injuries around Halloween are enough to ruin any holiday celebrations. If you have questions regarding a personal injury case in West Virginia, contact an experienced lawyer who can help you sort your case details to make sense of it all.

The trucking industry is a necessary and important part of commerce in West Virginia. However, there are inherent dangers associated with the trucking industry and these dangers are ever so present in West Virginia. The shear size of a large truck increases the danger of damage in the event of a collision, especially a collision with a car or smaller vehicle. The mountainous terrain and periodic inclement weather in West Virginia increase the risk of a large truck or tractor trailer being involved in a collision and causing injuries and damages.

If you have been injured in an accident involving a bus or large truck, there is hope. Congress recognized the inherent dangers of the trucking industry and in 2000 established the Federal Motor Carrier Safety Administration (FMCSA), which focuses on reducing collisions, injuries and damages involving large trucks and buses in the United States. Trucking companies and their drivers are required to follow regulations created by FMCSA.

Often times, in the aftermath of a collision involving a large truck, it comes to light that the trucking company or the truck driver disobeyed one or more of the FMCSA regulations. Proving this disobedience is one of the major hurdles to overcome when bringing a suit against a truck driver or trucking company.

If you have suffered an injury through no fault of you own, but rather from a collision with a large truck, that truck driver and his employer should be liable for your damages, right? Unfortunately, it's not always that simple. The trucking industry is no stranger to the courtroom and you can guarantee that they have experienced attorneys on their side. Trucking companies are constantly battling lawsuits because of the immense damages that result from collisions with large trucks. They will do what they can to conceal any wrongdoing on there part and absolve them of any liability. Therefore, it is essential to know what kind of information is needed to build a strong case and what avenues you can take to recover the compensation you deserve.

If you have suffered a loss due to a collision involving a large truck, you should contact a personal injury attorney that has experience with the commercial trucking industry and the FMCSA regulations. These regulations and the trucking industry in general are complex and an experienced attorney can help guide you down the difficult road to recovery.

Serious personal injuries can include amputations, burns, maiming, brain damage, paralysis or any type of bodily injury that causes severe pain and results in surgery or extended hospital stays. These injuries can be caused by an array of different scenarios, but one thing remains the same: if the serious personal injury you sustain is not your fault, but is instead caused by someone else, that person should be held liable.

From childhood, most people are told that everyone is responsible for their own actions, or at least they should be. Unfortunately, that is not the case in the real world. When the outcome of someone's actions causes him or her to face prison time or to pay a large sum of money, more often than not that person will do whatever he or she can to avoid responsibility. Nowhere is this more apparent then in the case of a serious personal injury caused by someone else.

The person who caused the injury will almost always blame someone else and will usually claim that it was the injured person's fault. If the person who causes the injury has insurance, then the fight just moves up to another level. The insurance company's adjustors and attorneys are focused on maximizing profits for the insurance company and not on getting seriously injured people the compensation they deserve.

Regardless of the circumstances, if you are seriously injured because of someone else's actions you need to contact an attorney in West Virginia who has experience dealing with insurance companies and serious personal injury cases. There are many complicated issues that arise in the event of a serious personal injury caused by someone else. An experienced attorney will discuss your options with you, explain the complicated issues, and fight for you every step of the way to ensure that you get the justice you deserve.

If you've experienced a personal injury through no fault of your own in the state of West Virginia, you're likely going to be offered a settlement from the negligent party's insurance company. Whether for an auto accident, slip and fall or product defect, it's vital that you know your rights when it comes to how much you can recover in damages before you accept anything.

I Just Want to Put This Situation Behind Me. Shouldn't I Just Accept the Settlement?
No. Especially when insurance companies track you down at the hospital or at your home while you're still recovering, you can bet your bottom dollar that they are acknowledging fault and trying to settle your case quickly so you won't file suit against them for what they really owe you. They know that they could be sued for far more than they are offering you, which is why they can often seem so "nice" and "accommodating" right after an accident in which their client is clearly at fault.

Unfortunately, not every personal injury case is so open-and-shut. Many insurance companies will even offer you a paltry settlement in the hopes that you're too afraid of a legal battle or too injured to go through the process of hiring a lawyer, even though you know you're not getting all that you should. If you've been hurt as a result of the negligence of another person or company, don't go it alone. You have to retain a personal injury lawyer who will work hard for you, no matter what your condition. A lawyer can explain your rights and detail the amount of money you are capable of getting from an insurance company based on your losses (physical and emotional) and the severity of your injuries.

A lot of times, when you hear someone say they were bitten by a dog, you kind of shrug it off as if it's not a big deal. You don't think of it as a legal issue. Dog bites are not uncommon and the majority of dog bites are more often little nips that don't really cause any damage. However, some dog bites can cause serious bodily harm, permanent disfigurement and even death.

Most people don't realize how serious a dog bite can be until they or a loved one is bitten and sustains serious injuries. In West Virginia, dog owners are strictly liable for damages caused by their dogs. If a dog is running unattended at the time of injury, the owner's negligence need not be proven to hold the owner liable. If the dog is not running wild at the time of the injury, the owner still may be liable if you can prove the owner knew of the dog's vicious propensity or that the owners negligence somehow caused the injury. This is true even on the owner's property. A dog owner has a duty of care to secure a dog and prevent it from injuring people who lawfully enter the owner's property.

It is good to know your rights under the law in the event of a serious dog bite, but the fact is that serious dog bite scenarios are usually more complicated than just figuring out who is liable. The nature of most serious dog bites adds a unique element to the legal issues surrounding dog bites. Over 77% of dog bite injuries are inflicted by the family dog or by a dog that the victim is familiar with. To make it worse, the most common victims of dog bites in the United States are children and the majority of dog bite injuries are to the face and neck.

What do you do if your family dog or your friend's dog bites your child, causing serious injuries to the face that require extensive medical attention? All of the sudden, your legal issues are intertwined with personal sentiments. You don't want to put the family dog to sleep and you don't want to sue your friends or have their dog put to sleep, but you also don't want to pay the hospital bills that resulted from the dog bite.

With over 4 million dog bites reported every year in the United States, the law understands the seriousness of the problem. Fortunately, most homeowner's insurance policies cover dog bites. So if the family dog causes injuries to someone, whether it's a family member or a guest, the insurance should cover the damages. Similarly if someone else's dog causes an injury to you, the dog owner's homeowner's insurance should cover the damages.

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