West Virginia Injury Lawyer Blog

If you've experienced a slip and fall injury at a grocery store, department store or other large retailer in West Virginia, you may not be sure what course of action to take. The fear of having to sue a large corporation for a slip and fall injury can be daunting, knowing that they have virtually unlimited legal resources. But don't be discouraged - an experienced personal injury attorney understands that corporations, no matter what their size, are responsible when people are injured on their property due to negligence.

The best way to face your fears about suing a corporation is by being prepared. By law, corporations have to pay damages to cover medical and related costs of a slip and fall injury that is their fault, just like anyone else. In order to prepare your case, you will need to work with a lawyer to complete the following steps:

1. File your claim within two years. In West Virginia, this is the statue of limitations on personal injuries, so you must act quickly in order to recover damages.
2. Gather all pertinent information, such as medical bills, treatment reports and doctor testimonials. Take photos throughout the recovery process to document your injuries.
3. Acquire the contact information from all witnesses and collect their official statements. The sooner you do this, the better; some people's memories will fail them after a while.
4. Collect evidence to show that the corporation was at fault for your slip and fall. If you can, return to the scene to take pictures of the accident site that show the unsafe conditions, missing signage or other proof of negligence.

The long, cold winter has many West Virginians dreaming of motorcycle rides through the countryside in the warmer months ahead. The Mountain State has miles and miles of breathtaking scenery that are perfectly viewed from the comfort of your motorcycle in the open air. But as you set out to ride, it's important to remember that you have to protect yourself at every turn.

To start, all riders in West Virginia must wear a helmet. Most accident-related traumatic brain injury (TBI) cases are results of crashes involving motorcyclists, so it's vital that you wear a helmet to ensure your safety. Also, you must have a Class E driver's license, which permits anyone 16 or over to ride a motorcycle. Finally, wear protective gear when you ride, such as gloves, knee and elbow pads, sturdy boots and long-sleeved outerwear.

Avoid Motorcycle Accidents
According to the Motorcycle Safety Foundation, over half of all fatal motorcycle crashes in the U.S. involve another vehicle. In most of these cases, says the Foundation, the motorist is at fault, not the motorcyclist. This is due to several reasons. First, motorcycles are easy to unintentionally ignore because of their small size relative to the other vehicles on the road. Second, motorcycles can easily fit into a driver's blind spot, making them virtually invisible. Third, motorcycles may look farther away than they really are, especially given the fact that it's hard to gauge a motorcycle's speed.

If you're involved in an accident with your motorcycle, you have to hire a lawyer who understands your rights. Cars and trucks on the West Virginia roads often impose on the safety of motorcycle riders, but you have just as much right to be on the roads as anyone else.

Insurance claims in West Virginia can be filed for numerous events, including car accidents, homeowner catastrophes and medical costs. You pay for insurance so that you're covered in times of need, but what can you do when the insurance company underpays or denies your claim? If you're not receiving all the money you're entitled to from an insurance claim, you need to hire a lawyer to file a "bad faith" claim against your insurer.

Especially in the medical billing industry, the pricing for services, supplies and medications is completely non-regulated, which leads to gross underpayment of medical claims for many people. Particularly for what insurers deem as "Out of Network" services, claims can be grossly underpaid or even denied. According to a report published in June 2009 by a U.S. Senate Committee on Commerce, Science and Transportation, insurance companies base their payments for out-of-network claims on what they call the "usual, customary and reasonable" (UCR) charge for a service, rather than on a healthcare provider's actual charge. As a result, patients end up footing a major portion of the bill, since UCR charges can be quite divergent from actual charges.

In the auto insurance industry, underpayment often occurs when drivers are forced to get an estimate for repairs by an inferior auto body shop that is often in the insurance company's back pocket. In these cases, if the driver wants to get the work done at another body shop, he or she has to pay the difference in cost, even though the repair could not be adequately completed at the "recommended" body shop.

Trust your instincts. If you feel like an insurance company is cheating you, there is a chance that you are. Sadly, insurance companies often only have their bottom line in mind, not your best interests. Contact a West Virginia lawyer to discuss your case before you pay for costs your insurance company should be covering.

Hit-and-run drivers are responsible for one out of every eight traffic accidents in West Virginia, according to the National Highway Traffic Safety Administration (NHTSA). Hit-and-run drivers are those who leave the scene of an accident without stopping after a collision. The reasons vary, but many drivers flee accident scenes because they don't have state-required insurance; others leave the scene simply because they panic. Either way, a hit-and-run accident can be quite devastating to your car and your sense of security.

Hire a Lawyer to Help Track Down a Hit-and-Run Driver
A lawyer can work with an accident reconstruction expert to figure out exactly what took place and to find clues that can help locate the negligent driver. Time is of the essence in accident reconstruction, so it's crucial that you hire an auto accident attorney immediately so that you can collect the most supporting evidence for your case:

Witness Accounts - Even though they may not have come out to help you, people in neighboring homes or businesses likely saw what happened during your accident. They may be able to provide identifying information about the hit-and-run driver's car, appearance and direction of travel after the accident.

Accident Scene Evidence - At the scene of the accident, you might be able to find clues that can help you track down the other driver, such as evidence of paint transfer on property, broken car parts and even apparel lost during the accident. In New Jersey, a driver was captured when police found his license plate on the scene after he'd knocked down a telephone pole.

Security Camera Footage - Local business owners or homeowners may have been operating closed-circuit security cameras near your accident scene. Especially in parking lots or industrial areas, there is usually a high concentration of security cameras.