West Virginia Injury Lawyer Blog

Recent government discussions about health care reform have brought a number of issues to the surface regarding insurance practices in West Virginia and throughout the country. One of the biggest problems consumers have with insurance companies, regardless of political affiliation, is denial or gross underpayment of health insurance claims.

A lawyer can build a case against an insurance company for "bad faith" practices by proving that nothing in your policy stated that your claim could be denied for the reason given and that the company acted with recklessness disregard and/or malicious intention in your case. By definition, bad faith is the intentional or malicious denial to perform a contractually obligated duty and/or the fraudulent deception of another. Under the law, insurance companies (health care or otherwise) are required to pay claims properly and swiftly (good faith) and are prohibited from discounting, denying or unfairly denying payment of claims (bad faith).

You have the right to appeal any insurance claim you believe is in bad faith. A West Virginia attorney can help you prove your case so that you can recover all that is owed to you. Sometimes, if the case goes to trial, the judge may even order punitive damages above and beyond your policy limits in order to punish the company for their actions. In the future, policy limits may be eliminated through new health care legislation, but for now, many people are dealing with this issue and have valid grounds to pursue legal action against less-than-reputable insurance companies.

Falls and auto accidents are the leading causes for Traumatic Brain Injury, or TBI, in West Virginia and throughout the United States. March is Brain Injury Awareness Month, and the Brain Injury Association of America (BIAA) is trying to spread awareness about these types of injuries. According to the organization, falls account for 28% of TBI cases and auto accidents make up another 20%. Further, many TBI injuries in West Virginia are related to crashes that involve drunk drivers. As a matter of fact, the Charleston Gazette reports that half of all TBI cases last year were sustained in auto accidents that involved DUI.

1.4 million people sustain TBI every year in America, says BIAA. Of that number, 50,000 die from their injuries and 235,000 are hospitalized. The remaining 1.1 million are treated and released from the emergency room. Men are more likely to suffer TBI than women (1.5 times) and African-Americans have the highest death rate from TBI. The indirect (loss of ability to work or productivity) and direct medical costs combined totaled more than $60 billion in the U.S. alone in 2000. Additionally, the CDC reports that at more than 5 million Americans require ongoing or lifelong care as a result of traumatic brain injury. TBI victims are at greater risk for degenerative diseases as well, such as dementia and Alzheimer's.

If you or a family member has suffered from TBI as a result of a slip and fall or an auto accident, you may be entitled to money to cover the costs of your medical bills, loss of wages and other damages. Contact a personal injury lawyer to discuss your case.

In West Virginia, most spinal cord injuries are the direct result of auto accidents, falls or violent crimes. These types of injuries are devastating to many victims, causing permanent paralysis either below the waist (paraplegia) or chest (quadriplegia) in vast majority of cases. Although you can recover damages for catastrophic spinal cord injuries caused by the negligence of someone else, lesser injuries may be harder to prove. This is why you need a West Virginia personal injury lawyer on your side.

Spinal cord injuries typically occur after a direct blow to your spine. The most obvious symptoms include immediate paralysis below the injury site, loss of movement and sensation, loss of bowel or bladder control and weakness or loss of muscle function altogether. According to the Mayo Clinic, though, symptoms of spinal cord injuries aren't always as easily detected. Lesser, but still significant, symptoms of spinal cord injury include exaggerated reflexes or spasms, changes in sexual function or sensitivity, pain or stinging in your back, difficulty breathing or general numbness.

Getting an immediate medical examination is crucial if you think you've experienced a spinal cord injury. More than half of the 10,000 annual spinal cord injuries occur from car accidents, so it's especially important to have your spinal cord and back examined after a crash. Keep in mind that a spinal cord injury doesn't have to be as extreme as a tear or severing of the spinal cord. Injuries can also include spinal cord bruises (contusions that can cause internal bleeding), spinal cord concussions and spinal compression.

Every prescription drug issued by a doctor in West Virginia is labeled with a list of potential side effects and risks for drug interactions. The U.S. Food and Drug Administration (FDA) requires strict prescription drug labeling so that consumers are protected from injury or even death. Although mislabeling issues have been the root of some personal injury lawsuits against drug companies, more recent cases are stemming from drug contamination and harmful side effects not reported (or known) by drug companies. Cases involving popular prescriptions such as Fentanyl, Reglan, Seroquel, Levaquin, Paxil, Yasmin and Heparin have been widely litigated and publicized.

The Heparin Contamination of 2008
It's not just the interactions or side effects of prescription drugs that consumers have to worry about anymore. Sometimes, the drugs themselves are tainted. As an example, a mass supply of the blood-thinner Heparin (made by Baxter Health Corporation) was contaminated in 2008. Made in China and shipped to the United States, multi-dose and single-dose vials were recalled because they contained an unknown contaminant. Heparin was already associated with serious injuries and deaths when used as prescribed, so this contamination only caused more controversy. In late 2009, the FDA required new labeling for Heparin:

Pay Attention to Side Effects
It's important to recognize when a prescription is not having a positive effect on your system. Some people go on taking prescriptions, despite changes in their health condition, simply because their doctor told them to take the drugs. Others don't pay attention to headaches, ringing in the ears, elevated blood pressure and other seemingly less serious side effects until it's too late. If you or someone you love has been injured by prescription drug contamination, mislabeling or side effects, contact a personal injury lawyer immediately.

Patients at West Virginia nursing homes and assisted living facilities have the right to quality health care, just like anyone else. However, in some less-than-reputable establishments, some residents complain of ill treatment, abuse and even wrongful death. Similar to medical malpractice cases, negligence of duty can lead to the death of an elderly patient and healthcare facilities can be held liable.

On February 19, 2010, Ms. Fern E. Radford filed a wrongful death claim against Hilltop Heath Care Center in Kanawha County for the wrongful death of Barbara E. Farrish. According to The West Virginia Record, Radford is the executor of Ms. Farrish's estate and is claiming that the center failed to "provide her with sufficient hydration, monitor her intake of fluids and notify her physician of significant changes in her condition" during her two-year stay at Hilltop. As a result, Radford claims, Ms. Farrish died from pneumonia that could have been prevented with adequate care. Radford is seeking compensatory and punitive damages.

Unfortunately, cases like this one are not uncommon. For many elderly patients, it is hard to find a trusted legal advocate. However, you can hire a personal injury attorney to fight for you or to defend a wrongful death case involving a loved one and a nursing home. Everyone deserves to be treated with respect and companies who break the rules can be heavily penalized under the law.

Fires and explosions are some of the scariest events that can happen to anyone. House fires, property fires and chemical explosions on work sites are some of the most common causes of personal injury, but product defects, improper discharge of weapons, gasoline leaks and coal mine explosions are also causes of these types of catastrophic injuries.

If you or someone you love has been injured or disfigured in a fire or explosion caused by the negligence of a person or business, you must contact a personal injury lawyer right away. Even if you're being offered a settlement for your injuries, it's important that you have a legal professional on your side who is concerned only with your fair treatment in the matter. Insurance companies will move quickly to settle with you, hoping to save money by offering you an immediate settlement before all of your injuries have been fairly evaluated.

Burn injuries can have long-lasting physical and psychological repercussions, all of which may not be evident for days, even weeks, after the incident. The physical effects of burns are traumatic enough on their own, but the psychological effects can often last long after the scars have healed. Some victims have recurring nightmares of the events and suffer from anxiety for a long time.

Who is Liable for My Injuries?
It depends. Negligent property owners or business owners who didn't install the correct fire alarms or safety equipment can be held liable for structure fires. Gas explosions may be the result of corporate negligence involving safety codes and standard industry procedures. Once you discuss your case with an attorney, you'll have a clear idea of how much you can recover for your injuries, lost wages, pain and suffering and other damages.

On March 2, 2010, the West Virginia Senate passed a bill that proponents say could save you a significant amount on your auto insurance. Senate Bill 394 allows the DMV (Department of Motor Vehicles) to start using an electronic verification system that will alert law enforcement immediately if a driver is operating a vehicle without insurance.

Right now, insurance companies must notify the DMV of uninsured drivers, then the DMV must notify the West Virginia State Police. At this point, state troopers are instructed to find uninsured vehicles and remove the license plates. But, this method has proven to be too time-consuming and laborious given limited state resources. According to an article in the Herald Tribune, slow communication between the DMV and insurance companies has also made it difficult to keep track of uninsured drivers.

If the House passes this new bill, however, insurance companies with clients in West Virginia would have to submit proof of insurance directly to the DMV. This information would be stored in an electronic database that would be shared with law enforcement. The new system would be accessible directly from state trooper patrol units for use at traffic stops, accident sites, hit-and-run scenes and police chases. The information would show up as soon as the officer runs the license plate number.

The hope is that over time, fewer drivers would risk operating their vehicles without insurance, as more citations are written. In turn, insurance companies would eventually be able to lower their auto insurance premiums as the number of uninsured claims decreased (as has been proven in other states). If an uninsured motorist has hit you, you know how difficult it can be to recover damages. Talk to an auto accident lawyer in West Virginia about your case today.