West Virginia Injury Lawyer Blog

Dog bite insurance claims are on the rise nationwide, and settlements for such cases are getting bigger every year. The Insurance Information Institute recently released statistics on dog bite claims through 2009 and the numbers are up drastically from 2003, when the III first began collecting data. In 2009, dog-bite insurance claims totaled more than $412 million, markedly higher than 2008's $387.2 million in claims.

The Institute reports that the costs of dog bites has increased greatly as medical care costs rise, and as larger court settlements are being granted across the country. The average cost per-claim was $24,840 in 2009, which was up 1.5 percent from 2008. Since 2003, dog-bite claim costs have risen 30 percent, but the actual number of claims is down 2 percent. In 2009, 16,586 dog bites were reported throughout the U.S.

Furthermore, dog bites made up more than one-third of homeowners' insurance liability claims in 2009, according to the Chicago Tribune. Most homeowners' and renters' policies will cover anywhere from $100,000 to $300,000 in damages and/or medical bills. Most dog bites result in medical bills for lacerations, stitches, broken bones and other minor injuries, although more severe injuries can increase settlement amounts to much higher levels than most basic policies cover.

If a dog has bitten you or you are being legally pursued for a dog bite claim on your property, you must contact a reliable lawyer to work on your case. A lawyer can examine all the facts involved to get to the truth of any personal injury matter to save you time and money.

If you're accused of driving drunk in the state of West Virginia (along I-79, Route 50, Route 33, etc.), you can face up to three years in jail and $5,000 in fines for repeat convictions. Even for first-time offenders, jail time, license suspension and fines are all inevitable. You will also be required to attend a safety and treatment program before you can get your license back.

What is Considered Drunk Driving?
You will be cited for DUI (driving under the influence) if you have a certain level of alcohol in your system at the time you are pulled over and tested. The BAC (blood alcohol concentration) limit is .08 statewide for drivers 21 and over. For commercial drivers and minors, the limits are even stricter: .04 for drivers operating commercial vehicles and .02 for drivers under the age of 21 (or zero tolerance). The DUI Law in West Virginia also prohibits drivers from operating vehicles while under the influence of controlled substances as well. These include narcotics, inhalants or other intoxicants.

Know Your Rights
The Implied Consent Law states that all West Virginia drivers have given their consent to a chemical test of their blood, urine or breath if a police officer suspects that they are under the influence of alcohol, drugs or both. Refusal to do so will automatically result in a one-year license suspension, if not longer.

A drunk driving attorney in West Virginia can help you fight a DUI case. Your weight and body fat percentage can drastically skew a sobriety test, causing you to be falsely accused of impairment. A lawyer can help defend you against false charges and can help you get your license reinstated.

In West Virginia, the penalties for drunk driving offenses are rigidly enforced throughout the state. With Labor Day weekend fast approaching, local authorities will be cracking down on drivers who are over the legal Blood Alcohol Level of (.08) for drivers over 21 and (.02) for drivers under the age of 21. If convicted, you can expect jail time, fines and license suspension.

For a first offense, those convicted of drunk driving can face:
- Up to 6 months in jail
- From 2 days to 6 months in jail for Blood Alcohol Level of .15 or above
- From 2 days to 12 months for drivers with Minors under 16 in vehicle
- Fine: From $100 to $500
- Fine: From $100 to $1,000 for Blood Alcohol Level of .15 or above
- Fine: From $200 to $1,000 for drivers with Minors under 16 in vehicle
- License Suspension: 15 days to 45 days (Blood Alcohol Level of .15 or above) or Ignition Interlock

Multiple drunk driving convictions hold steeper penalties, including increased jail time, higher fines and longer license suspension periods:

Second DUI Conviction:
- From 6 months to 12 months in jail
- Fine: from $1,000 to $3,000
- License Suspension: 1 year
- Mandatory Ignition Interlock

Third DUI Conviction:
- Felony offense
- From 1 year to 3 years in jail
- Fine: from $3,000 to $5,000
- License Suspension: 1 year
- Mandatory Ignition Interlock

If you've been convicted of a drunk driving offense in West Virginia, you must hire a professional attorney to fight for your rights. Weight, gender and body fat percentage can all play a key factor in determining your Blood Alcohol Level and can be integral in proving your innocence.

After a catastrophic injury from a car accident, truck accident, slip and fall or other type of accident, many people suffer dramatic changes in their health and overall lifestyle. A personal injury lawyer will often help victims of accidents recover damages for medical expenses, lost wages and pain and suffering, but one additional compensatory possibility in personal injury cases is called "Loss of Enjoyment of Life."

Loss of enjoyment of life is the quantifiable monetary equivalent that the court decides is equal to your ongoing life changes after an accident. In other words, it is the amount you get paid to help offset the loss you experience in your happiness, emotional state and general wellbeing. Particularly for long-term or permanent injuries, disfigurement or dismemberment, this amount can be quite sizeable, given the nature of the injury.

Pain and Suffering vs. Loss of Enjoyment of Life
Pain and suffering is different from loss of enjoyment of life in that it is often only designed to compensate people for short-term injuries or for the actual pain and suffering incurred at the time of the accident. Loss of enjoyment of life is designed to compensate victims for ongoing or permanent injuries that completely alter the way you live your life.

Certain injuries like spinal cord damage or loss of limbs can take a huge toll on your daily life. Not being able to play your children, enjoy your favorite sports or spend time with your family the way you used to can be devastating. A West Virginia personal injury attorney can fight for the compensation you deserve.

Many workers compensation claims are filed due to aggravated, ongoing back pain. Specifically, the lower back is one of the primary areas that cause many workers to file for disability and/or workers comp benefits. According to the National Institute of Health and the National Institute of Neurological Disorders and Stroke, nearly every person has lower back pain at some point that interferes with work, daily activities or recreation.

The NIH/NINDS reports that Americans spend about $50 billion each year on lower back pain remedies and treatment, and cite it as the most common cause of job-related disability and the leading contributor of missed work. Only headaches are a more common type of pain that people experience regularly.

While most pain in the lower back goes away with minor treatment or with time, some people suffer from chronic back pain and must apply for short-term or long-term disability or workers comp as a result. "Acute" back pain generally lasts from a few days to several weeks at the most. "Chronic" back pain is ongoing, lasting for 3 months or more.

Symptoms of acute and chronic back pain are usually the same, just varying in intensity: stabbing or sharp pain, limited flexibility/motion, inability to stand straight and jolts of pain or numbness. If you are experiencing any of these symptoms after a work injury, call a personal injury attorney right away. Don't accept an offer for workers comp payments until you know all your rights.

According to The Journal newspaper, the West Virginia State Firemen's Association recently secured wide-reaching liability coverage for volunteer fire departments in the state through next year. The decision comes on the heels of a crisis over workers compensation premiums and liability coverage throughout the state.

The battle over workers comp premiums began in July 2010, when fire departments statewide were told that they would have to pay nearly double their rates under a policy with Brickstreet Mutual Co. As a result, many agencies expected that they would not be able to afford the new coverage. In turn, firefighters feared job injury claims would be denied, and for men and women who are constantly in the line of danger, this issue became a major concern.

Employers Cutting Back on Liability Coverage Nationwide
Organizations and companies across the country are experiencing severe cutbacks in many employee services and it's taking a toll on the American worker. Many people don't have adequate health care coverage and with workers comp programs being cut drastically, many injured workers don't have anywhere to turn after an accident on the job.

If you have been disabled or hurt at work, you must contact a lawyer immediately. A lawyer can help determine whether or not you're getting all the money you deserve. Even if you've been offered a settlement, it's critical that you contact a legal professional before you agree to any deal to help ensure that you and your family are taken care of while you heal.