West Virginia Injury Lawyer Blog

GM Recalls Crossover Vehicles Over Seat Belt Concerns

Wed, 01 Sep 2010 14:30:17 -0500

Auto giant General Motors is recalling hundreds of thousands of 2009 and 2010 3-row crossover vehicles due to a possible faulty seat belt latch. GM is telling owners of 243,043 Chevy Traverses, GMC Acadias, Buick Enclaves and Saturn Outlooks to come into their local GM dealerships to have the second-row seat belt shield trimmed to avoid a possible failure of the release latch during operation.

The problem occurs when the seat is erected back upright after being folded down. The company says this is when the plastic shield around the latch release button can get caught on the frame of the seat and shift, causing the red release button to be depressed.

207,000 of the affected vehicles were purchased in the United States, while the rest were distributed in Mexico, Saudi Arabia, Canada and China. Owners will be sent notices in the mail to come in for repairs. Although there are no known cases of the belts malfunctioning during a crash, owners have been bringing in their vehicles for warranty repairs after noticing the problem.

When auto manufacturers have problems like this, consumers often want to sue the maker of the vehicle. And, although this is possible (recall or not), sometimes a third-party manufacturer is actually at fault. The auto manufacturer does not always make the seat belt mechanism. Or, sometimes, parts are assembled by outside companies who can also be found liable for injuries suffered. Only a lawyer can help you determine who is actually to blame.

Dog Bite Injury Claims on the Rise In West Virginia, U.S.

Wed, 25 Aug 2010 12:28:58 -0500

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.

Drunk Driving Convictions, Consequences And Your Rights

Tue, 24 Aug 2010 12:25:11 -0500

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.

West Virginia Drunk Driving Laws Strictly Enforced

Wed, 18 Aug 2010 20:01:31 -0500

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.

Defining Loss of Enjoyment of Life in West Virginia Personal Injury Cases

Tue, 10 Aug 2010 11:52:13 -0500

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.

Workers Comp Claims Often Involve Chronic Lower Back Pain

Fri, 06 Aug 2010 16:11:12 -0500

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.

Firemen's Association Fights Workers Comp Cuts

Tue, 03 Aug 2010 14:57:52 -0500

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.

Tractor Trailer Accident Injures Two in West Virginia

Wed, 28 Jul 2010 20:30:16 -0500

Two people suffered serious injuries after a tractor-trailer collided with a Nissan Frontier pickup truck head-on Monday, July 26, 2010. The crash happened on U.S. 522 in Morgan County, West Virginia. According to the Herald-Mail newspaper, the accident occurred around 1:30pm after Hal Gamble drove his passenger truck across the center line into the path of a tractor-trailer hauling lumber.

The reasons for the crash are unknown at this point. Morgan County Sheriff officials reported that Hal Price and his wife, Suzie Price, had to be extricated from their mangled vehicle by rescue workers. Mr. Gamble was conscious but suffered severe injuries, as did his wife. Both victims are in their 60s. After being airlifted to Washington County Hospital, both Hal and Suzie Gamble were listed in serious but stable condition on Tuesday. The driver of the semi truck, Matt Price, was uninjured in the crash.

All too often, passengers and drivers who collide with tractor-trailers in West Virginia don't make it out of collisions like this one. That's why exercising proper defensive driving techniques and safety procedures is absolutely critical on the roads in West Virginia. This is true of both passenger vehicle drivers as well as truck drivers.

If you have been involved in a tractor-trailer accident through no fault of your own, you have rights. Contact a reliable tractor-trailer accident attorney who can help you get the compensation you deserve. Similarly, an attorney can also help you recover damages for the wrongful death of a spouse or loved one.

Prescription Drug Malpractice Claims: Determining Negligence

Mon, 26 Jul 2010 21:05:16 -0500

Medical malpractice is one of the hardest cases to prove, especially against major medical corporations, pharmaceutical companies or hospitals. However, an experienced medical malpractice attorney can fight for your rights against any corporation, doctor or medical provider, no matter what the size, if he or she is knowledgeable in the current laws, the burden of proof necessary in malpractice cases and the legal precedents in this area of law.

Malpractice is often cited in cases in which patients are given prescription drugs incorrectly or irresponsibly, and in which they also suffer a tangible injury. A lawyer must prove negligence as well as show evidence of injury if success is to be assured in a malpractice case involving prescription drugs. Negligence can mean that the doctor or medical professional gave you the wrong dosage, instructed you to use the drug incorrectly or didn't give you enough of a particular medicine as is accepted for use in the medical field for your particular condition. Once negligence is proven, documented injuries directly related to the misdiagnosis or misdistribution must be shown.

If you or someone you love has suffered ill effects after being given a particular prescription drug, you can help your case by keeping meticulous records of your health, the side effects or injuries you experience and doctors visits as they occur. The more careful you are in your recordkeeping, the stronger case you will have. A lawyer can then argue for compensation for your medical bills, pain and suffering, lost wages and more.

Tyler County Steps up Drunk Driver Patrols, Citations

Fri, 23 Jul 2010 21:01:18 -0500

TylerStarNews.com reports that the Tyler County Sheriff's office participated in a state-funded drunk driving crackdown from February 1 to June 30 of this year. Results from the federally funded grant program of the State of West Virginia turned up hundreds of traffic stops and several arrests of drunk drivers in the Tyler County jurisdiction.

During the period of the program, Sheriff Bob Kendle of the Tyler County Sheriff's office said the purpose of the project was to add patrol to combat drunk driving. Sheriffs made a total of 522 traffic stops, three DUI arrests, 10 misdemeanor arrests, two felony arrests and two drug-related arrests. Deputies reported handing out 53 traffic violations and 344 warnings as well.

Tyler County, West Virginia has been experiencing a spike in drunk driving incidents and the Sheriff's office hopes this program will be a deterrent to people who drink and drive. All of the above listed statistics were in addition to traditional on-duty arrests and citations, so there was a very evident increase in the police presence in the area.

The long-term results of this study remain to seen, but drunk drivers throughout West Virginia can expect more and more police presence as grants like this one continue to be used by local law enforcement. If you've been arrested for DUI or falsely accused of DUI, it's important that you have a DUI lawyer on your side to defend your case. With increased enforcement of drunk driving laws in West Virginia, the penalties can be steep for DUI and related charges.

Malpractice Questions Raised by End of Life Treatments

Tue, 20 Jul 2010 13:51:08 -0500

According to a June 28, 2010 report by CBS News, long-term diseases such as Alzheimer's, cancer, heart failure and other conditions, cause more than 80% of American deaths every year. For the families of elderly or infirmed patients, it can be difficult to stand by and do nothing while a loved one is suffering. The same is true for many caring doctors and medical professionals who make every effort to save people's lives in their last days.

In the weeks or months leading up to death, the vast majority of ill patients opt for radical procedures like radiation, chemotherapy and experimental treatments in an effort to prolong life. However, the CBS News report claims that these treatments can actually cause more pain than the patient may have had if he would have chosen to live out his last days without drastic medical measures.

Our desire to live is stronger than our common sense, however, in many cases, says the report. But this desperation to save your own life or the life of a loved one can lead to medical mistakes as well as increased suffering. In many cases, families that push for radical procedures end up suing the doctor or medical staff who failed to take the proper precautions when administering such treatments.

If you have experienced the wrongful death of a loved one due to medical malpractice, contact an experienced lawyer in West Virginia. Only an attorney can tell you whether or not you have a valid case. Medical malpractice can be very tough to prove and you will need a legal professional on your side in order to recover damages.

Determining Medical Malpractice

Tue, 13 Jul 2010 14:17:50 -0500

Medical malpractice cases are defined as those in which a patient suffers harm due to the negligence or willful action of a doctor, nurse or other medical professional. Health care providers have the responsibility to provide a basic level of care that is widely accepted in the medical field for any given situation. Doctors must act with reasonable care when administering drugs, performing procedures and treating and advising patients. If proper procedures are not followed, medical malpractice lawsuits are often filed in an effort to recover damages for injuries suffered as a result.

Determining medical malpractice can be tricky, however. Just because you have a negative side effect from a drug a doctor prescribes or because you don't get better after surgery does not necessarily mean you have grounds for a medical malpractice case. These cases often require complete documentation of the medical history, outside research and expert testimony from witnesses and other medical professionals. Further, you must prove that the doctor's breach of the standard of care needed directly resulted in tangible harm or injury.

If you believe that you or someone you care about has been injured by the negligence of a doctor or other medical professional, it's at least worth consulting a personal injury attorney in West Virginia to speak about your case. Most attorneys work on a contingency fee, which means that you don't have to pay for legal assistance until you recover money for your injuries. If a lawyer believes you have a case, he or she will work for you to fight for your rights and will take a fee after a settlement is reached. For many people who can't afford legal representation on their own, this is an ideal way to reach a successful conclusion in a medical malpractice case.

Bicycle Safety Tips For a Fun Summer in West Virginia

Fri, 09 Jul 2010 16:36:19 -0500

Summer is the perfect time of year to ride bikes through the beautiful roads and trails across the state of West Virginia. Although many riders are able to safely navigate through the streets, accidents do happen. To help safeguard riders against injury, the state mandates that every bicycle rider under the age of 15 must wear a helmet. Further, some towns in West Virginia have even stricter rules regarding helmets and older riders, such as in the following locations:

Clarksburg - Riders under the age of 18 must wear helmets
Morgantown - Riders of all ages are required to wear helmets
South Charleston - Riders under the age of 18 must wear helmets
St. Albans - Riders under the age of 18 must wear helmets

In addition to wearing approved helmets, the National Bicycle Safety Network (NBSN) recommends several ways to help riders stay safe this summer:

1. Young riders should take a bicycle safety course in order to learn good riding skills, such as how to perform panic stops and how to ride in inclement weather.
2. Be familiar with off-road and trail bicycling techniques and use only equipment that is suitable for the terrains on which you'll be riding.
3. Educate yourself and any riders in your family as to the laws for bicyclists in your area, including hand signals, where riding is permitted and which traffic signals you must obey.
4. Equip your bicycle, helmet and riding gear with the proper lights and reflector strips, especially if you plan on riding at night. Blinking red lights are preferable over stationary lights. A bright white headlight is also helpful and recommended.

Proper bicycle safety can prevent broken bones and head injuries that are commonly reported from these types of accidents. If you have been injured by a vehicle while riding your bike, be sure to contact a West Virginia personal injury lawyer to defend your rights.

Carbon Monoxide is the Invisible Killer

Wed, 30 Jun 2010 13:07:07 -0500

Known as an "invisible killer," carbon monoxide poisoning is a very real concern for many West Virginia residents and their families. Every year, carbon monoxide poisoning is responsible for injuring more than 10,00 people and killing 5,000 more. Carbon monoxide is odorless, tasteless and colorless, which makes it very hard to identify preemptively without an adequate CO detector.

When inhaled, carbon monoxide is a potentially deadly gas that emanates from any source that burns fuel. Often times, carbon monoxide leaks occur in old or faulty space heaters, large heating and cooling systems, camping equipment, fireplaces and gas stoves. Carbon monoxide can be found not only in homes, but also in businesses, offices, boats, trailers, recreational vehicles and cabins.

It is always a good idea to install a carbon monoxide detector in your home if you don't have one, especially since the symptoms of carbon monoxide poisoning can be so innocuous. Generally, symptoms of carbon monoxide poisoning include dizziness, nausea, fatigue and headaches. If you or your family members are experiencing these symptoms regularly, be sure to contact a doctor right away.

CO blocks oxygen from getting to your body, which can damage your cells over time and even kill you if the exposure is great enough. Continued exposure usually exhibits in the form of heart irregularity, coma and eventually death. If you or someone you love has been exposed to CO in a work environment, in someone else's home or in an apartment building, contact a reliable personal injury lawyer. You may have a case against responsible parties for your injuries.

Complex Medical Malpractice Cases Require Legal Representation

Thu, 24 Jun 2010 13:08:52 -0500

Medical malpractice lawsuits in West Virginia can be tough to pursue. In these types of cases, a personal injury attorney must prove that the victim suffered a significant injury or wrongful death after a negligent act or omission by a doctor (or other medical professional).

Intentional torts are not considered under this category; instead, crimes like assault by a doctor, threats of harm by a medical staffer or battery from a medical worker can be pursued in civil litigation or criminal court, depending on the circumstances. It takes an aggressive lawyer in order to pursue hospitals, doctors or other medical personnel for injuries sustained at their hands, but it can be done.

Compensation for Medical Malpractice
Negligent actions by a doctor can cause serious and even fatal injuries. Under the law, patients who suffer needlessly are entitled to various types of compensation, including medical expenses, pain and suffering, lost wages, loss of consortium (payments for the loss of a spouse's ability to work) and more.

Damages are designed to put the victim back (or as closely as possible) in the same position as he/she was in prior to being hurt. If there is a permanent injury or ongoing injury, you may also be entitled to further payments for future lost wages, compensation for disfigurement or dismemberment or emotional distress.

Medical malpractice suits require a skilled personal injury lawyer in order to be successful. Especially when you're dealing with pharmaceuticals companies or large corporations like hospitals, it can be a very long road to success. It's important that you keep accurate records, get outside medical opinions, note lost work days and document each step of the recovery process.