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Charleston WV Personal Injury Law Blog

Malnutrition and elopement: nursing home litigation

When a nursing home resident suffers from malnutrition or other forms of neglect, there are legal options available for the family. It is frustrating and tragic when an elderly West Virginia resident suffers under the care of a professional nursing staff, but a family should take action by reaching out for assistance from a nursing home litigation attorney as soon as possible. Victims of malnutrition, elopement (wandering away) and neglect do not have to suffer alone. 

When a family places their loved one in the care of a nursing facility, it is with the expectation that the staff will provide adequate supervision, medication and health care. However, when facilities fail to provide a certain level of care, the results can range from exacerbated illnesses to death. Malnutrition can occur when a resident is not provided with the nutrients needed, either through diet or medication. Elderly patients are especially susceptible to this as they may be unable to speak up when they need assistance. 

West Virginia law enforcement trying to reduce fatal car wrecks

West Virginia law enforcement is making a direct effort to reduce the number of fatal car wrecks in the state. This is being done through targeted patrols on holidays and other high-traffic days and during times when traffic is especially heavy. Statistics indicate that these specific patrols have likely had a direct impact on reducing the number of fatal car wrecks across the state. 

These patrols are funded through specific grants and allow authorities to address specific issues, while also allowing state troopers to work additional hours. They may specifically target drunk driving, speed enforcement in school or construction zones, or distracted driving and seat belt enforcement. In 2012, there were 339 fatalities directly related to car accidents. In 2014, there were almost 70 fewer fatalities. It is thought that increased vigilance from law enforcement has played a role in the increased safety of West Virginia roadways. 

Avoiding sexual harassment and discrimination in the workplace

Sexual harassment and discrimination is an ongoing issue in the workplace, including in West Virginia. It may be helpful to understand what behaviors qualify as sexual harassment and discrimination, as well as how to respond after an incident. The appropriate course of action and potential legal options differ, depending on the individual details of the case. 

While the Civil Rights Act of 1964 protects employees from certain types of discrimination, the employer will specify types of behavior that are inappropriate in the workplace. This means that a worker could still be held accountable for unacceptable behavior that violates company policy, even if he or she did not break a law. Victims should note that it can be beneficial to document incidents, as this can be useful in pursuing a claim officially. 

When is it appropriate to file a wrongful death claim?

Considering a wrongful death claim after the death of a family member? Civil claims must be filed within a specified amount of time, so it is important to take legal action before the statute of limitations expires. West Virginia laws will determine the length of time that a family has to file a wrongful death claim, but a lawyer familiar with state laws should evaluate the individual situation and advise on all available options. 

After a serious accident, the injured party could require medical attention for an extended amount of time. If he or she eventually dies, the family may be left with a significant financial burden and emotional pain. A wrongful death action may be an appropriate means to secure a judgment for monetary damages sustained. 

Sexual harassment and discrimination: inappropriate behavior

Sexual harassment and discrimination is unacceptable in a West Virginia workplace. Unfortunately, many victims of this type of behavior either do not know what qualifies as sexual harassment and discrimination or are afraid to exercise their rights to legal assistance. Unwanted sexual advances from a co-worker or an authority figure at work is certainly a type of harassment, but other types of inappropriate behavior also qualify.

The Civil Rights Act of 1964 prohibits inappropriate behavior in the workplace, yet many West Virginia workers are subjected to unfair treatment every day. Out of fear of retaliation or embarrassment, many of the perpetrators are not held accountable for making sexual advances in the workplace. When a victim reaches out for legal help, it is possible to both stop this treatment and be compensated for emotional duress. 

Your car accident may be the result of a drowsy driver

West Virginia drivers know that it greatly increases the risk of a car accident to get behind the wheel when drunk or while distracted. However, many car accident victims may not consider the fact that drowsy drivers also pose a significant hazard to other motorists. It is possible that a car crash, as well as any physical and financial suffering that follows, is the result of a driver who was simply too tired to drive safely. 

Drowsy drivers are obviously suffering from a lack of sleep, but their condition could also be the result of medication side effects or a medical condition. No matter the cause, drivers who are tired are more prone to make poor decisions behind the wheel. Drowsy driving may manifest in the form of slow reaction time, failure to avoid a collision or inability to pay attention. 

Lawsuit filed over nursing home malpractice

A West Virginia woman has filed a lawsuit against several defendants, namely a nursing home facility, because of alleged nursing home malpractice. The suit claims that the care facility is to blame for the untimely death of one resident. The plaintiff claims that the staff/managers committed nursing home malpractice by hiring unqualified individuals and failing to train employees. 

Named in the lawsuit is Eldercare of Jackson County, Eldercare Rehabilitation and Eldercare Management Associates along with one individual. The complaint asserts that the negligence occurred over a period of two years. It is alleged that the resident who died in the long-term care facility became dehydrated due to lack of care. 

Legal options when dealing with traumatic brain injuries

Traumatic brain injuries are serious and can have a life-altering, long-term impact. If you or a loved one is suffering because of the negligent or reckless action of another person, there are legal options available. Enduring traumatic brain injuries while facing unexpected medical bills, missed wages and extensive rehabilitation costs can have a detrimental impact on a West Virginia family. Fortunately, you do not have to face this situation alone. 

If you or a loved has suffered a brain injury, we are available to help you seek compensation for your accident-related expenses. A serious medical trauma is expensive, so we work with a unique team of financial and medical professionals to determine the amount of money you need to cover your current medical bills and future needs. If you are dealing with the aftermath of a brain injury, we can help. 

Legal options for victims of nursing home injuries

If your loved one has suffered from nursing home injuries of any kind, it is important to seek help promptly. When a West Virginia family places a loved one in a long-term care facility, it is with the expectation that he or she will be appropriately cared for and carefully monitored. If your family member has suffered from nursing home injuries or you suspect that he or she has suffered from a low standard of care, our team is ready to assist you. 

Nursing home injuries are not always a result of blatant physical abuse. Instead, these injuries can derive from negligence, poor medical care, lack of supervision or malnutrition. Victims cannot always speak for themselves, and these issues may continue for an extended amount of time before they are noticed. If you suspect that your care facility is responsible for wounds, infections, bed sores or a behavior of fearfulness, you may have a legal case. 

West Virginia manager facing second sexual harassment lawsuit

A West Virginia mine manager is facing a lawsuit for sexual harassment for the second time. The manager of the Raven Crest Mine has been named in a civil claim by a woman who worked as a secretary with the company. The woman claims that she was faced with inappropriate advances and that she was asked to perform sexual favors. She is seeking damages for emotional pain and suffering from sexual harassment. 

The woman alleges that, in addition to unwanted sexual advances of a verbal nature, she was also subjected to physical sexual conduct. Mentioned in the lawsuit is a specific incident in which the manager purportedly texted an offensive photo of his body parts to the woman. Despite reporting the incident through the appropriate channels, the woman claims that the manager saw no disciplinary action for his behavior.