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Charleston WV Personal Injury Law Blog

Defending those who are suffering from elder abuse or neglect

It is particularly heartbreaking when a helpless individual is abused, neglected or mistreated by those who are supposed to provide care. Our team is dedicated to helping elderly individuals in West Virginia who are suffering from elder abuse or neglect. We know how hard it is to see a loved one suffer, but we can help those who cannot help themselves seek a full recovery for their pain and injuries. 

Elder abuse can be emotional or physical. Many nursing facilities are understaffed or workers are poorly trained, resulting in injuries, malnutrition and unsanitary conditions. This type of neglect or negligence can be devastating for residents, leading to emotional trauma in addition to physical pain. This treatment is likely not intentional, but facilities should always provide a certain level of care for those who are under their supervision.

Multi-vehicle car accident leads to temporary closing of I-64

Interstate 64 in West Virginia was recently reopened after an eight-hour closure. Authorities took several hours to clean up the spilled fuel that was leaked after a massive car accident. The collision involved nine vehicles, including a tractor trailer and a dump truck. Several injuries were reported after the collision.

West Virginia authorities are still investigating the cause of the accident. In particularly complex accident cases, it can be difficult to determine the reason for a crash or what factors contributed to the incident. However, victims of any serious accident may seek legal assistance, even if the crash is still under investigation.

Woman files suit after being fired, cites gender discrimination

There are various types of discrimination that may be found in a workplace. In a state outside of West Virginia, a woman recently filed a lawsuit against her former employer, alleging that she was a victim of pregnancy and gender discrimination. The claim alleges a violation of the Civil Rights Act of 1964, which includes the Pregnancy Discrimination Act

The woman was an employee of a hospital for over five years. She was most recently a neurophysiology technician, requiring her to travel to and from hospitals. She asserts that she always received positive evaluations concerning her work performance -- up until the time, in Sept. 2014, she informed her supervisor that she had conceived.

High risk for car crash injury due to defective auto parts

The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the major manufacturers of airbags. The initial investigation was expanded after there were two separate reports of malfunctioning airbags. According to reports, millions of vehicles may be outfitted with airbags that are at risk of explosion, placing all drivers at a higher risk of car crash injury

These airbags may explode, launching dangerous debris and metal fragments at drivers and passengers. One of the major airbag manufacturers, Takata, initiated a recall in May that affected over 33 million vehicles, including many in West Virginia. It is thought that these defective airbags may be related to at least six deaths across the country. 

Increased risk of a car wreck or motorcycle crash in the summer

As West Virginia readers know, drivers must share the road properly with motorcycles, other motorists, pedestrians and bicyclists. Even one moment of distracted, negligent or reckless driving can result in a serious car wreck, resulting in physical injury or even death. As the summer progresses, there will be more drivers and motorcycle riders on the roads, which will mean drivers should exercise extra precaution. 

Motorcyclists are at a particular risk for a car accident. Bikers are largely unprotected against the larger, heavier steel frame of an enclosed vehicle, often resulting in serious injuries in the event of a collision. Statistics listed by the Insurance Institute for Highway Safety indicate that motorcyclists are 30 times more likely to die in a crash than people who are in a car.

Was your car wreck caused by a distracted driver?

If you have been injured by a distracted driver, or if you lost a loved one because of the actions of a negligent driver, you have experienced the pain and trauma that often follow. Unfortunately, West Virginia drivers and every motorist across the country are at a higher risk for accidents as distracted driving is a growing concern. If you are unsure of what factors contributed to your car wreck, it is possible that distracted driving was the cause. 

Distracted driving is a term that encompasses any behavior or activity that takes the attention of a driver off of the road. This can include adjusting the radio, talking to a passenger, talking on the phone or texting. Just 10 years ago, cellphones were not as prevalent, and drivers enjoyed a lower risk for car accidents. 

Cancer victims and wrongful termination: victim rights

According to the Americans with Disabilities Act, West Virginia employers cannot discriminate against employees with a physical disability. A person who is diagnosed with a condition that could impair his or her ability to work, such as a cancer, should take steps to fully understand his or her rights. When a cancer patient is subjected to wrongful termination or harassment, legal options are available. 

It is important to note that an employer may not ask a potential hire if he or she has had cancer or is currently receiving cancer treatments before offering a job. It is also illegal for an employer to ask if an individual has ever needed leave from work for surgery or medical treatment. However, certain questions about the applicant's ability to complete job-related tasks may be asked.

Truck accident claims the life of a West Virginia trucker

An employee with the West Virginia Division of Highways died in an accident that occurred while he was on the job. The collision involved five vehicles total, one of which was a truck owned by the Division of Highways (DOH). The deceased was not inside a vehicle at the time of the truck accident, and it is not immediately known if anyone else was injured in the accident.

The fatal accident occurred as an area of U.S. 50 was being resurfaced. A semi truck caused the accident as it entered the only open lane traveling westbound alongside the construction zone. According to the accident report, the truck hit three of the five vehicles during the course of the accident. The man was pinned between the truck owned by the DOH and another vehicle. 

Victim of sex discrimination? We can help.

Every West Virginia worker has the right to a workplace that is free of harassment and discrimination of any kind. If you have experienced harassment or sex discrimination, it can be difficult to know how to proceed in order to protect your rights. Improper treatment at work can make it difficult to do your job well and may affect your emotional health.

Sexual harassment and sex discrimination in the workplace are illegal. If you have been passed over for a promotion in favor of a male with the same qualifications and seniority as you, that is discrimination based on gender. Additionally, female employees should be paid the same amount as men for equal work. Female employees also should be offered the same benefits and the same amount of vacation time as men. 

Did a fatal accident affect your family? We can help you.

The unexpected death of a loved one can have negative implications for years to come. One moment can change the direction of your family, leaving you with medical bills, funeral costs and other accident-related expenses. The turmoil of a fatal accident is devastating, which is why we believe that West Virginia families should not have to face these difficult circumstances alone. 

It is difficult to comprehend how the death of a loved one will continue to impact you for years to come, but we can help you seek compensation that will cover all of your long-term needs. In addition to immediate costs and expenses, you must consider how the loss of your family member's income and companionship will affect you in the future. Compensation may be granted for both financial and emotional pain and suffering.