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Charleston WV Personal Injury Law Blog

Facing dangerous semi trucks on West Virginia roads

Semi trucks and other commercial vehicles play an important role in our state's economy. As these trucks comprise such a large part of the transportation system, ordinary motorists must often drive alongside or near these vehicles almost every day. Unfortunately, truck accidents do occur and may result in catastrophic injuries when smaller automobiles collide with such a formidable obstacle.

You probably already know that sometimes these accidents happen because the driver was negligent in his or her actions. In these cases, you have the right to seek compensation for your injuries and even your suffering. Most any personal injury lawyer would advocate on your behalf and help you navigate the West Virginia legal system. The attorneys with the Akers Law Offices are no exception. However, we also want to educate you on why semis present such a danger to motorists.

What are the rights of West Virginia nursing home residents?

As you might imagine, residents of nursing homes and assisted living facilities in West Virginia are supposed to have the same rights as every other human being. Unfortunately, senior citizens and infirm patients are some of the most vulnerable residents of the nation. This makes it all too easy for other parties to harm them or violate their rights, even in an ordinarily safe nursing facility. To put a clear point on the rights of these residents and prevent nursing home neglect and abuse, the government enacted the Nursing Home Reform Law in 1987.

The intent of the law is to make certain that nursing homes services nurture the mental, psychosocial and physical well-being of patients. One of the main goals of this philosophy is to promote an individual's dignity and self-determination. In short, the health or well-being of a patient in a nursing facility should never decline because of the way care is provided.

Study looks at link between brain injury and Alzheimer's

A traumatic brain injury can impact a person's health long after the immediate symptoms have faded. More and more former professional athletes have come forward to discuss the neurological and mental health problems they've had long after their playing days were over. Families of those who passed away, such as football great Frank Gifford, have had their loved ones' brains autopsied to confirm that they did indeed suffer from the progressive brain disease chronic traumatic encephalopathy, more commonly known as CTE.

While TBIs are commonly associated with repeated head trauma experienced by athletes and with explosions and other combat-related incidents experienced by military personnel, the fact is that most TBIs are caused by other types of injuries, such as those suffered in car accidents. Therefore, it's important for everyone to understand the potential for someone who has suffered a TBI to develop neurodegenerative conditions later in life.

West Virginia can be a dangerous place to work

No one who lives in and loves West Virginia would ever dispute the advantages of working in our bountiful state. As a leading provider of many of the nation's industrial needs, West Virginia offers workers a rich employment landscape. However, a place offering such a bounty of valuable resources and plentiful employment opportunities does not come without risks to workers.

As of the spring of 2015 NewsMax lists the following as the five leading industries offering work to West Virginia residents:

Responding to elder abuse and neglect in West Virginia

It is hard for a person to imagine a time when he or she will be the one providing care and/or making medical care decisions for a parent. However, many people in West Virginia are currently facing this reality. In many cases, family members make the decision that the best place for their loved one is in a nursing home or other type of long-term care facility. For these people, it is necessary to be able to recognize and respond appropriately to instances of elder abuse and neglect.

There are many forms of abuse that can occur, including physical, sexual and verbal. Neglect is considered the willful disregard of duty and could involve failing to provide adequate medical care or nutrition or failing to provide a patient with human interaction. All patients in such a facility have certain rights according to federal and/or state law.

Cosmetic surgery procedure leads to brain injury

There are a variety of reasons why a person in West Virginia might undergo surgery. For some, they need surgical intervention to improve or prevent a medical condition while others elect such an action to improve their self-esteem. While there are risks associated with any type of surgery, those risks are likely increased if medical care professionals do not respond appropriately to medical emergencies that arise. Unfortunately, one out-of-state woman claims that her daughter suffered a brain injury during a breast augmentation procedure.

Her daughter was 18 in Aug. 2013 when she underwent the procedure. Once completed, the patient's blood pressure reportedly dropped to dangerously low levels. She lost consciousness and was struggling to breathe. The doctor who delivered the anesthesia reportedly worked for over 30 minutes attempting to revive her. She was eventually transferred to the hospital where she spent several weeks in a coma.

College president files lawsuit over employment termination

A person starting a new job is likely aware that if one's job performance is not up to the employer's standards, he or she could be fired. Unfortunately, some people in West Virginia have found themselves facing an employment termination for unfair, and possibly illegal, reasons. One out-of-state woman has recently made such claims and filed a lawsuit against the college that fired her.

In Nov. 2015, the woman was hired to replace the retiring president. Under her contract, she started work in Jan. 2016. The contract ran through Summer 2018. However, just months into her employment, the school's trustees voted to suspend her. Approximately one month later, the trustees voted unanimously for termination.

Arrest follows fatal car wreck in West Virginia

The potential dangers of driving under the influence of drugs and alcohol are well-publicized in an attempt to deter such behavior. Unfortunately, drivers in West Virginia and across the country continue to drive after consuming such substances, often causing serious injuries to the innocent people with whom they come into contact. For example, police believe the driver they say caused a fatal car wreck was under the influence at the time.

The accident happened on a major interstate one day in mid-June. According to police reports, a car driven by a 23-year-old male struck the side of a tractor-trailer. The driver then lost control of his vehicle. Other cars in the area slowed to avoid the accident, causing additional collisions.

Zillow settles sexual harassment lawsuit, among other claims

When a person in West Virginia who is seeking a job finally receives an offer, he or she is likely thrilled with the news. When the job offer comes from a well-known company that appears to becoming increasingly popular, the news is even more exciting. Unfortunately for several employees of Zillow, their experience with the company was apparently unpleasant. The company has recently settled several federal lawsuits, including at least one alleging sexual harassment.

The different cases cover a variety of allegations, including discrimination based on age and race. For example, a number of Black defendants claim that they were referred to derogatorily and that they were moved to the rear of the sales floor. One woman alleges that she was accused of abandoning her job, but she claims she was actually in the hospital.

Nurses charged after patient suffers nursing home injuries

Most families in West Virginia want nothing more than to provide for the needs of their loved ones. Unfortunately, those who are severely disabled or elderly often require care that is beyond what the average person can provide. As a result, families make the often difficult decision to place their loved ones in nursing homes or rehabilitation facilities. Despite the promises made by these facilities that patients will receive the utmost care, many patients fall victim to nursing home injuries. For example, three workers in an out-of-state facility were charged with crimes for their alleged neglect of an injured patient.

The incident occurred in Oct. 2014. Surveillance footage shows a severely disabled 51-year-old man, a patient at the facility, after he fell and suffered a heady injury. Authorities contend that two nurses ignored the man as he crawled on the floor bleeding. After approximately 10 minutes, he was reportedly dragged into his room by a nurse's aide.

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