Akers Law Offices, PLLC
Free Consultation
Charleston Personal Injury Law Firm
Main Menu
A West Virginia Lawyer Who Understands Your Needs

Charleston WV Personal Injury Law Blog

Recompense for medical malpractice or negligent nursing home care

It is frustrating when you or a loved one suffers physical and financial harm due to the neglect or errors of a medical professional. Even simple mistakes can lead to serious or deadly consequences for West Virginia victims, but families and patients have the right to take legal action over medical malpractice or negligent nursing home care. Doctors, nurses and other health care providers can be liable for damages to those under their care. 

Medical mistakes are often preventable and victims are left with a longer recovery. In turn, this leads to medical bills, rehabilitation costs and even loss of quality of life. The question is, who is responsible for these mistakes? It can be complex to determine who should shoulder the cost of these mistakes and legal claims can be even more difficult to validate without legitimate evidence.

Car accident numbers increasing, phone use may be to blame

In West Virginia and elsewhere, distraction is a major problems on the roads and highways. The introduction of the smartphone to American culture has led to an increase in distracted drivers which, in turn, has caused an increase in the number of traffic fatalities. Despite laws and safety measures enacted by lawmakers and vehicle manufacturers, car accident fatalities continue to rise.

In the first half of 2015, the number of deaths related to car accidents across the country increased by 8.1 percent. This may indicate that smartphone use could be to blame, but experts also note that other factors could play a role in the startling increase of these numbers. Cheaper gas prices across the country may have encouraged more drivers to drive for leisure, which would also account for an increase in the number of accidents.

Addressing unexpected expenses after a fatal car accident

When a loved one is killed in a car accident, it can leave a family feeling overwhelmed by grief and uncertain of how to deal with the unexpected loss. Funeral expenses and other end-of-life costs can be a burden for a family already reeling from the death of a family member. If the fatal car accident was caused by the negligent actions of another person, a West Virginia family may be able to pursue compensation for their associated losses. 

The sudden death of an individual is even more tragic when it could have been prevented. Drivers who are reckless or negligent can cause injuries to those around them, but they can be held accountable for their actions. Families who are considering filing a wrongful death claim would be wise to work with a lawyer who understands how to carefully navigate the process and who is committed to building a strong case for a family. 

Wrongful death claim filed against nursing home

When medical providers in West Virginia are neglectful, an individual may end up losing his or her life. One woman in another state said multiple health care providers were careless with her mother and that this led to her mom's death. She has therefore filed a lawsuit against the medical providers, alleging wrongful death.

The plaintiff said her mother suffered multiple health problems while under the care of three different medical centers, including two rehabilitation centers and a hospital. For instance, she suffered from serious dehydration and an infection of the urinary tract. She also had acute kidney failure as well as a wound to the head from falling.

Man allegedly fired unjustly settles lawsuit

Being wrongfully fired can cause harm to a person's reputation, in addition to causing financial harm to the person. One man living outside of West Virginia claimed he was fired unjustly after being accused of engaging in discrimination and harassment. The man recently settled a civil suit against his employer for $60,000.

The man worked for a state governor, when he was reportedly terminated without explanation. The man said he was additionally denied the chance to respond to allegedly unfounded claims of racist behavior, as well as sexual misconduct involving a female worker. As part of the lawsuit, the state declared that there was no evidence that he behaved in a discriminatory manner or harassed an employee.

Get experienced legal help after workplace accidents of any kind

When a worker is injured on the job, it can be an intimidating task to inform the employer and initiate the steps needed to file a workers' compensation claim. Thankfully, injured workers have the right to seek help from a lawyer experienced in handling claims arising from workplace accidents. Without help, an injured employee takes the risk of missing out on compensation needed for medical care or lost wages from missed work. 

West Virginia employees are typically entitled to certain benefits after a work accident, including the right to medical care necessary for a full recovery. If the employer was aware of the dangerous conditions or hazards that led to an accident and did nothing to correct the problem, it may be appropriate to take legal action in order to claim rightful recompense. In some cases, a lawyer can determine if an injured worker has the proper legal grounds to file a claim against a third-party for its role in an accident. 

Did you suffer a head injury in a car accident? You have options.

Head injuries range in type and severity from minor contusions to serious traumatic brain injuries. The effects of a head injury, even a minor one, can last a lifetime. West Virginia car accident victims may hesitate to take legal action, thinking that their injuries do not merit civil claims. However, the lingering effects of a head injury may necessitate financial compensation in order to achieve a full recovery and ensure future financial stability.

A concussion is a common type of injury sustained in a car accident. A victim may suffer from the effects of this injury for days or weeks and be unable to work or drive. Some brain injury victims may not realize the extent of the damage that has been done until weeks or months have passed since the initial accident. Brain injuries vary in severity and type from person to person, but every West Virginia car accident victim has rights that should be protected. 

Understanding causes and effects of pedestrian accidents

Pedestrians enjoy the freedom to walk, run or stroll along sidewalks and roads for recreational or health purposes. Others choose to travel by foot when possible because they are in a city or have limited transportation choices. Despite the many benefits of walking, these individuals face an increased risk of pedestrian accidents. Sadly, many of these accidents could have been prevented with care and vigilance.

According to the Center for Disease Control, in 2012, over 4,700 individuals were killed and approximately 76,000 were injured in pedestrian accidents. West Virginia readers will note that this equates to one pedestrian death in the U.S. every two hours. Additionally, a pedestrian is injured every seven minutes. It is important to understand what causes these accidents, as well as victim rights and options after an accident.

Who is liable for damages from truck accidents?

Truck accidents are different from other types of motor vehicle accidents in that liability may lie with multiple entities. Because of the serious nature of truck accidents involving small, more vulnerable vehicles, truckers and trucking companies have a special responsibility to practice caution. When accidents do happen in West Virginia, it is possible that both the driver and the trucking company are liable for the damages.

Truck accident cases tend to be complex. Trucking companies and insurance providers often push back against injury claims filed by motorists, claiming that the injured parties are solely or partially responsible for the accidents. It is important for victims to work with legal teams that know how to investigate truck accidents and identify the parties that should be held accountable.

Sex discrimination in the workplace: the rights of victims

West Virginia workers have the right to a place of employment that is free of harassment and discrimination. When sex discrimination does occur in the workplace, victims have every right to take action, putting an end to the unacceptable treatment and seeking damages for what has been done. Those who have been subjected to discrimination in West Virginia should take immediate steps to protect these rights.

Sex discrimination is unfair treatment based on a person's gender. Victims of this type of mistreatment may notice that they have been passed over for a promotion for which they were well-qualified or denied a raise for no reason. In other cases, victims may be subjected to inappropriate jokes or other actions, both subtle or overt, that make it difficult to complete tasks. Over time, it becomes unbearable to work in a hostile work environment.