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Charleston WV Personal Injury Law Blog

Is arbitration right for your wrongful death claim?

Nobody really looks forward to all the anxiety and uncertainty of a trial in any type of a personal injury suit, including wrongful death claims. That's why many cases are settled out of court after the parties reach an agreement they can both tolerate.

What about the times when you and the other party can't come to an agreement?

A former Heritage Care Nursing Home resident alleges negligence

A dementia patient, who had previously resided at Heritage Care Nursing Home, filed a lawsuit against the facility and its owners on Dec. 4, 2017. She alleges that she was treated negligently at their hands during the nearly eight months during 2016 and 2017 that she lived there.

The filing, which is slated to come before a Kanawha Circuit Court judge at a undetermined future date, lists the Huntingon, West Virginia-based Genesis Healthcare LLC, the facility's owner, as one of the defendants. Also listed as a party to the lawsuit are at least 20 other unidentified parties, presumably nursing home employees and administrators.

What are the early warning signs of a concussion?

A blow to the head can be every bit as serious as it sounds, as this can cause a variety of injuries.

A concussion, for example, is a serious brain injury that can impact your life in many ways. For example, a concussion typically requires quite a bit of rest, meaning that you are unable to do your job for an extended period of time.

What kinds of social media posts can get you fired?

In today's world, the line between what's personal and private and what's public and available for the world to see gets blurred all the time, largely thanks to social media.

Many younger people use social media almost like an online diary, telling the world things that make older people cringe. While it has been said before, it bears repeating that a careless Facebook or Twitter post can get you fired.

Why do women soccer players suffer more serious brain injuries?

The majority of research on the impact of concussions and other brain injuries on athletes has involved men. However, recent research has found that when it comes to soccer, female athletes suffer more serious brain damage than their male counterparts -- at least when it comes to injuries suffered from heading the ball.

Differences in the reporting of brain injuries was based on gender. However, it was believed by some that women were just more likely to report symptoms than men. This new research indicates that brain injuries -- at least those caused by this activity -- affect men and women differently.

A man falls down a roof shaft, suffers a traumatic brain injury

What one up-and-coming San Francisco attorney thought was going to be an opportunity to catch a unique view of the city on a pleasant evening in Feb. 2017, ended up being much more life-altering than he expected. That evening, he had the misfortune of stepping atop of an uncovered, narrow exhaust pipe on the building's roof in the darkness.

After a 40-foot fall, he became trapped deep down inside of the shaft. Rescuers ultimately had to drill a hole into a wall in the apartment below to free him from his three-by-three foot cell.

Truck driver fatigue is just as dangerous as it sounds

Commercial truck drivers spend hours on end on the road. While this doesn't sound like a big deal, it's important to remember that fatigue can set in at some point. When it does, there's a greater risk of the person causing an accident.

A fatigued driver could fall asleep at the wheel or have a delayed response time.

Symptoms of a bleeding brain

Trauma is one of the leading causes of a brain bleed or a hemorrhage. This could come from a fall off of a ladder at work, for instance, or a car accident.

It's important to note that this could be a closed injury, meaning there's not external bleeding or penetration into the skull. This is why people sometimes assume they haven't been hurt when that couldn't be further from the truth.

Claims under the West Virginia Human Rights Act

The West Virginia Human Rights Act is a state law that's designed to be an enhancement of federal anti-discrimination laws -- although many workers are unaware of its existence.

The state law prevents any employer with 12 or more employees from discrimination based on a number of factors:

  • Race
  • Sex
  • Religion
  • Color
  • Gender
  • Age
  • National origin
  • Ancestry
  • Familial status

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