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Charleston WV Personal Injury Law Blog

What are the signs of nursing home abuse and neglect?

When you help a loved one move into a nursing home, you expect that they'll receive nothing but top-notch treatment around the clock. While this typically happens, don't be blind to the fact that nursing home abuse and neglect remains a major problem.

Don't assume that the nursing home facility is doing everything that's required of them. Instead, keep a close eye on everything to ensure that your loved one is receiving the care they require and deserve.

Don't take chances if you hit your head on the ice in a fall

Slip-and-fall injuries can be devastating, particularly if head trauma results. With many parts of the nation experiencing significant snowfall right now, let's look at a few important reminders involving slip-and-fall accidents and head wounds.

Should you go to the emergency room after falling on the ice?

West Virginia men contend they were fired because of their ages

Two men are suing Union Carbide Corp., alleging they were fired from their jobs because of their ages.

The men also have named a company employee in the lawsuit, contending she was involved in the decision to terminate their employment.

Tips to follow when driving in the snow

During the winter months, most West Virginia residents come to terns with the fact that they'll spend a good amount of time dealing with snowy conditions. As a driver, it's imperative to understand the impact of snow on the way you tackle the road.

Here are five tips to follow when driving in the snow:

  • Accelerate and decelerate with care: Neglecting to do so can result in tire spinout, which increases the risk of losing control of your vehicle and causing an accident.
  • Slow down: Some people drive the same speed in the snow as they do on dry pavement. It's best to slow down when tackling winter weather.
  • Leave a greater following distance: This goes along with slowing down. Since it takes longer to stop your vehicle in the snow, you don't want to drive too closely to the vehicle in front of yours.
  • Don't stop: When you stop your vehicle in snowy conditions, you may not be able to regain traction. This can leave you stranded.
  • Be careful on hills: When traveling down a hill, proceed slowly so you don't begin to slip. When traveling up a hill, keep a slow and steady pace.

Trucking accidents are on the decline in the United States

American highways are getting safer -- at least when it comes to truck accidents.

According to data from the Federal Highway Administration (FHA) and the National Highway Traffic Safety Administration (NHTSA) for 2016, there have been some significant decreases in the number of fatal accidents involving large trucks. That's despite the fact that there are about a million more of those big rigs on the road than there were less than a decade before.

Actress speaks about about sexual harassment settlement

It may seem like people who work in show business aren't subject to the same laws requiring workplace behavior as those of us who work in offices, factories and other more traditional workplaces. However, that's not true. Everyone should be able to feel safe from abuse and harassment in any workplace. If they don't, they have a right to take action.

That's what actress Eliza Dushku did. While working on the CBS television series Bull, Dushku says that the show's star Michael Weatherly (whom many people know from his years on the hit CBS series NCIS) made repeated inappropriate comments of a sexual nature to her, including a "joke" about a rape van. She says that when she complained about the behavior, she was fired from the show.

Take action after sexual harassment at work

If you are a victim of sexual harassment at work, you have two options. Take immediate action to protect yourself and your legal rights, or hope that the person stops without being pressed to do so.

You should never have to work in an environment where sexual harassment is a concern. There are steps you can take to better your situation, including the following:

  • Speak your mind: Start by telling your harasser they need to stop, right away. If that doesn't work after one warning, let your human resources (HR) department know what's happening. Speaking up is often times all it takes to make progress.
  • Follow your employer's guidelines: You can usually find information on reporting sexual harassment in your employee handbook. This will provide a template for the action you should take if you find yourself in this position.
  • Follow up: It's one thing to ask your company for help, but another thing entirely for them to give it. Follow up often to ensure that they're looking into your claim and working to solve the problem.
  • File an administrative charge: If you don't make any progress by using your company's internal reporting procedure, contact the Equal Employment Opportunity Commission (EEOC) or the appropriate department within your state government.
  • File a lawsuit: It's a step most people don't want to take, but you shouldn't feel bad about doing so if it means protecting your legal rights and employment. Through litigation you can fight for things such as compensation, reinstatement (if you lost your job) and damages for the emotional impact.

Whitey Bulger's relatives to pursue wrongful death claim

The American judicial system is represented by the statue of a blindfolded woman because the scales of justice are supposed to treat everyone the same -- including convicted murderers. Even the most hardened prisoner has certain rights that cannot be ignored.

Relatives of Whitey Bulger, an infamous crime boss who was finally arrested and convicted after years on the run, say that those basic rights were ignored by prison officials in West Virginia when the then-frail and elderly mobster was wheeled into a prison that is considered one of the most dangerous in the country. As such, representatives of his estate intend to file a wrongful death claim.

How do you know if you were illegally terminated?

Upon getting fired, very few people say, "Yeah, I deserved that." Most people believe their termination was unfair. However, was it illegal? That's a completely different question. West Virginia, like most states, has what's called "at-will employment." That means that either the employee or employer can end the relationship without cause or notice for a variety of reasons -- or for no specific reason.

However, there are times when firing an employee is illegal. This is known as "wrongful termination." Let's look at a few examples:

Take these steps to decrease the risk of a car accident

As a driver, your primary goal is to reach your destination safely and without incident. Unfortunately, even with this in mind, you only have so much control over what's happening around you.

Here are five steps you can take to decrease the risk of being part of a car accident:

  • Watch other drivers: Even if you're driving safely, it doesn't mean that other drivers will do the same. Watch for people who are not paying attention to the road and/or driving in a reckless manner.
  • Slow down: This doesn't mean you should drive dangerously slowly, but at the same time you don't want to drive in excess of the speed limit.
  • Slowly pull into traffic: It doesn't matter if you're pulling away from a stop sign or traffic signal, do so with extreme caution.
  • Be careful at intersections: As you approach an intersection, watch for drivers who may not be prepared to stop. Just because you have a green light, for example, doesn't mean all cross traffic will stop.
  • Don't tailgate: When you drive too closely to another vehicle, you have less time to stop. This increases the risk of a rear-end collision.

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