Top Rated Charleston, WV Medical Malpractice Attorney

According to the Institute of Medicine at the National Academy of Science, medical errors are the eighth leading cause of death among Americans. If a doctor, hospital, nurse or nursing home made a medical mistake that caused you or a loved one injury or death, it is important to speak with a lawyer experienced in litigating medical malpractice cases as soon as possible.  Medical malpractice is a very specialized area of personal injury law that requires exceptional skill in understanding and communicating the complex issues generally involved in medical malpractice claims.  West Law Offices has the skill and experience needed to help you win your malpractice claim.

Why Hire a West Virginia Medical Malpractice lawyer?

Doctors and hospitals want West Virginian’s to believe that medical negligence is rare, but the Institute of Medicine estimates that over 50,000 Americans die each year from preventable medical errors. That’s more than the total who die each year from motor vehicle accidents, breast cancer, or AIDS.  Many patients feel helpless when they’re injured by a doctor and wonder what if anything they can do if they or a loved one has been harmed by a medical error.  Unfortunately, many West Virginia lawyers no longer handle medical malpractice claims due to changes in West Virginia law that make winning such claims more difficult.   However, West Law Offices is committed to continuing to represent West Virginian’s who have been injured by the medical negligence of a doctor or other health care provider.

For a free consultation, Contact a medical malpractice lawyer at West Law Offices today.  Call us toll free 1-877-943-9378. We will evaluate your medical malpractice claim, recommend what actions to take, and help you obtain the compensation you need and deserve. We will also help you make medical care safer for future patients.

WV Medical Malpractice Article of the Week

Top Rated Charleston, WV Auto Accident Attorney

Auto accidents often cause serious and sometimes permanent injuries that require extensive medical treatment.  Unfortunately, many primary care physicians don’t know how to treat these injuries and don’t make proper referrals to specialists who do.   These are some of the reasons unrepresented car accident victims often settle their cases for too little money before they have gotten all the medical care they need.

Another reason it is important to at least speak with an car accident attorney immediately after an accident is that auto insurance adjusters will often ask accident victims to give a recorded statement before they have had a chance to speak with an attorney.  This can be a real problem in obtaining a fair settlement because auto insurance adjusters will sometimes manipulate accident victims, with leading and argumentative questions for example, to make statements that hurt their claim and do not accurately reflect the truth.

Additionally, evidence needs to be preserved as soon as possible after a car accident before it is lost forever.  For example skid marks often quickly fade and need to be properly photographed as soon as possible.  These are some of the reasons it’s important to at least speak with an attorney who specializes in car accidents as soon as possible after your accident.  That is why a West Virginia car accident attorney at West Law Offices is always available for a free consultation.  We will explain your rights and options and let you know if we think you need a lawyer.  Call us today toll free at 1-877-943-9378.

Compensation for West Virginia Car Accident Claims

Under West Virginia law, you may have the right to recover money damages if you have been injured in an auto accident that was caused by negligence or misconduct of another. Compensation from a settlement or jury verdict generally includes money for the following:

1. Medical costs for past, current, and future care
2. Property loss
3. Lost wages, including lost benefits such as sick, vacation & personal days off
4. Loss of consortium
5. Pain and suffering caused by your car accident
6. All other harms, losses, and injuries caused by your accident

Dealing with Auto Insurance Adjusters

If you’re injured in a West Virginia car accident, a representative of the negligent party’s auto insurance company may call and make an offer to settle your West Virginia auto accident claim.  Please remember that signing a release in exchange for a quick settlement check will terminate your rights to fair compensation forever, even if you need future medical care. Also, despite the pleasant picture insurance companies try to paint of themselves with billions of dollars in advertising, keep in mind that insurance companies are businesses out to make a profit.

Therefore, even if the insurance company makes what you believe is a fair settlement offer, it may be in your best interest to contact a Charleston, West Virginia car accident lawyer to evaluate your case and the auto insurance adjuster’s settlement offer.  A West Virginia auto accident attorney at West Law Offices will let you know whether he thinks the insurance company’s offer is fair.  We will also let you know whether we think you need an attorney – sometimes you don’t.  However, if you do need an attorney and decide to allow West Law Offices to handle your auto accident claim, we will not charge you a fee until we win your case.

West Virginia Car Accident Attorney Article of the Week

Injured in a Car Accident?  Avoid these mistakes:

Since nobody expects to be involved in a auto accident, most of us don’t adequately prepare for an event that affects most people at some point in their lives. However, what you do and, perhaps more importantly, what you don’t do following a car accident can significantly impact whether you receive fair compensation for your injuries. My experience as a Charleston, West Virginia car accident lawyer has taught me that there are a few common mistakes that people often make following an auto accident.  Becoming aware of them is a good way to protect yourself.

1.  Not seeking immediate medical attention

The most common mistake I see as a West Virginia car accident lawyer is that clients often don’t seek immediate medical attention after an accident. Often, folks just want to try and “shake it off” and hope that their pain and injuries will just go away. While this is a normal reaction to a car accident, an insurance adjuster will attempt to use this delay in treatment to argue that the claimant involved in the car accident was not really injured but just out to make a quick buck.  Your car accident attorney will also need to show that your injuries are directly related to the auto accident. The sooner that you’re injuries are evaluated and diagnosed, the easier it will be to prove that they are the result of the other driver’s negligence.

2. Not reporting the auto accident to the police

People sometimes fail to report their car accident to the police when they think they’ve only been involved in a minor auto collision. This may be because they don’t want to wait around for the police or because they think it is unnecessary if there was not a lot of damage to the vehicles or the occupants. A police report can be extremely helpful to your case, though, if the other driver was at fault. While not definitive proof of negligence on the part of the other driver, it can be helpful if the police officer attributed fault to the other driver.

3. Not getting witnesses’ information

Investigating officers sometimes fail to include witnesses’ contact information the West Virginia Auto Crash Report.  An objective third party witness can be critical to a car accident claim if the other driver denies fault.  So,  if possible, get the witnesses’ contact information yourself.  Take pictures of them and record their statements, too, if you can.

4. Talking to the car insurance company

Many people speak with the other driver’s insurance company before first consulting with an experienced car accident lawyer. Some even think they are obligated to talk to them and give them recorded statements about the auto accident. This is NOT true. You may be sure that fault is clear and that giving your version of the auto accident can’t hurt you, but remember that the person calling you works for the OTHER person’s insurance company. You may easily say something that they can and will try to use against you when it comes time to settle your West Virginia car accident claim.  The easiest way to avoid making any of these common mistakes is to contact an experienced West Virginia car accident lawyer as soon as possible. If you would like a free detailed evaluation of your West Virginia auto accident claim, we invite you to contact an experienced Charleston, West Virginia car accident attorney at West Law Offices.  Call us toll free at 1-877-934-9378.  For more legal tips & advice please visit our West Virginia Personal Injury Lawyer Blog.

Additional West Virginia Auto Accident Resources:

West Virginia Auto Insurance Minimums – Beware!

West Virginia Bad Faith Car Insurance Lawyer

WV Uninsured and Undersinsured Car Insurance Coverage – Part I

WV Uninsured and Underinsured Car Insurance Coverage – Part II

West Virginia Comparative Fault Lawyer

Contact a Charleston, West Virginia Car Accident Attorney

To receive a FREE evaluation of your West Virginia car accident claim, call an experienced Charleston, WV car accident lawyer at West Law Offices toll free at 1-877-943-9378. Or fill out our free WV car accident evaluation form at the top left of this page.

Whiplash is a nonmedical term often used to describe an injury to the soft tissues of the neck.  However, doctors still sometimes use this term or they may use more specific terms such as cervical strain, cervical strain, or hyperextension injury.  In whiplash injuries, some or all of the soft tissues of the neck are injured including the discs, tendons, ligaments, cervical muscles, and nerve roots.

What Causes Whiplash?

Whiplash is caused by an abrupt jerking motion of the head often when the victim is not suspecting it.  Car accidents are the most frequent cause of whiplash injuries.  However, slip and falls, work related accidents, contact sport injuries, being assualted and most other types of accidents can cause whiplash.  Car accidents that involve speeds as low as 15 miles per hour can cause whiplash injuries, and lower speed impacts do not necessarily mean less severe injury to the neck.

What Are the Symptoms of Whiplash?

Whiplash symptoms may be delayed for 24 hours or more after the initial trauma. However, the sooner you develop symptoms, the greater chance of serious and sometimes permanent damage.  People who have suffered a whiplash injury will develop one or more of the following symptoms.

• Neck pain and stiffness
• Difficulty moving the neck causing limited range of motion
• Headaches
• Pain in the shoulders or between the shoulder blades
• Back pain
• Muscle spasms in the back
• Pain or numbness shooting from your neck into either shoulder or arm
• Dizziness
• Ringing in the ears or blurred vision
• Irritability, sleep disturbances, fatigue

How Is Whiplash Diagnosed?

In most cases, whiplash injuries involve soft tissues such as the discs, muscles and ligaments of the neck, and cannot be seen on X-rays. Specialized imaging tests, such as CT scans or magnetic resonance imaging (MRI) may be required to diagnose whiplash.

When to Seek Medical Treatment

The best time to seek medical treatment is immediately after a neck injury.  The risks associated with a possible neck injury are great, so it’s best not to attempt to diagnose and self-treat.  Also, if the injury was caused by a car accident, any delay in treatment will likely be used by the insurance adjuster to minimize any property bodily injury claim you may have.  The insurance adjuster will likely argue that if you were really injured, then you would have sought immediate medical attention.

Many doctors advise that you should call 911 emergency medical services if you develop any of the following symptoms shortly after injury:

• Neck pain
• Shoulder pain
• Headache and/or dizziness
• Pain in either or both arms, especially if radiating from the neck
• Weakness or tingling in the arms or legs

How Is Whiplash Treated?

No single treatment has been scientifically proven to be effective for every whiplash injury.  In my experience as a personal injury lawyer working with many clients who have suffered a whiplash injury, each person responds differently to the different available treatments.  For example, chiropractic care works for some patients, whereas physical therapy works much better for others.  I have seen many personal injury clients improve only a little after seeing a chiropractor only to get completely better after they received physical therapy.

The standard treatment options include pain relieving medications such as ibuprofen, Motrin or Aleve sometimes accompanied by prescription muscle relaxers.  However, medicine will not cure a whiplash, so one or more of the following will likely be necessary to help heal the damage caused by the whiplash: gentle exercises, physical therapy , massage, heat, ice, injections and ultrasound.

Contact a West Virginia Whiplash Injury Attorney

The above is not intended to be medical advice as I am a personal injury lawyer not a doctor. So if you have suffered a neck injury, please consult your doctor or 911.  If you have been injured in a car accident or by negligence, please feel free to contact a West Virginia personal injury lawyer at West Law Offices for a free consultation .  Call us today toll free at 1-877-943-9378.

Used or Hand Me Down Cribs

Most crib deaths and injuries occur in used or hand me down cribs.  Although, it’s important to inspect any crib you use for your baby, a used crib requires an even more thorough inspection.  In addition, do not use older or used cribs with decorative cutouts as many of them are unsafe and may contain lead paint.  It is also important to check if these older cribs have been recalled.  You can go to www.cpsc.gov/cgi-bin/recalldb/model.asp  to determine what cribs have been recalled.

Crib Design Checklist

Below is a checklist to go over before placing your baby in a new or used crib:

1. Spaces between slats.  Slats should be spaced no more than 2 3/8 inches apart.  All cribs manufactured after 1974 are required to meet this safety requirement, but it’s best to measure yourself.
2. Missing slats.  Missing slats can cause a number of injuries including causing the child’s head to become stuck depleting his or her oxygen, which can cause brain damage or death.
3. Sharp Edges.  Many children each year are seriously injured by a crib’s sharp edges.
4. Cutout areas on the headboard or footboard.  Cribs with this design are needlessly dangerous and should not be used.
5. Top Rails Height.  The top rails should be at least 26 inches above the top of the mattress.
6. Crib Height.  Set the mattress at its lowest position as soon as children call pull themselves up and stand.  The crib should no longer be used once the height of the top rail is less that three-fourths the child’s height.
7. Missing Screws or Bolts.  This problem can cause cuts and abrasions or lead to slats popping off the crib creating the dangers mentioned above.
8. Crib Hardware.  The crib’s hardware should be periodically checked, and the drop latches must be too difficult for a child to release.
9. Crib Mattress.  The mattress must fit tightly into the crib so that no more than two fingers can fit between the edge of the mattress and the crib’s frame.  The mattress should be firm.
10. Bedding.  Avoid soft bedding and put your baby to sleep on his or her back.

As a West Virginia personal injury lawyer, I see a lot of accidents and injuries that could have been prevented.  I hope the crib checklist above helps you keep your baby safe.  If your baby has been injured by a defective crib, please feel free to call us for a free consultation to discuss your options at 1-877-943-9378.

Top Ten Home Playground Safety Checklist

1. Install and maintain a shock-absorbing surface around the play equipment. For example, use at least 9 inches of wood chips, mulch or shredded rubber for play equipment up to 7 feet high. If sand or pea gravel is used, install at least a 9-inch layer of the material for play equipment up to 5 feet high.
2. Install protective surfacing at least 6 feet in all directions from play equipment. For swings, be sure the surfacing extends both in back and front to a distance twice the height of the suspending bar.
3. Never attach or allow children to attach ropes, jump ropes, strings, clotheslines or pet leashes to play equipment. Children can strangle on these.
4. Check for faulty or worn-out hardware.  For example open “S” hooks or protruding bolt ends can be hazardous.
5. Remove or securely cover sharp points or edges on the equipment, which also can be dangerous to children.
6. Check for spaces that could trap children such as openings in guardrails or between ladder rungs.  These spaces should measure less than 3.5 inches.
7. Make sure platforms and ramps have guardrails to prevent falls.
8. Remove trip hazards like tree stumps and rocks.
9. Regularly check the playground equipment to make sure it is in good condition.  All things wear out over time; playground equipment is no exception.
10. Carefully supervise children on playground equipment to make sure they are safe.

If your child is injured on a public playground or due to the negligence of another in West Virginia, feel free to contact a licensed personal injury lawyer at West Law Offices for a free consultation.

“We are asking for your help to assist local fire departments in their mission to save lives by putting working smoke detectors into as many homes as possible.

However, it’s not always that simple.  When you purchase an auto insurance policy, the insurance company also takes into account who will be driving your car when they give you a rate, and that also affects coverage should a car accident occur.  If, for example, you take out a policy on your new Jeep Cherokee, and you allow your teenage daughter to drive your car even though she is not listed as an insured driver, some insurers will not allow coverage if she has an accident.

Why?  Your insurer asks you when you apply for a policy who will be driving your car.  You list all the drivers and tell the company how much they will be driving.  Many will hold you to that.  They will argue that you should have added your daughter as an insured driver when she started borrowing your car.

Of course your rate would have gone up if you did that because teenage drivers are considered risky drivers.  On the other hand, under West Virginia law, if you have auto insurance on your vehicle, it doesn’t matter who is driving your car at the time of a car accident.  Your insurance policy will at least provide the minimum coverage required by West Virginia law, which is $20,000 for bodily injury.

In summary, there is a category of drivers called “permissive drivers”.  These are friends, neighbors, and relatives who do not reside in your household, but whom you have given permission to drive your car infrequently.  If they have an accident while driving your automobile, even if they have no coverage of their own, they are covered under your auto policy with the same policy limits that you are.  If anybody else is driving your car, such as somebody who does not have permission to drive your car or somebody who is excluded under your auto insurance policy, then they are likely only covered up to $20,000 for bodily injury.

The above article is based on my years of experience as a West Virginia personal injury lawyer.  If you have been involved in an automobile accident and have questions about your insurance policy, I would be happy to discuss it with you free of charge.  If you are shopping for car insurance, I suggest asking your insurance agent detailed questions about these issues.

Settling with the auto insurance adjuster

 Obtaining a full and fair settlement with the insurance adjuster prior to filing a lawsuit is always our goal at West Law Offices.  Although this is not always possible, this is a good goal to strive for to reduce litigation costs and resolve your injury claim as quickly as possible.

To settle your claim with an insurance adjuster for a full and fair amount, it is important to remember that the insurance adjuster will value your auto accident claim (or any other insurance claim) based on the evidence we submit to them.  So, it’s important to save receipts, reports, and photographs of your injuries and property damages.  West Law Offices will obtain all of your medical records and bills and carefully review them for inaccuracies before submitting them to the adjuster.  However, it’s helpful to make periodic notes on how your injuries feel and are impacting your life.

For example, are your injuries preventing you from enjoying activities you enjoyed before the accident?  Are your injuries interfering with your sleep? Are you missing work because of doctor’s visits?  Try to think of anything you have lost, including enjoyable activities, because of the accident and make a note of this as it occurs.  All of this evidence will make it easier for the insurance adjuster to approve a fair settlement of your West Virginia personal injury claim.

 When will you receive money for your injury claim?

Although in some cases you will be entitled to payments for your medical care before your case is concluded, an insurance company will not typically give you any money until a final settlement and release of your personal injury claim is made.  However, West Law Offices can often help you work out an arrangement with doctors in the meantime.  This is especially important if you don’t have health insurance.

 How much money will You Receive?

There are a number of factors that will determine how much money you will receive from your auto accident claim.   Ideally, you should be fully compensated for all of your harms, losses and injuries.  This includes compensation for medical bills, lost wages, pain and suffering, and disruption of life activities that you enjoyed before your injuries.  Unfortunately, there are a number of factors that could impact the amount you will recover including those below.

• Comparative liability.  West Virginia follows the comparative fault approach.  This means that your recovery will be reduced by whatever percentage you were at fault.  If a jury believes that you are more than 50% at fault, you will recover nothing under West Virginia law.  If the other driver is disputing who is at fault, obtaining an attorney is usually required to obtain a fair settlement.
• Auto Insurance Policy Limits.  A low policy limit is one of the most difficult obstacles to overcome in obtaining a fair settlement of an accident claim.  For example, if a driver only has $20,000 in bodily injury liability coverage, which is the minimum required by West Virginia law, then that is the maximum amount the insurance company will pay regardless of how badly you are hurt.  A person injured in a car accident also has the right to seek reimbursement from the policyholder, but the policy holder may not have any means to pay your claim.  A personal injury attorney can help you determine how best to proceed if policy limits are an issue.  The best way to protect yourself from the risk of being injured by an underinsured driver is to carry underinsured motorist coverage.  This coverage will kick in once the other driver’s insurance limits have been exhausted.
• The insurance company may deny your claim on the basis that their policyholder was not at fault.   The other driver’s insurance carrier will give deference to his version of events over yours.  Additionally, the insurer is not bound by a police report or your own insurance company’s analysis.  That is one of the reasons why it is so important to gather the names and telephone numbers of witnesses.  However, if there are not any witnesses to corroborate what happened and the insurance company denies your claim, it is within your rights to file suit against the policyholder directly.  The insurance company will then be forced to defend the lawsuit and will be responsible for any favorable verdict up to the point of its applicable policy limits.  In other words, in almost all cases, it’s the insurance company that pays the car accident claim, including medical bills, lost wages, and fair compensation for pain, suffering and other harms and losses.
• You may owe some of your settlement to others. If, for example, your health insurance has paid your medical bills, they have a right to be reimbursed for that amount if you collect a settlement or jury verdict.  Medicare and Medicaid will need to be paid out of any settlement, too, if they paid for some or all of your medical bills.   Medicare and Medicaid can slow down the settlement process.  Some personal injury attorneys refuse to help potential clients just because they have Medicare.  At West Law Offices, we have developed an effective system to deal with Medicare liens, so we never turn away a client simply because they have Medicare.

 Questions?  Ask a Personal Injury Lawyer.

If you have questions about any of the above or any other aspect of the accident claims process, feel free to contact a West Virginia personal injury attorney at West Law Offices for a free consultation toll free at 1-877-943-WEST(9378).

As a Charleston, West Virginia attorney, I am deeply concerned about this move by the Judiciary Committee.  This bill would have helped encourage parties to resolve personal injury claims without having to file a lawsuit.  The current law often requires attorneys to file lawsuits against the parties who caused the accident just to determine how much insurance coverage they have.

One of the reasons this is true is because often a party injured by the negligence of another driver doesn’t have medical insurance, but he or she needs medical care as a result of the car accident.  Fortunately, some doctors will agree to treat him or her and wait to collect until after the accident claim is resolved.  However, if there is not enough insurance coverage to cover the car accident victim’s medical care, the car accident victim is still ultimately responsible for the charges.

So if at the end of the case the accident victim learns that the other driver only has $20,000 in coverage, which is West Virginia’s minimum auto policy limit, and the victim has incurred $25,000 in medical bills, he must fear the doctor coming after him possibly with the use of a collections attorney.  Thus, before an injured party incurs medical costs, he needs to know that the negligent driver has enough insurance to cover those costs so that he can make an informed decision about whether or not to seek the medical treatment he needs.

If the negligent driver doesn’t have enough auto insurance to cover the accident victim’s medical expenses, the victim then has to make a tough decision: “Do I want to fully recover and then risk facing owing thousands of dollars in medical bills caused by someone else’s negligence?  Or do I want to suffer for the rest of my life with an injury that could have been fixed by medical care I couldn’t afford so that I can preserve my credit and avoid harassing bill collectors?”

This is a very tough decision for any person to make.  It makes it even tougher for innocent folks if an insurance carrier won’t disclose available insurance coverage.  That is why I and many other personal injury lawyers file lawsuits in situations like this.  If this Insurance Bill would pass, many of these lawsuits wouldn’t have to be filed and the underlying accident claim could be resolved more peaceably and inexpensively for all parties.  Further, it would help ease the burden folks injured in accidents already have to bear.

I suppose those in opposition to the bill like Jill Bentz, president of the West Virginia Insurance Federation, and the President of the West Virginia Chamber of Commerce, view this bill as a platform to advance their name and political interests.  However, in my experience, their efforts are harming those they are supposed to protect, including small businesses and the folks of West Virginia.  This is because the current law encourages costly lawsuits for the reasons set forth above, and unfortunately it’s the innocent folks injured in accidents who end up bearing the brunt of this cost.

At about 11:20 p.m., January 27, a car hit and killed Dennis Glen James of Elkview.  James was crossing U.S. 119 at the Blue Creek Post Office when he was struck and killed by the car that then fled the scene, according to Lt. Sean Crosier of the Kanawha County Sheriff’s Department.

Deputies believe the car that hit James was either a 2005-2010 Chevrolet Cobalt or a 2007-2010 Pontiac G5. The two vehicles have identical body styles but were sold under different names.  The car may have been black.

Local residents and business owners are being asked to keep a look out for anyone who has recently bought driver’s side parts — including headlights, fenders or bumpers — or anyone who may have recently sold a Cobalt or G5.

Anyone with information about the incident is asked to call Detective David Duff at 304-357-0169. Crosier said callers may remain anonymous.