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Charleston WV Personal Injury Law Blog

Legal resources are available to victims of asbestos exposure

Mesothelioma can have devastating consequences for victims years following exposure. Mesothelioma is a deadly disease that is caused by exposure to asbestos fibers. Exposure to asbestos can result in painful illnesses including Mesothelioma and death. Legal protections are available to victims and their families when a loved one has died from Mesothelioma.

In general, Mesothelioma is a form of cancer that occurs on the lining of the lungs, abdominal cavity and heart. It is most oftentimes fatal. There are several different types of Mesothelioma victims may suffer from including Pleural Mesothelioma which is the most common type of the cancer caused by asbestos exposure. Pleural Mesothelioma occurs when asbestos fibers attach to the tissue that lines the outside of the lungs and the inside of the rib cage.

Woman brings slip and fall lawsuit against major retailer

Victims who are harmed by an unsafe property condition have legal options to consider. A woman has brought a premises liability claim in West Virginia against a major national retailer, asserting that she slipped and fell in one of its stores. The victim asserts that she was shopping in the store as a customer when she slipped and fell on a wet and slippery substance on the floor. As a result of falling on the liquid substance left on the floor, the woman further asserts in her lawsuit that she slipped and fell and injured her shoulder.

The woman suffered serious and permanent injuries to her left shoulder as a result of the slip and fall accident. The victim was diagnosed with a torn rotator cuff and torn tendons as a result of the injuries she suffered in the fall and had to undergo surgery as well as additional medical treatment. The woman asserts in her lawsuit that the national retailer was negligent in failing to maintain the property in a reasonably safe condition and for failing to remedy a dangerous property condition.

West Virginia truck accident kills 1

This blog recently discussed wrongful death actions and how they serve as a resource for surviving family members of victims wrongfully killed by negligent drivers. A recent fatal truck accident in a West Virginia community northeast of the Kanawha area claimed the life of a 37-year old man. The victim was pronounced dead at a nearby medical facility where he had been flown following the collision between his vehicle and a box truck.

The victim was travelling southbound when a box truck driven by a 64-year old man crossed the grass median for an unknown reason and struck the victim's vehicle. The truck driver attempted to correct the truck but was unable to do so. The truck initially struck the car on the driver's side front fender and both vehicles spun and then the box truck landed on the car as the two vehicles came to rest. Smoke was seen coming from the truck and the victim was pulled from his vehicle before being transported to the hospital where he was declared dead.

What is a wrongful death action?

If you have had a loved one killed in a wrongful death accident, you may have heard of a wrongful death legal claim for damages but may not have understood exactly what is was or how it could help. In general, a wrongful death claim is a claim brought on behalf of the surviving family members of a loved one wrongfully killed because of someone else's negligence. Wrongful death clams are based on state statutes so it is important to know the laws in your state.

Surviving family members who have suffered the unexpected loss of a loved one may be able to pursue a wrongful death action which can help them recover damages for the financial and emotional injuries they have suffered. Damages are based on the circumstances and characteristics of the victim but can include damages for loss of support and services, lost prospect of inheritance, medical and funeral expenses and pain and suffering damages.

Spinal cord injuries can be devastating for victims

Spinal cord injuries suffered in a car accident can have a devastating impact on victims and their lives. Because of the nature of spinal cord injuries, their impact may extend to family members and loved ones as well as they struggle to help victims following their injury suffered in a car accident or other accident. A victim of a car accident that has suffered a spinal cord injury may be unexpectedly unable to walk, work, care for themselves or perform daily activities previously routine to them.

The costs to treat spinal cord injuries and care for victims can be significant and may include the need for personal care attendants, equipment to help victims adapt to their new life, vocational training, psychological counseling and other medical care and treatment costs as well. In addition, injured victims may be unable to work or work as they did before the injury they suffered so may also be unable to earn a living to support themselves and their families.

How the hours of service rules can help accident victims

Many trucks that travel through Charleston and Kanawha County, West Virginia, are subject to federal trucking regulations either because they travel between states or because of the type of product they choose to haul.

As such, these trucking companies, and their drivers, are subject to specific rules limiting how much time a driver can travel before he or she has to stop and take an extended period of rest. The idea of these rules is to prevent truck driver fatigue by requiring the driver to leave time for a nap in the midst of his or her busy delivery schedule.

Recognizing the dangers of asbestos

Since the late 1800's and during a boom in the World War II era, asbestos was used throughout the United States in a variety of industries. Its fibers are thin and durable, and the material is resistant to heat, fire and chemicals, and the material does not conduct electricity.

It was used for everything from strengthening cement to insulation, roofing and fireproofing. It could be found in flooring tiles, vehicle brake shoes, and in paint and plastics. In the 1970's however, the United States Consumer Products Safety Commission determined that during use, the fibers could be released into the air and inhaled. It wasn't until 1989 however when the United States Environmental Protection Agency banned all new uses of asbestos. It did however, still allow uses developed before 1989.

Assisting you with your truck accident claim

Commercial trucks are some of the deadliest vehicles on the roadways of West Virginia. Many people who are involved in truck accidents don't make it home alive, leaving their families devastated emotionally and financially. For those who do survive, there is a high likelihood of severe, long-term injuries and costly medical procedures. Many truck accident victims are unable to work during their recovery, making it difficult for their families to put food on the table.

Fortunately, truck accident victims and their families have legal options that can give them the financial support they need. Filing a lawsuit against the person responsible for your injuries or the death of your loved one can help provide stability during an otherwise tumultuous time in your life. At our law firm, we do our best to help our clients recover damages for medical expenses, lost wages, pain and suffering and other accident-related expenses.

Christina Grimmie's family files amended wrongful death suit

The death of up and coming pop star Christina Grimmie left her friends and family devastated. Her family has filed an amended complaint in a wrongful death lawsuit after a judge dismissed their original lawsuit and gave them 21 days to amend it.

The former "Voice" contestant was killed after a performance at the Plaza Live venue when she was shot by a disturbed fan. Her family then filed a wrongful death lawsuit against the owner of the venue and her tour promoter, AEG Live, for negligent security. They allege that the defendants could foresee that concert-goers may bring in weapons to injure the performers. Since the attack, AEG Live and The Plaza Live now require the use of metal detectors, which the family believes could have prevented Grimmie's death if they had been in place sooner.

New study focuses on why calls while driving can be dangerous

According to the U.S. National Highway Safety Administration, 391,000 people were injured and nearly 3,500 people were killed in road accidents involving distracted drivers in 2015. We often hear that we should not use our cell phones while driving unless we have a handsfree system that allows us to focus on the road and talk at the same time. However, a new study reveals that even having a simple conversation on the phone or in person can take your attention away from driving and cause car accidents.

Researchers tracked participants' eye movements as they answered true or false questions during computerized experiments that simulated driving while talking on the phone or with a passenger in the vehicle. They compared their movements to participants who were not asked to respond to questions or not asked any questions. They found that those who were asked to answer questions took twice as long to shift their eyes to a new object, with a delay of approximately 40 milliseconds. While that may not seem like a long time, the delay can compound each time you are distracted. This means that each time you switch your focus from one thing to another, the delay gets longer.

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