When a person in West Virginia dies in a fatal accident, legal action is not typically the first thing that family members think about. Instead, they are typically preoccupied with trying to say goodbye to their loved one and dealing with the emotional pain that goes along with death. Furthermore, in some cases, the deceased person's family may not even know that a legal cause of action is available in their case.
People in Charleston who have had a close family member pass away know how difficult it can be to deal with this kind of loss.The situation can be even worse if the death was due to some kind of sudden and unexpected event like a motor vehicle accident. Another source of far too many fatal accidents is medical malpractice.
At one time or another, most people in West Virginia have probably driven or ridden on roads that desperately needs repair. Road conditions like small potholes or loose gravel can be inconvenient, but generally do not pose major safety threats. On the other hand, more severe road problems can lead to danger and serious accidents.
Fatal accidents can arise from a variety of different circumstances. Motor vehicle accidents, for example, are one common cause of accidental deaths. Likewise, workplace accidents and medical errors can also lead to fatal accidents. When a victim loses their life in one of these accidents, their family members may want to pursue legal action. This usually means filing a wrongful death lawsuit. The next logical question is what kinds of damages are available in a wrongful death lawsuit?
Some people are more prone to accidents than others, but almost everyone experiences some kind of accident from time to time. Whether an accident occurs at home, on the roadways or at work, most accidents do not end with fatalities. Occasionally, however, an accident does result in death, and many times those fatal accidents are preventable.
In January 206, a fire at a West Virginia coal mine killed two of the mine's workers, and another 10 men narrowly escaped with their lives. When the fire broke out in the mine, the workers struggled to flee through a smoke-filled escape route. In addition to the mine having a defective ventilation system and unmarked escape doors, the men did not have proper training on activating their breathing devices. As a result, the two victims died of carbon monoxide poisoning.
Many of West Virginia's roads and highways are lined with guardrails that are supposed to stop vehicles from traveling off the roadway. In other words, guardrails are meant to be safety features that help prevent fatal accidents. However, one man has been on a tireless mission to expose the hidden dangers of many of these guardrails that are prevalent all throughout the nation's roadways.
Many workers in West Virginia face difficult and dangerous working environments on a daily basis. While some dangers are inherent to certain types of work, employers have an obligation to take reasonable measures to mitigate these dangers. In some industries, like construction or mining, state or federal regulations dictate the kinds of safety procedures that employers and employees must follow while on the job.
When an employer violates state or federal workplace regulations, it endangers the safety of its employees. Thus, if an accident results from the violation, the employer can face fines and penalties from the government. Furthermore, any injured workers may have a legal cause of action against the employer.
Most West Virginians probably know someone who is involved with the coal mining industry. For as many as 200 years, workers have been mining the state's rich coal reserves. While coal mining is a notoriously dangerous industry, safety regulations have dramatically decreased the number of fatal mining accidents. Like any other workplace, however, safety regulations for coal mines are only effective where management and all of the workers make safety a priority.