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What is a Mass Tort Case and how are they Handled in West Virginia?

People often confuse mass tort cases with class action lawsuits, but the difference lies in the fact that mass tort cases involve an event where a lot of people are injured or killed at one time. West Virginians may be familiar with the Upper Big Branch Mine disaster which killed 29 miners in a single event. Going further back in time, the Willow Island Tower collapse is another example of a single event disaster. The Mass Litigation Panel Here in West Virginia, we have a Mass Litigation Panel which is a group of judges who deal with cases involving multiple people injured or killed in an event. These events could be explosions, fires, mine explosions, industrial accidents where a roof falls in or an oven explodes, electrical disasters or chemical leaks. All of these are examples of mass torts and they are handled by the Mass Litigation Panel which facilitates getting multiple families through the court system as efficiently and inexpensively as possible. Occasionally a case might stay with the judge it was filed in front of, but many times litigators themselves or the Supreme Court will request the Mass Litigation Panel step in to help families get quick resolution […]

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How to Avoid the “Stereotype Attorney”

There are lots of very fine attorneys in the state of West Virginia – very caring attorneys. You should hire an attorney the same way you would hire a doctor or dentist or someone who’s going to do any important job for you. First, you should research them on the internet. Look up their webpage. Google them. See what kind of cases they have handled, what awards, if any, they’ve been given and then Google and research that. One of the things I’m very careful about is that I don’t boast about or advertise awards that attorneys can buy. It’s a very dangerous procedure and misleading to people. It’s important when you walk in to a lawyers’ office and you see things on the wall, ask the lawyer. “Did you win that or did you pay for that?” If someone sees something in my office and it catches their eye, they should know that I won or earned the distinction. My certificate to the Inner Circle of Advocates is a good example. They should be perfectly comfortable saying, “Hey, did you pay to get in that organization?” And “what is their criteria? Because I’d like to know that.” And that’s

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How do Class Action Lawsuits Work in West Virginia?

Class action lawsuits are most often used in consumer cases where a large number of people have been cheated. This could involve an illegal interest rate where their bank or credit card company was applying inappropriate fees, or it could be something much more simple where a company produces juice that they claim is 100% natural. In reality, the consumer is being cheated out of about 50 cents a bottle. These small amounts aren’t worth going to court over on an individual basis, but when you look at the big picture and you’re talking about thousands of people who are being cheated, this is where a class action lawsuit is best utilized. Basically, a large group of people sharing a common loss all join together in a lawsuit. There are class action lawsuits in both state and federal courts in West Virginia. Sometimes federal cases can involve securities, stocks and bonds. It may only involve pennies on the dollar, but there again, if many people are involved, the amount people are being cheated on can result in huge losses, even in the tens of millions of dollars, and a class action lawsuit is appropriate in these cases as well. Class

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The Tractor-Trailer Lifestyle; Bending Rules Can Bring Harm

The life of an interstate truck driver can be a very difficult one. Companies are constantly putting pressure on the drivers, to get the load there, get the load there, get the load there. On top of that, you’ve got the fact that they’re away from their families, plus the stresses of the weather and road conditions. Take all of that and add the maintenance of a rig and fuel costs to the list. When you combine all of those stresses with a lot of pressure from the company to make the deliveries, you get an extremely difficult day-to-day. There are very specific federal regulations about how many hours and how many days a trucker can drive. Often in our cases, we find that drivers are bending those rules, trying to get the delivery done quicker to get their next load and make more money. They have those financial pressures on them and that sometimes results in cutting corners for more deliveries and more money. All of these stresses that come with being a driver sometimes culminate in alcoholism, drug abuse and, unfortunately, the use of stimulants. When they are trying to drive more hours than they should and they

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Everyday Accident Prevention – Slow Down and Use Common Sense

In your everyday life it’s important to use precautions that are available and are there to help protect you. Take your seatbelt, for example. Nobody should be driving, even to the store, without being sure that their seatbelt and those of their children are being properly used. Kids should not be allowed to put the shoulder harness behind their back. They need to keep their seatback straight up, as should you as an adult. Obviously, staying off your cell phone, not texting and doing other things that will distract you is also important. I don’t know how many times I’ve had clients come in where the person who hit them was adjusting the radio. Or doing something inside the car that diverted their attention from the road. The Speed limit is the limit. That is the most you should drive. But there are a thousand reasons to drive slower. Exercise common sense and slow down rather than drive the speed limit when there’s too much traffic, it’s raining, it’s foggy, it’s snowing or there are kids in the area. The law in West Virginia says adults must anticipate that children will act childishly. So if you see kids in the

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What Type of Lawyer Can Handle Nursing Home Abuse Cases in WV?

In West Virginia, as in most states, the best lawyer for nursing home abuse cases is one who is experienced in these situations. Segal & Amos, PLLC consults with a large number of former nursing home administrators, nurses and various other people who are familiar with nursing home protocol. These people offer opinions on whether or not appropriate federal and state regulations are followed. In our experience, we have found that nursing homes are often understaffed. Many times they don’t have the right equipment or that equipment is used incorrectly. Sometimes the people they hire simply have no business being employed in a nursing home and this can entail former convicts or under-trained staff. Because of these circumstances and more, you need an experienced law firm who knows how to look into nursing home records to discover why your loved one died or suffered serious injury. Segal & Amos, PLLC handles nursing home cases on a contingency fee basis which means that if your case isn’t settled, or a jury verdict isn’t reached, you owe us nothing in attorney fees. Your lawyer should have a thorough understanding of both federal and state regulations to make a determination of what went

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Dangerous Occupations

There are many dangerous occupations in West Virginia. In 30 years practicing law here, I’ve seen more than my share of accidents. I’ve handled cases from injuries in the timber and logging industry, coal mining (both surface mining accidents and deep coal mining accidents). Oil and gas occupations have their share of injury accidents – whether on drilling rigs, building pipelines, maintaining the rigs, maintaining the pipelines – all can be dangerous jobs. With the advent of Marcellus Shale production, we’re seeing quite a few more burns and severe injuries in that field as well. West Virginians also work in a variety of major industrial facilities – power houses, chemical plants, manufacturing facilities – and each of those provides their own unique dangerous situations. We see quite a few electrical injuries resulting in severe burns or even death in these facilities. I once handled a case for a welder who had been told a particular vessel he was to weld had been cleaned and he had gotten a welding ticket, which means he was allowed to be there. No sooner did he light his torch than the whole thing exploded on him. Generally speaking, any time maintenance or construction is

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In A Mesothelioma Case, Legal Experience Matters

When you’re dealing with a complex and dangerous cancer, such as mesothelioma, it can be overwhelming when deciding how best to protect yourself legally. The most important thing is a lawyer’s experience. The main question to ask before making any hiring decisions is has the lawyer tried mesothelioma cases in front of a jury? Obviously, asbestos companies are going to offer the most money to lawyers who are experienced in actually trying mesothelioma cases and those who have gotten verdicts against them. The second reason experience is so important is you’re going to be looking back twenty, thirty, forty, or even fifty years into your work history. At Segal & Amos, PLLC, we have thousands of sworn statements from people who worked in power houses, chemical plants and industrial facilitates. These statements tell us what asbestos products and whose asbestos products were used at various facilities over the years. This is critically important to your case because you don’t only have to prove you have the disease mesothelioma, you have to prove whose asbestos you’ve breathed that gave you the disease and if you don’t have a lawyer who has that information in his databases, you’re going to have an

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Do I have a case? How am I going to pay you to handle my case?

The two most common questions we get asked when people come to the law firm and meet me for the first time, is first, Do I have a case? And second, how am I going to pay you to handle my case? The first question is a rather complex question because it depends on how were you hurt. Who is responsible? Who’s doing the investigation? Is it AMSHA? OSHA? The police? Who’s looking into this and whom are we going to have to talk to see if you have a case? Here at the Segal & Amos, PLLC we handle cases on what’s called a “contingency fee basis.” It’s important that you get your contingency fee agreement in writing. Generally speaking, somewhere between 30 and 40 percent of whatever is recovered will pay the attorney’s fees. The range depends upon the complexity of your case, as well as the risk involved in the case and the type of experts that are going to be involved. Other questions to ask when evaluating a case include: Do they need a firm like the Segal & Amos, PLLC? Do they understand the contingency fee contract? We don’t get paid unless we make money

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Methane Gas and Coal Mining

The most serious danger to a coal miner underground is methane gas – the natural by-product of mining coal. There are very specific safety measures that the Federal and State government require to protect miners. And you’ll find that disaster after disaster after disaster, certain things were not done that should have been done to protect the coal miner. First, improper ventilation – All ventilation in an underground coal mine must be approved by Federal and State inspectors. Proper ventilation keeps the air moving away from the coal miners and takes any methane or noxious gases away from the miners’ face. It’s typically referred to as “out by” work. Skilled workers that know how to keep the air moving in the right direction must perform it. Second is rock dusting – When there is an explosion in a coal mine, very fine particles of coal dust fly into the air and make more tiny explosion. You get a chain reaction. The explosion gets bigger and bigger and bigger and bigger and it goes throughout the entire mine because it’s just feeding itself. Rock dusting is when limestone is sprayed all over the mine to keep the dust down. Sprayers and

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