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If a family has suffered the death of a loved one and are awaiting trial, they may be wondering how long the process can take. Generally speaking, a case will go to trial between a year to two and a half years and this depends upon the complexity of the case. There are many things that must be taken into account in determining the time needed to prepare a case for trial and there is a great necessity for thoroughness. The preparation needed by lawyers consists of the taking of depositions, discussing your case with the MSHA (Mine Safety & Health Administration), investigating the records of the investigation into the death, as well as checking into machinery issues and the manufacturer’s recommendations of how that machine should be operated and maintained. Other factors that must be examined by your lawyer are where the death occurred in the mine, was it a surface mine or a deep mine and what else was happening in the mine at the time of the death. All of this information must be gathered in preparation for trial and sometimes it can take time to determine the answers to these questions. Unlike an injury case where

We’ve all seen tragic coal mining accidents on the news and people tend to follow those with a close eye. But what about the citations that occur before a miner is killed? What are those all about? If you hear on the news that a mine is “written up,” that means they have been inspected by a state or federal official who has found a broken regulation or unsafe condition in the mine. In West Virginia, mines are inspected daily all over the state to make sure our miners are protected and that there is a record of a coal company’s safety behavior. We can use those records at The Segal Law Firm to help prove your case, should a loved one be tragically killed in a coal mining accident. If you’re speeding down the road and get pulled over, the officer might issue you a speeding ticket, otherwise known as a citation. The same thing goes for a coal company if an inspector finds an issue. If the federal and state inspectors find that the roof isn’t controlled properly or the air isn’t being ventilated well, they can write them up a citation. There are thousands of things for

There are plenty of written and unwritten rules when it comes to handling a coal mining case. The best lawyers in West Virginia are going to have experience with the state and federal regulations and laws, experience investigating wrongful deaths, and experience with the coal mining communities. So, what am I saying is the most important aspect when choosing an attorney to represent your family in a coal mining case? Experience. What does a bad coal mining attorney look like? Well, I’d have to say the opposite of everything I just stated; people who have very little experience, who’ve never been down in a coal mine themselves with the experts to learn about what happened, people who don’t do this on a regular basis. They are the attorneys who don’t have the expert witnesses on hand and don’t know the rules and regulations because they haven’t been studying them for the past thirty plus years. Those aren’t the folks to choose. I can’t tell you how many times I’ve had a widow come up to me after a trial and say, “Boy, I wish I’d had you as a lawyer when my husband got killed.” It’s really heartbreaking. When I

You’ve got two years from the time of death to file a wrongful death lawsuit against a coal company. That’s the law. But if you call The Segal Law Firm and ask my advice, I’m going to tell you getting started sooner is better than later. You don’t want to wait two years. There is going to be crucial evidence that will disappear with each passing day you wait. And it’s the job of an experienced lawyer to protect that evidence to best represent your case. But if you wait two years to call us, unfortunately, it may be too late. Now, I’ve just said that you have two years from the date of death to file a lawsuit, but I actually instruct my lawyers here at The Segal Law Firm to use the date of the accident, plus two years. Why? Well, in West Virginia, damages can survive you even after you’ve passed. In some instances, a person will be injured but live a few hours or a few days. The coal company or jury can consider the pain and suffering you experience during that time as a part of your settlement or verdict. Even though you have left

It’s no secret that I believe the number one aspect you should be looking for in a good coal mining lawyer is experience. If your loved one has been killed in a coal mining accident, your representative has to fully understand the complex elements that he or she will be required to prove in West Virginia court of law. These elements will determine the kind of settlement or jury verdict that your family will receive on behalf of your loved one. Here at The Segal Law Firm, we take this job very seriously and will work to get you the end result you deserve. Manner of Death As unpleasant as it may be, we have to figure out how a miner died and exactly when he knew that death was coming. Was the passing immediate or did he know for a few minutes that he was about to die? Believe it or not, West Virginia law allows that pain and suffering to be an element of damages that we can collect for you. Tragically, we’ve seen cases where the miner was asphyxiated and they felt the horror of death, of never seeing their wife, children or grandchildren again, for several

If your loved one has been killed in a coal mining accident, you are most likely experiencing one of the most trying times of your life. Hiring the best representative for you and your family is an incredibly important decision you’ll make during this time. But how do you make that decision? What qualities should you look for in an attorney? I have three words for you: experience, experience, experience. I cannot overemphasize that point. Coal mining cases are extremely complex and require a law firm with extensive past performance. The very first thing you need to ask a prospective attorney is whether or not they have tried a coal mining case similar to yours. For instance, if your loved one was killed in a deep mine, has he or she specifically tried that type of case? If it was an equipment failure or roof control accident, does the lawyer have that experience? Your attorney should not be hesitant to detail his or her experience with the many types of wrongful death cases that occur here in West Virginia. I’m happy to talk to widows or adult children about the deep mine cases I’ve done, whether they were a result