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No Call=No Case

I reiterate time and time again in my posts that our phone lines at The Segal Law Firm are open and free to you. It’s a toll free call, the advice is free and you risk nothing by having a conversation to see if you have a case. Yet still, there are cases that will never see the light of day because people hesitate or never call at all. Those folks might lose out on a potentially very large settlement or jury verdict, just because they didn’t take the time to have a chat with me. Why Don’t People Call Me? I’d say the number one reason people haven’t called is because they don’t realize that there is a time limitation. You’d be shocked at how many people read my blogs about mesothelioma or Benzine and call me about their Dad who died five or ten years ago, asking me what I can do. Well, the sad news is, there’s nothing I can do for them. That statute of limitations has run and the law prevents us from filing suit. I’ve also had a widow call me and say she was too grief stricken to make the call; she didn’t […]

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Can I Call The Segal Law Firm for a Friend or Loved One?

In the last few blog posts, I’ve said over and over, the sooner you call us after an accident the better. But what if the victim is completely incapacitated or in a coma? Is there anyway to move forward with the case? The answer is- absolutely. I’ve gotten calls from husbands, wives, children, brothers, sisters, friends, neighbors and even policemen and firemen. The call is still free for you as a loved one or friend. I can give you the same advice that I would give the victim, so that we can make sure critical evidence for their case doesn’t disappear. I get calls from family members all the time with a loved one in the hospital who is unable to communicate. If it’s a spouse or the parent of a child under the age of eighteen, not only can I give the advice, we can actually bring the case in court. In a case where death is involved, that person is going to be called the executor or administrator. I can actually start sending out letters saying that we don’t want important evidence to be destroyed. I can do that for people who are lying in a bed in

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Don’t Wait Two Years- Evidence Disappears

You may have two years to file a lawsuit, but trust me when I say that you don’t want to wait that long to call an attorney. The fact of the matter is- evidence disappears. The longer you wait to call, the harder and harder it gets to bring your case. It doesn’t matter what type of case it is; tractor trailer, coal mining or mesothelioma. You need to call The Segal Law Firm as soon as you’ve been in accident so that we can make sure critical evidence doesn’t disappear right out from under you. Tractor Trailer Wrecks If you’ve been in a tractor trailer accident, it’s imperative that you or a family member call us immediately after you wake up in the hospital. We’re going to want the black box from the truck, the driver’s log books, the GPS information and the home office data about where the truck was and how fast it was going. Those are all pieces of evidence that are going to disappear pretty quickly it you’re sitting around waiting for two years to give us a call. Coal Mining Accidents When it comes to coal mining accidents, we’ve got to be a part

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Complex Coal Mining Cases- Call Us Sooner Than Later

Coal mining is not just blunt labor. It’s a very technical field and there are strict regulations that go into effect when you are hurt in coal mine. Most coal miners understand that. But they might not realize that they have rights when it comes to the investigation. It’s crucial that you call us at The Segal Law Firm immediately after a coal mining accident, so that we can gather the evidence quickly, find out what happened, and be with you every step of the way. We can make sure that you and your family’s rights are protected and that you get answers during this painful time. Your Rights During the Investigation Whether it’s an accident in a deep mine or a surface mine, there are federal and state inspectors that will most likely be involved in the investigation. Most importantly, you and your family have a right to take part in that inspection. Coal mining cases are extremely complex; the Upper Big Branch Mine investigation went on for several months. And although the final report for your case might not be released for some time, we at The Segal Law Firm are able to obtain preliminary reports for you

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Tractor Trailer Wrecks: How Soon Can I Call An Attorney?

If you’ve been hurt in a tractor trailer accident, the sooner you call an attorney, the better. These types of wrecks are often extremely serious, resulting in life changing injuries and, unfortunately, many ending in death. We at The Segal Law Firm have talked to people literally the day they woke up in the hospital. Although the statute of limitations is two years in West Virginia, there is just too much precious evidence that can be lost or destroyed if you wait even a few days to call us. We need to get on your case right away to gather that evidence, investigate your case and get your family the damages that you deserve. A lot of people don’t realize the overwhelming amount of data that can be used as evidence in a tractor trailer case. There are black boxes, very similar to the ones used in airplanes, that can be recovered, which contain critical, critical information. They also have the log books of the drivers, telling us if the driver was overworked and driving more hours than regulations permit. The trucking companies now even have software back in the home office that will tell you where the truck was

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The Statute of Limitations for Injury or Diagnosis

Two years sounds like a lot of time, right? Well, it’s not when we’re talking about filing a personal injury lawsuit. If you have been seriously hurt or killed in an accident, generally speaking, you or your family have two years from the time of the accident to take action. Does that mean you should sit around and wait those two years before you call an attorney like The Segal Law Firm? Absolutely not. It will take most of that time to develop your case and make sure evidence isn’t destroyed. Call us right away so that we make sure you are on the right track to the money you deserve. This two year statute of limitation applies to any type of accident or diagnosis; motor vehicle, tractor trailer, workplace, coal mine or mesothelioma. But let me specify that this time frame only applies to adults. If you have a child who has been injured or diagnosed with a disease, the rules are a little bit different. One set of rules will apply to you and another will apply to your child. For instance, you may have five to ten years to file a case for your child, but all

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How Soon to Call After a Mesothelioma Diagnosis?

Finding out that you have developed mesothelioma is one of the most difficult things you’ll ever hear. And it’s also a day that is going to be incredibly important, moving forward, for you and your family. You’ve got two years from that date to file a lawsuit against the company or companies that exposed you to the asbestos, which led to your developement of the disease. That’s why it’s crucial that you call us at The Segal Law Firm right away when you’ve learned of your diagnosis. We have the past experience trying mesothelioma cases to know what you need to do to protect your family. The statute of limitation for filing a mesothelioma case is very clear: two years from the diagnosis. This can be one that was given to you by the pathologist who looked at your lung tissue or the doctor who signed off on your chart. In some cases, people may not find out until two or three days after diagnosis, if they are in recovery from surgery. You’ve got to call an attorney immediately so that we can help you figure out the exact date. It’s also important to do sooner rather than later because

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Avoiding the Stereotypical 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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The Most Commonly Asked Questions of Lawyers

Commonly Asked Questions 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 Law Firm 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 Law Firm? Do they understand the contingency fee contract? We don’t get paid unless we make

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I’ve Been Injured in an Accident: How Soon Can I Call a Lawyer?

When you have been seriously hurt in an accident, hiring a lawyer might not be the first thing on your mind, but I’m here to tell you that it’s never too early to make that first phone call. I’ve literally talked to victims and their family members from the hospital room. There are several reasons the call should be made as soon as possible, but the most important may be the peace of mind we can give you. In fact, even if The Segal Law Firm doesn’t end up bringing your case, we can still give you free advice and take some action to make sure you are protected. You would be amazed at how frequently evidence can disappear when lawyers are not involved. This is one of the main reasons to get on that phone with an attorney immediately following an accident. For example, I will write letters, free of charge, telling the tow truck company not to destroy the vehicle involved in the wreck because we may need to photograph it or have it examined by an expert. The same goes for tractor trailer accidents. We may not know for several weeks if we are going to represent the widow of

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