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How Much Does a Lawsuit Cost in the State of West Virginia?

If you live in the state of West Virginia and are considering legal action, there is a good chance you’re concerned about the potential costs of a lawsuit. After having dealt with hundreds and hundreds of clients over the years here at Segal & Amos, PLLC, we can appreciate the question, and although the answer is “it depends,” here are a few things to consider: Lawsuits in West Virginia are handled in two ways: The fee is billed by the hour or most commonly, the quarter hour, for the actual time spent on your case. The fee is billed on a contingency basis. When people are injured and unable to work, medical bills can add up quickly as a result of financial straits.  Depending on the complexity of your case, Segal & Amos firm uses a Contingency Fee Contract which means you are charged a percentage of what we win in your case.  This fee is typically 30 to 40% and occasionally it might be a little as 25% if a case is settled quickly and easily. When your case is concluded, dependent upon whether it is a settled by jury trial or settlement, you will also be responsible for […]

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How Long Does it Take for a Case in WV to Reach Settlement or Trial?

When victims of an accident approach us here at the Segal & Amos, PLLC, one of the most common questions they have is, “How long will it take for my case to settle or go to trial.” The answer to this question can vary upon a variety of factors with every state, and here in West Virginia it’s no different. This being said, the average amount of time for a case to reach a jury trial is 1-2 years because information must be exchanged between lawyers.  This period of time is known as “discovery” and might include: Medical records The amount of your medical bills What your injuries are How much you suffered from those injuries How your doctor feels those injuries will affect your ability to return to work and earn a living. This sharing of information also includes lawyers on both sides informing each other of the details of their cases.  This could include information concerning their opinion of how hurt you really are or who the witnesses might be.  In complex cases, this might include expert witnesses, doctors, rehabilitation people and even economists who can accurately predict your loss in wages. Judges in West Virginia are sensitive

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Does West Virginia Require Mediation when Going to Court?

When dealing with a legal issue in the state of West Virginia, a very common question  one might have is whether or not mediation will be required if they go to court. Generally, most judges in West Virginia will either suggest or even order mediation for those cases filed within the state. Mediation is a voluntary process in which you and your lawyer are seated in one room, the insurance company or corporation which you are suing is seated in another room along with their own lawyers, and a mediator goes back and forth between both of these rooms in an effort to reach a dollar amount for settlement of your case. This mediator cannot force either side to reach that dollar amount, but they can offer encouragement concerning the strong or weak points of your case and what a jury might view as positive or negative should your case proceed to trial. A skillful mediator can help both you and the entity you are suing find a way to reach a compromise settlement. Segal & Amos, PLLC is involved with cases in mediation every single week, and  we encourage our clients to become part of the process, but not

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I Have Mesothelioma but Never Worked Near Asbestos, Do I Have a Case?

The disease, mesothelioma, is most often associated with exposure to asbestos, even in very small amounts.  Because even limited exposures can result in the development of mesothelioma, a careful history must be taken. Mesothelioma is a cancer of the lining of the chest and/or gut.  It is a very aggressive cancer caused by many different types of asbestos fibers. At Segal & Amos, PLLC, we have many years of experience representing people who were diagnosed with mesothelioma, but never actually worked in a trade or job where they were likely to be exposed to asbestos.  These cases are often titled “Bystander cases.” Asbestos Exposure in Many Forms Segal & Amos, PLLC has extensive experience representing housewives and children of workers whose only known exposure was to their husband’s or father’s work clothes.  Wives and children are often exposed because they shake their husband’s or father’s work clothes before placing them in the washing machine.  This exposes them to the dust that is brought home on the worker’s clothing. Mesothelioma can take 20 to 50 years to develop after the time of exposure.  Because mesothelioma develops decades after the exposure to asbestos occurs, it is important that you speak with an

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If I’ve Been Hurt by a Gas Pipeline Explosion, Do I have a Case?

Gas pipeline explosions are a devastating event that often hurt people and property. Because of their rarity, few people are aware of their rights when such an unfortunate event occurs, and often are left wondering if they have any type of legal case, especially if they’ve personally been injured or their property has been damaged. In order to determine these rights and your ability to bring a lawsuit, the highly technical aspects of how pipelines are constructed and maintained must be considered. What Causes Gas Pipeline Explosions? Often times, improper construction, or the failure to properly maintain or seal off an abandoned gas pipeline, can result in explosions which injure people and property. Segal & Amos, PLLC conducts a thorough investigation into the construction of and maintenance of pipelines when determining how to file a lawsuit on your behalf. Law Firms that have Experience in Gas Explosion Cases On October 17, 1983, the Davis Creek Foodland on Oakhurst Drive, in Charleston, West Virginia, exploded as a result of a leak from a Columbia Gas of West Virginia pipeline. Scott S. Segal successfully brought a lawsuit on behalf of the manager of the Foodland and ultimately tried the case to a

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Gas Pipeline Explosions in West Virginia: Safety, Lawsuits, and More

Safety is a major concern these days when it comes to natural gas pipelines throughout West Virginia, Pennsylvania, and other states. In fact, just recently the Post Gazette discussed this issue extensively when they referenced an explosion that occurred near Charleston:  ….but the pipeline explosion Tuesday near Sissonville, along Interstate 77, 15 miles north of Charleston, highlights its often overlooked and sometimes fiery risks. There are more than 2.5 million miles of pipelines running through the U.S., approximately 60,000 of which are in Pennsylvania. Concerns have heightened as new pipelines are laid to service burgeoning shale gas development in Pennsylvania and other states, and older pipelines corrode and crack, increasing the possibility of leaks and accidental explosions. A recent federal report found more than half of the pipelines in the U.S. are 50 years old or older. And while the West Virginia pipeline accident didn’t cause any injuries or fatalities, the U.S. Transportation Department’s Pipeline and Hazardous Materials Safety Administration data show pipeline accidents have caused the deaths of 68 people nationwide in the last five years, 21 of those pipeline workers. Natural gas pipelines throughout the State of West Virginia operate under very high pressures and explosions can result

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Scott Segal receives WVU College of Law award

This article was taken from WVUToday. Charleston attorneys Scott Segal and Ellen Cappellanti are the 2012 recipients of the West Virginia University College of Law’s Justitia Officium Award. The award was established in 1978, in commemoration of the 100th anniversary of the founding of the College of Law. It recognizes outstanding contributions and service to the legal profession and is the highest honor the College of Law bestows upon an individual. “One of my great honors as dean is to present the Justitia Officium award at graduation to individuals who exemplify the best in the profession and commitment to community service,” Joyce McConnell, College of Law dean, said. “Scott Segal and Ellen Cappellanti embody the talent, ethics and leadership that place them among the best lawyers and community leaders.” Segal is a nationally-recognized trial attorney who represents catastrophically injured people or the estates of those killed due to the unlawful actions of others. He was inducted into the Inner Circle of Advocates, an elite group of 100 trial lawyers. He has a major practice emphasis on class action litigation and complex mass litigation such as asbestos litigation, pharmaceuticals, insurance practices, and a wide range of consumer matters. Segal earned his J.D. in 1981 from the WVU College

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Infant Crib and Bassinet Product Safety

The United States Consumer Product Safety Commission (CPSC) recently reported that in the last decade there were some 700 deaths involving infants that were related to pillows and cushions in the baby sleep area.  It was announced that about half of infant crib deaths and a third of reported bassinet deaths are due to suffocation. What can be done? The CPSC has strong federal safety standards for safe cribs.  A safe crib is one that meets CPSC standards and is free of pillows, heavy quilts and blankets and toys. If you are purchasing a crib, make sure that it meets the new federal safety requirements. There include: (1) has no drop- sides; (2) contains anti-loosening devices on crib hardware to keep it from coming loose or falling off; and (3) has durable mattress supports. Once you have a safe crib, an uncluttered sleeping space is best. Young infants can get their faces stuck in blankets, pillows, soft toy and bumper pads, resulting in suffocation. What about bassinets? Bassinets may also present dangers.  Before buying a bassinet, check the recall list at the CPSC site as there have been a number of recalls due to safety and design flaws.  Importantly, improper

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How Long Will My Mesothelioma Case Take in West Virginia?

The diagnosis of mesothelioma can be a very complicated and tricky one.  Segal & Amos, PLLC only uses three experts to confirm a diagnosis of mesothelioma. These experts, known as pathologists, have international and national reputations for being able to diagnose mesothelioma and understand its causes. Who decides how fast mesothelioma cases are moved through the court system? The Mass Litigation Panel (MLP), which is a group of judges appointed by our West Virginia Supreme Court, helps move mesothelioma cases through the court system as quickly as possible.  Generally speaking, once the lung tissue has been obtained in order to confirm the diagnosis of mesothelioma, your case can be placed on a trial docket with a trial date within one year. What happens when the diagnosis has been confirmed? Once the diagnosis of mesothelioma has been confirmed, your cases will be set on a trial docket, hopefully within the same year as the confirmation occurs.  The cases are prioritized based upon whether the person suffering from mesothelioma is still living.  If so, those cases are scheduled to be tried first.  If your loved one has recently passed away and the widow and family are in need of compensation to help

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Are Some People More Likely to Develop Mesothelioma than Others?

There is a famous saying among lawyers who do mesothelioma cases that “asbestos does not respect a job title.”  Workers from all walks of life, pipe fitters, boiler makers, mill wrights, tin knockers, carpenters, roofers, electrical workers, bricklayers, steelworkers, ironworkers, mechanics and anyone who worked as a laborer in any job in a power house, chemical plant, steel mill or facility with furnaces and high heat systems is at risk for developing mesothelioma. Even people who worked around these industrial facilities such as secretaries and office workers have been known to develop mesothelioma, years after leaving their jobs. What experience does the Segal & Amos, PLLC have in these cases? There are several different types of cases which have been successfully brought by Segal & Amos, PLLC for people who never worked at an industrial facility or worked an industrial job a day in their life.  These cases have involved wives who washed their husband’s clothes, children who hugged their fathers when coming home from work or who would help mom shake the dust off of his overalls before they went into the laundry.  Also, looking way back 30 to 35 years, we have found a person who, although they

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