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Who’s Responsible in Aviation or Airplane Accident Cases?

Although aviation, airplane and helicopter crashes are extremely complex cases requiring an experienced litigator and law firm to protect injured persons’ rights, the cause of crashes is almost always linked to one of three factors. At The Segal Law Firm, we investigate airplane and helicopter crashes, looking for any evidence of: (1) pilot error; (2) weather; and/or (3) mechanical failure. What is pilot error? Pilot error often involves a pilot who, because of a lack of training or fatigue, fails to properly analyze a dangerous situation causing the crash of an aircraft. The pilot may have mis-calculated the weather, the severity of a mechanical problem, or simply failed to follow existing and routine procedures to protect the safety of his or her passengers. How does weather affect aircrafts? Weather can often times be a factor in determining why a crash occurred, since failure to properly check and avoid serious weather conditions is a frequent cause of airplane and helicopter crashes. Who is responsible for mechanical failures? It is equally important to determine whether or not any mechanical failure has occurred, as mechanical failures can be the responsibility of the manufacturer or maintenance personnel responsible for making sure that the airplane […]

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Who is Responsible for the Cause of My Mesothelioma?

Mesothelioma is a unique cancer which affects the lining of the chest cavity and sometimes the gut. It is a very aggressive cancer and in North America is almost always linked to exposure to different types of asbestos dust. If you have been diagnosed with mesothelioma, several different companies can be held legally responsible for your damages. Who is responsible? The companies which can be held liable are the companies which manufactured asbestos containing products, such as pipe insulation, block insulation, gaskets, packeting and other insulation materials. Additionally, employers and contractors who exposed their employees or other co-workers to asbestos-containing dust may be held liable. If you worked as an employee of a contractor at a facility such as a power house, chemical plant, or steel mill, you are likewise allowed, under West Virginia law, to sue the premises (facility) owner who exposed you to asbestos-containing dust. How can the Segal Law Firm help? At The Segal Law Firm, we have over 25 years of experience determining which companies are liable to workers based upon where and when they worked. We have, literally, hundreds of thousands of pages of documents and sworn statements to prove where specific asbestos-containing products were

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Who’s Liable in the Event of an Aviation Accident?

Building on our last blog in which we talked about the common causes of aircraft accidents, today we would like to talk about who may be liable in the event an aircraft accident occurs. Can the owner/operator be held responsible? Generally speaking, it is unusual for owner/operators of airplanes or helicopters to be held criminally responsible. Only intentional conduct by an owner/operator for failing to properly maintain the plane or helicopter, or intentional disregard of federal regulations, can result in criminal liability. What CAN happen to owners/operators? The regulatory branch of the United States Government, known as the Federal Aviation Administration, will often fine owners/operators for improper maintenance or failure to abide by regulatory standards which govern the maintenance and flight of airplanes and helicopters. Civil liability, or a lawsuit, on behalf of injured or killed individuals is a more common form of liability. The National Transportation Safety Board (NTSB) usually investigates airplane or helicopter crashes and determines the most likely cause of the crash. What can The Segal Law Firm do to help me? At The Segal Law Firm, we have many years of experience investigating how airplane and helicopter crashes occur and whether they are the responsibility of

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Common Causes of Aircraft Accidents

Despite what many people think, airplanes and helicopters just do not fall out of the sky for no reason at all. Pilot error, weather or mechanical failures are the most common causes of airplane and helicopter crashes. Does the Segal Law Firm have experience in airplane and helicopter crashes? At The Segal Law Firm, we have handled cases where a pilot’s misjudgement or poor judgement, weather and/or improper maintenance caused an airplane or helicopter to crash injuring or killing the passengers. Our experience with regard to pilot error, weather, and mechanical failures has permitted us to represent many passengers and pilots over the years who were injured or killed. For instance, in one case we were able to determine that a pilot’s take off procedure, because of the prevailing weather conditions at the time, was inappropriate and unsafe resulting in a crash and serious personal injury to the passengers. We also have experience with mechanical failures in airplanes and helicopters as a result of improper manufacturing or improper maintenance. The discovery of mechanical failures is a complicated and painstaking task which we at The Segal Law Firm pride ourselves in getting to the bottom of what happened and why. What will

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Prescription Drug Safety

Prescription drug safety is a major concern for the public these days. Sadly, the last decade is littered with the history of bad drugs which have resulted in horrific side effects, illness and death. These were drugs and pharmaceutical companies that were regulated by the FDA. Drugs we believed were safe and effective were, in fact, dangerous and defective. In one such instance of this, the death toll climbs in fungal meningitis cases linked to steroid injections from a compounding center, and people are questioning the safety of our drug and pharmaceutical supplies. Who is at fault? The company at issue in the fungal meningitis case is known as a compounding pharmacy and is authorized to prepare only specific doses of approved medications, based on guidance from a doctor, to meet an individual patient’s need. It appears that the company actually shipped large quantities of drugs throughout the United States. Unfortunately, the United States Food and Drug Administration (FDA) has only limited regulatory authority over compounding pharmacies. According to the FDA, in any given week, half of adults will use prescription medications and some 10 percent will take at least 5 different ones. All prescription drugs have some risks. A

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What are Nursing Home Arbitration Agreements?

In today’s blog, we’d like to take this oppurtunity to teach our readers about something called Nursing Home Arbitration Agreements. What are Nursing Home Arbitration Agreements? Nursing home Arbitration Agreements are legal documents that restrict or eliminate a nursing home resident’s right to bring a lawsuit in a court of law with a jury against a nursing home facility in the event of abuse or neglect resulting in injury or death. Many residents, either unknowingly sign, or are coerced into signing an Arbitration Agreement upon their admission. What do they do? Sometimes, a family member unknowingly signs an Arbitration Agreement. Often, these Arbitration Agreements are structured such that they eliminate not only the resident’s right to bring a lawsuit, but the right of a family member and/or the resident’s estate. You should never sign an Arbitration Agreement without consulting with a lawyer. These Arbitration Agreements are meant to strip people of the fundamental right of access to the courts. You cannot be required to sign an Arbitration Agreement in order to be admitted to a nursing home. Please exercise every caution in signing documents at admission or any time during your loved ones’ stay. You do not want to be

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West Virginia has the 7th Highest Rate of Injury Deaths in the US

In today’s Segal Law Firm blog, we want to let you know about a startling new report called “The Facts Hurt: A State-By-State Injury Prevention Policy Report” recently released by the Robert Wood Johnson Foundation. It found that West Virginia had the seventh highest injury-related deaths for America. How does this compare with the rest of the country? In West Virginia, our injury-related death rate is 82.2 per 100,000 people. However, the national rate is only 57.9 per 100,000 people. Injuries are a leading cause of death nationally and the leading cause of death of Americans ages 1 through 44. The report found that many injury prevention strategies such as seat belts and child safety seats have been shown to reduce harm and death. The report also identified new sets of emerging injury threats of which we should all be aware. These threats include prescription drug abuse, concussions in school sports, bullying, texting while driving and falls in the aging baby boomer population. What should I do? At The Segal Law Firm, we believe in and promote injury prevention activities such as using seat belts, bicycle helmets and child safety seats. However, if you are injured, you should call The Segal

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What is Nursing Home Abuse?

In our last blog, we talked a little bit about nursing home abuse and neglect cases that The Segal Law Firm takes on. Today, we’d like to go more in depth about what nursing home abuse is, and the signs to recognize it. Nursing home abuse is generally defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish. Nursing home abuse may involve a variety of things such as assault and battery, sexual assault, the use of unnecessary restraints, the deprivation of food, drink, medicine or other basic necessities, and even mental or verbal abuse. At The Segal Law Firm, we have the resources and the knowledge to help you and your loved one if they have suffered abuse in a nursing home. What are the signs of nursing home abuse? You may be able to tell, or at least suspect, if a loved one is being abused in a nursing home by certain signs. These signs may include: The presence of bruises, cuts, wounds or welts Unexplained injuries Unreasonable use of physical restraints Your loved one may be confined to their room The elderly resident may be given too

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Does The Segal Law Firm Handle Nursing Home Abuse and Neglect Cases?

The Segal Law Firm has handled a wide variety of nursing home abuse and neglect cases. As improvements in health care allow more and more Americans to live longer, it has created difficult questions for caring for elderly citizens. Most adult children want to care for their elderly parents at home. However, it often becomes very apparent that the demands of children, work, and modern life do not allow for it. Thus, many of our senior citizens who are no longer able to fully care for themselves have to rely upon nursing homes and other long-term care facilities to provide care and sometimes treatment. Who have you represented? We have represented victims and their loved ones in situations such as a person wandering from a facility and being killed due to improper supervision. Other cases include far-ranging circumstances such as burn injuries, asphyxiation due to eating foods that should not have been consumed and also serious injury and death from infections and bed sores. Is this type of case common? Sadly, there has been a stunning increase in reports of abuse and neglect in facilities trusted to provide care. When that happens, a trust is breached and the rights of

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West Virginia: Caps in Medical Malpractice Cases

In today’s blog, we’d like to talk to you about a new piece of legislature that may affect you if you have suffered an injury due to medical malpractice. What is it? The West Virginia Legislature has placed “caps” on damages in medical malpractice actions. Simply, these “caps” limit the amount of damages that you are entitled to in the event that your doctor injured you through an act of medical malpractice. The limits on damages apply to what is known as “non-economic damages.” These are the damages that include pain and suffering, mental anguish and loss of enjoyment of life. Medical bills and loss of wages are not capped by West Virginia law. What does this mean? The limits on non-economic damages generally take two forms. If your doctor committed an act of malpractice which resulted in death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system or permanent physical or mental function, the non- economic damages limit is five hundred thousand dollars ($500,000). However, if your doctor’s malpractice did not result in one of these conditions, then the limit for non-economic damages is two hundred fifty thousand dollars ($250,000).

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