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Going Up Against a Tractor Trailer

If you take a two thousand pound vehicle and put it up against an eighty thousand pound tractor trailer, which one do you think is going to end up losing that fight? The tractor trailer is going to crush your car like a sand pebble. You want to have someone on your side that understands the federal regulations that relate to these tractor trailers, and knows how to investigate and prove your case. Experience is important in these cases from the very start of the investigation. You have to know about modern trucks and what they are capable of these days. Many of them have black boxes and GPS systems that can tell us a lot about what happened in the wreck. Many trucking companies can track their drivers in real time and tell us how fast the truck was going or when the driver last took a federally required break. Was the accident due to fatigue? Was it due to alcohol or drugs? Did load shift because it wasn’t loaded properly or was the tractor trailer poorly maintained? From the get-go, we have to be asking these questions. And if I don’t have the answer, I have to […]

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The History of Mesothelioma Matters

Before you hire a lawyer for your mesothelioma case, you’ve got to know that he or she has intimate experience with the history of the disease. It’s critical to understand not only the history of the medicine and its causes, but also how, when, and where asbestos was used throughout history in a variety of different fields and products. How, When and Where? How was asbestos used? What was it used for? Who was it used by? And when did the companies using it know about the dangers associated with asbestos? Hundreds of different companies used asbestos for insulating pipe, boilers, and ships. They used it for building power houses, chemical factories, and doing electrical work. I could go on and on. Your lawyer has to know exactly where the asbestos was used. Your attorney also needs to understand the history of what the asbestos companies knew about their products when they were manufacturing them. Someone with the experience like I have in these cases will be able to explain to the jury how and why these tragedies have occurred from a historical basis. They can also explain why these companies did nothing to protect the workers form

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Breaking Down the Contingency Fee

Law Firms in West Virginia who predominantly represent injured workers generally work on a contingency fee basis. All that really means is that we only get paid if we win you money. But you’ve got to have that in writing. There are expenses that go into making a great case that also have to be spelled out and you’ve got to find a law firm that has the financial wherewithal to cover those, too. At Segal & Amos, PLLC, you know upfront what you’ll be paying for and when you’ll be paying for it. And it’s not until after we’ve won. We use the contingency fee because we know that the average working man or woman simply can’t afford an experienced, big-name law firm. That’s why we say, if we win your case, you’re going to give us a percentage of that money. It might be thirty, thirty-five or forty percent, depending on the complexity of the case. There’s a law that says that as long as it’s in writing, it’s okay for a lawyer to charge the percentage of the winnings that he or she accomplishes for that family. In addition to a percentage, there are also

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What is the Average Coal Mining Case Settlement?

It’s not uncommon for a client to want to know the average settlement of a coal mining injury case. These injuries are usually life-changing and monetary stability becomes a huge issue. It’s not easy to give you a dollar amount, but I can tell you the many specific elements that go into estimating a settlement. You need an experienced lawyer, like us at Segal & Amos, PLLC, who know what those elements are and how to go about making sure you and your family are protected. A lawyer who has any good amount of experience dealing with coal mine injuries and coal mine death cases can tell you what the elements of damage are and who the expert are that are needed to prove them. For instance, if you have had a crushing injury, you’re most likely going to need an orthopedic or neurological expert. You’ll also need a life-care planner who can tell the judge and jury what types of devices you’re going to need throughout your life. Most people, when they see someone in a wheelchair, think that they’ll need just that one device. Not true. If you’re a hunter, you need assisted living devices that

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Coal Mining Case Lawyers: What Should I Know?

When it comes to fighting coal companies, you’ve got to have someone in your corner that is willing to fight the bully. We’re talking about multi-million dollar companies that are willing to play dirty and coal miners know that. At Segal & Amos, PLLC, we not only have the financial security to go round after round with these guys, we have the experience it takes to handle the complexities that coal mining cases bring. We have dealt with cases from the Upper Big Branch disaster, Aracoma and even one going as far back as the Farmington disaster, which was more than four decades ago. There are very complex federal and state regulations that are going to determine whether or not we can bring a suit. And those state and federal regulations are the hallmark of every major coal injury or death case in our state. Families have a right to certain types of information from both the federal and state agencies, and your lawyer has to know how to get that information and know how to use it. Because the complexity of the regulations, it’s kind of like a mine field in itself. You want to be sure

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Do I Need a West Virginia Lawyer?

“If I’m from out of state and am hurt in West Virginia, is it necessary to have a West Virginia lawyer?” I don’t think I’d use the word ‘necessary,’ but I certainly think it’s in your best interest. A West Virginia lawyer with the kind of experience the we have at Segal & Amos, PLLC is going to know West Virginia law, West Virginia judges, and West Virginia juries better than an out of state lawyer. But is it absolutely necessary? The answer is no. The thing is, if you get an out of state lawyer, they’re going to have to hire a West Virginia lawyer anyway because they can’t practice law here unless they happen to be licensed. It’s not unusual for us to work with out of state law firms to help clients who have been hurt in West Virginia. Right now I’m handling a case for a Canadian woman who was severely injured in a motorcycle accident here in West Virginia. Her Canadian lawyer called me and asked me if I would be willing to help. Once I realized how badly she was hurt I, of course, agreed. So, in the end, you are going

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What is a Mass Tort Case?

The answer is pretty simple: a mass tort case involves a large group of people who were hurt by a singular event. The most famous one in West Virginia was probably the Upper Big Branch disaster, which took the lives of twenty-nine people as a result of one explosion. Another example would be the asbestos that has poisoned thousands of West Virginia workers since the 1940s. Mass tort cases in West Virginia are handled by mass litigation panels that help experienced lawyers move the cases through the system with great efficiency. If you have the disease mesothelioma, which was caused by the asbestos used to insulate factories in the forties, fifties, sixties and early seventies, your case will be handled as a mass tort case in West Virginia. It will be streamlined by the mass litigation panel. There’s one judge on this panel who tries mesothelioma cases four times a year, which is usually about fifteen to twenty cases each time. As a result of that, we know what discovery needs to happen and what documents we need to prepare in order to get your case to trial. Segal & Amos, PLLC knows what information is required by

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Class Action Cases: A Vehicle for the Masses

Class action lawsuits are a vehicle for several people with a similar type claim to bring a case against the same defendant all at once. Usually it involves everyone getting hurt by the same medicine or getting overcharged by the same financial institution. The good news is, you’re offered plenty of protection as part of the class action. Let’s say the bank overcharges you five cents for a check. Well, you can’t sue the bank for five cents or even five hundred dollars! In fact, it would cost you more to hire a lawyer. But if all the people who use that bank and those checks got together in a class action, they would be able to afford to sue the bank and get that money back. That’s why you see a lot of class actions against financial institutions, lending companies and credit card companies. It can also involve certain types of medicine. If a drug is put on the market that is dangerous and the FDA had been misled by the drug company, groups of people can ban together to bring a class action. They might ask for things like medical monitoring, which is a certain type

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Nursing Home Abuse: What Kind of Lawyer Does it Take?

There are two critical pieces a good lawyer must have to handle a nursing home case. First is experience with nursing home cases and knowledge of the state and federal regulations that affect them. More importantly, your lawyer must have a deep compassion for the elderly. Other than our children, our elderly are the most fragile segment of our society and nursing home neglect is typically as a result of compassion-less, cold hearted, money-grabbing corporations who don’t care about your grandma or grandpa. It’s your attorney’s job to understand that on a very personal level. The regulations that cover nursing homes are vast. There are rules as to what they are allowed to do and how they are supposed to be staffed. There are requirements for the number of people who have to be working at any given time. You need a lawyer who has experience with those rules and regulations on a state and federal level. Those laws are on the books to protect your parents and grandparents. We’ve seen people walk out of their nursing home and get killed. We’ve seen people starved to death. At Segal & Amos, PLLC, we know what to look for and

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Why Does Experience Matter in Aviation Crashes?

Aviation accidents are some of the most complicated cases we see at Segal & Amos, PLLC, so it’s no surprise that your attorney’s experience is absolutely crucial. Whether it’s a commercial airliner, a private jet, or a helicopter, all aircraft is regulated by specific federal regulations. But these rules vary for each type of aircraft. Your lawyer must not only understand these regulations, but must be familiar enough with each type of case so that he or she can relay that information to you, your family, and possibly a jury. What’s so complicated? A commercial jet case is going to be different than a helicopter case, but they are both going to be investigated by the NTSB or the National Transportation Safety Board. All aviation accidents in this country are investigated first by the NTSB, who invites people from different backgrounds into the investigation. You have to a lawyer, like the lawyers here at Segal & Amos, PLLC, who knows how to track that investigation and get your family information you are entitled to in a timely basis. Experience with your rights Families have rights. And you need a lawyer who knows what your rights are when it

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