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Why Mesothelioma Takes So Long To Show Up

Mesothelioma And Its Latency Period Mesothelioma is a rare, but extremely aggressive cancer, mainly caused by the use of asbestos products in industrial facilities. The process one goes through after being diagnosed with the disease is brutal for the whole family. It’s an often shocking diagnosis because usually the patient hasn’t been around said asbestos for several decades. The disease has a long latency period, meaning exposure may not manifest as cancer for thirty plus years. This helps explain why cases are still showing up, even after OSHA, The Occupational Safety and Health Administration, regulated the asbestos industry in the early 1970’s. Here we are, decades and decades after, and we’re still seeing cases of mesothelioma due to its latency. To make things clearer, think about sunburn; you go out into the sun, stay there too long and you burn immediately. A sunburn is not a latent disease. However, if you smoke cigarettes, even if you quit, you may still develop a cancer years later. Asbestos and mesothelioma are like that. It’s not unusual for folks to be diagnosed twenty, thirty or forty years after they’ve left their jobs at the chemical plants, power houses, and industrial facilities. How Much […]

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What is Mesothelioma and What Should I Expect?

What is Mesothelioma? Over the years, I have dealt with literally hundreds of people who have had the disease mesothelioma. Mesothelioma is a cancer in the lining of the lungs and, less frequently, the lining of your stomach. When it becomes cancerous, it is extremely aggressive and debilitating.   What Should I Do If I’ve Been Diagnosed? It is important for people suffering from mesothelioma to have a close relationship with their primary care physician and hospice because they are going to need a very intense, very carefully thought out pain management plan. Unfortunately, it is invariably a fatal cancer. A pain management plan and a good rapport with the hospice nurses and your primary care physician are critically important steps to take once you’ve been diagnosed.   What Should I Expect? Mesothelioma has side effects that can be extremely painful for both the person that contracts the disease and his/her family. One of those side effects is a great loss in appetite. As a result, we see our clients suffering severe weight loss and are almost emaciated by the time the cancer has run its course. Because the disease takes such a toll on the body, you must be

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Is There a Difference Between Accident Lawyers & Injury Lawyers?

If you are seeking the services of a lawyer, it may be confusing when you see lawyers who call themselves accident lawyers or injury lawyers, and you may wonder how they differentiate between the two. In my opinion, there really is no difference and although lawyers may state they specialize in specific areas, what really counts is their experience. You need to ask how many injury cases they have tried to a jury; or if they claim they are an accident lawyer, then exactly how many cases have they investigated, filed and resolved, either by mitigation, settlement or winning a case in a trial. If they tell you that you will be their first one – run! For example, if you were in need of a doctor to perform a procedure, you would definitely want to know if they are experienced with that procedure, and it’s no different with lawyers, because your lawyer needs to be experienced with your specific type of case. In the state of West Virginia, a lawyer cannot call himself a specialist; they can tell you their level of experience and the types of cases they have filed, discovered and tried, but they cannot tell you

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The Average Settlement for Trucking Accidents in West Virginia

If you are involved in an accident with a tractor-trailer in West Virginia, settlement is based on two major components, although each component has many complexities. Component No. 1: Why did the tractor-trailer crash into you or a family member, or why did it dump their load on your vehicle, or why did their brakes fail, resulting in it crashing into your house while you were in bed asleep? The Segal Law Firm uses experts who understand federal regulations concerning how a truck should be loaded, inspected and maintained. They also determine how long the driver actually drove that day before the accident, whether he took the mandatory sleep break, what his log books look like, whether the log books match up with his fuel receipts, and where he checked loads or picked up loads. The sad truth is, a driver can write down anything they want to and their information must be verified. Other determinations involve whether the driver was using drugs or alcohol and if the truck maintained properly. Obviously, an impaired driver or a poorly maintained truck that has bad brakes or bad equipment will result in a case that is worth more than where the driver

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Average Settlement Amount in Electrical Accident or Injury Cases

If you or your family are seeking advice regarding an electrical accident or death, the Segal Law Firm doesn’t believe in cookie-cutter averages. We don’t feel it is fair to a client to hand over a number which might not actually have anything to do with your case at all. Some of our clients have settled in the area of $100,000 to $300,000 and others have settled for multi-millions of dollars. We prefer to examine each case individually and determine what sort of injury you received, or if death was the result of an electrical accident. By nature, electrical accidents can cause everything from simple burns to limbs being completely burned off, gruesome scarring, blindness, loss of motor function and death. If a client needs debridement, this is a difficult procedure and they must then go down a very long road to recovery. A case we handled a few years ago was the result of someone literally having their arm blown off from electricity and it also required amputation of their leg. More often than not, the Segal Law Firm has had great success in finding large amounts of insurance or even big companies who are responsible for these injuries

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Tractor Trailer Settlements: The Crushing Truth

Tractor trailer accidents can seem pretty cut and dry when you look at them from the surface. But what exactly determines the amount of the settlement? There are two basic things that go into it. First, what was the misconduct of the driver of the tractor trailer? And two, how seriously did you get hurt? Here at The Segal Law Firm, we have been investigating these cases over many years and understand how to dig to find those answers and get you the best possible settlement or verdict. Let’s break the first one down a little bit. What kinds of misconduct are we looking for when we start digging into the cause of the wreck? Well, there are very specific federal regulations that tell us how many hours a trucker is allowed to drive, so that’s usually the first place we start. Many, many times, we find that the company or the driver pushes it too far and winds up logging way too many hours. This leaves them tired and groggy, which can easily be the cause of a horrific wreck. The other thing we see, of course, is alcohol and drug abuse. That type of thing is going to

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What is the Average Cost to Hire an Injury Lawyer in West Virginia?

Here in West Virginia, the average cost to hire a competent and experienced injury lawyer ranges between 25 and 40%, and that will depend on the actual costs and complexity associated with your case. The Segal Law Firm sometimes has cases where there isn’t a lot of insurance available as a result of an automobile accident. A common assumption is that most people think the at-fault driver’s insurance is their only recourse. Our job is to find what insurance is available and then collect it. Many people aren’t aware that their own car insurance sometimes has extra coverages in the event of a wrongful death motor vehicle accident. We check for double-indemnity policies at your workplace, insurance on your mortgage and on your car itself or the car loan. If insurance is limited and costs associated with your case are small, we may sometimes lower our cost to you to 25%. Typical injury cases range between a third and 35%, with complex cases running around 40%. A complex case is one that will require a lot of experts. Mesothelioma Cases If you have a Mesothelioma case, which is a disease of the lining of the lung or gut from asbestos

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Rights of a Family Member in a Coal Mining Death

When you or your family have suffered the death of a family member due to a coal mining accident, there are two very important questions that your lawyer should obtain answers for on your behalf. First, and foremost, you deserve to know what exactly caused the death of your husband or your son or your family member. Fortunately, in West Virginia both federal and state investigators have a duty to the family to answer this question and help you understand why this tragedy occurred. The Segal Law Firm has found through its years of experience that both federal and state investigators are very, very good at trying to find an answer to this question for you and your family. However, sometimes this question requires a little patience before it can be accurately answered. There may be dozens and dozens of witnesses to interview; machinery and equipment maintenance records need to be examined as well as mine maps and detailed engineering drawings. However, my experience in these cases has shown that federal and state investigators are every bit as concerned as you and your family to uncover the truth. You and your family should be aware that under recent West Virginia

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Contingency Fees and Why They Exist

Let’s get real here: the reason you’re hiring a lawyer in an injury case is to win damages for you and your family. But what’s that going to cost you? How much will the law firm charge to take on your case?  This is an extremely important question to all involved and one that we at The Segal Law Firm take very seriously. The answer is going to be based on your contingent fee contract and the amount of risk involved in your case. One thing is always true, we don’t get paid unless we win you money.   What is the Average Contingency Fee? Above I mentioned a contingent fee contract, which is a written document that guarantees you and your family that an injury lawyer is going to get a specific percentage of what they win you. In West Virginia, that is going to run between thirty and forty percent. This is always done in writing so that if they don’t win or get you money, you don’t owe anything. This is extremely important because it helps people get protected who would normally not be able to afford legal representation. I’ve made my living for over thirty years

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Common Problems Encountered with Coal Mining Safety in West Virginia

In the coal mining industry, safety hazards are prevalent and unfortunately, the number one problem encountered is when employers and contractors make the mistake of putting production ahead of safety. When their mindset dictates that the mining of coal must be performed in a manner where they can get as much as they can on every single shift, that’s when their regard for safety of all employees takes a backseat and this disregard for safety precautions can arise in both surface and deep coal mines. Out-by work is critically important in deep mines as it is a lifeline for each and every miner. This includes rock dusting, adequate ventilation and proper equipment maintenance. We here at the Segal Law Firm have seen far too many instances where equipment has undergone improper maintenance or has been rebuilt in such a way that it no longer complies with manufacturer’s standards. Safety devices may be altered, jack leg parts may be used and in some cases, safety devices are simply welded off completely. We have seen cases where roof bolters literally hang and kill their operators or where blast shields crushed the heads of maintenance people. We have also seen roofs fall as

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