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Out of State Workers’ Injuries – the ABCs

Since the gas boom began here in West Virginia, we’ve seen more welding trucks out of Alabama and Texas and Mississippi and Georgia than we do from West Virginia. And of course, those folks have no idea what their legal rights are if they get hurt while working here. When someone is burned or injured on a gas or oil rig, as soon as you know the reason, you can pretty quickly answer the question, “Can I sue?” First, we want to know that worker’s relationship to the company that caused the explosion or caused the fire. Who was their boss? Who was their foreman? Was there an independent contractor or another company doing something that caused the explosion? We can walk the worker and/or their family through the technicalities of the case and pretty quickly explain to them their rights and remedies under the laws of West Virginia. It’s important that they contact an experienced lawyer in the area of explosions and burn injuries – especially if they are from out of state. Feel free to call us here. There is no charge and we are happy to talk about the case and look into it and tell them […]

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Tractor-Trailer Crashes: The Information Needed to Prove Your Case

The complexities of a tractor-trailer accident require much more than witnesses and word of mouth, like many of your day-to-day fender benders. These days, technology is the first place we go to start looking for answers.  At The Segal Law Firm, we are knowledgeable about what questions to ask and where to get the information we need to prove the cases of our clients. It has almost become an industry standard for trucks to be equipped with black boxes. These keep track of several different variables in the truck including mileage, speed and other important data. This data can be downloaded with the correct computer software and often provides a lot of information about what the driver was doing up to and until the time of the accident.  It may not be clear at first glance why the drive crossed the median or hit a passing car, but this black box information may be the key that can legally prove your case. Another interesting development is the fact that big companies are keeping track of their drivers with GPS systems. If you’ve ordered a package for delivery, you’re probably aware  of tracking numbers. These allow you to see if your

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Tractor-Trailer Crashes; Who is Responsible and How Am I Protected?

Why Does Insurance Matter? As a lawyer who has tried many tractor-trailer cases, insurance coverage is one of the very first matters I take into consideration. Right now, just to drive across state lines, a truck has to have a million dollars in insurance coverage. What many don’t understand, is the tractor often has a different owner from the trailer it is pulling, which might mean more than one insurance policy. In some instances, big companies have ten, twenty, even thirty million dollars’ worth of coverage! We recently had a case where it turned out that more than one company was involved in the financing of a particular tractor, which we call a joint venture. We were able to get our clients a substantial extra insurance policy for their loss because we proved these companies were working together. Insurance, like the rest of the regulations involving tractor-trailers, is a complex situation, but it’s one that’s very important to you and your family.  If you’ve suffered a debilitating injury, the more insurance that is available, the better off you’re going to be in the end. It’s very important that your lawyer know who to ask about insurance and where it might

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Cutting Corners: Oil and Gas Rig Explosions on the Rise

There is a large rush to tap into the Marcellus Shale gas reserve here in West Virginia, as well as other states. A lot of people don’t realize it, but drilling and getting natural gas out of the earth is not just drilling a hole in the ground and capturing the gas that comes out. These are complex rigs that have complex safety rules. You’ve got to be very careful extracting natural gas from the earth. You have to be very careful about how you capture it and pipeline it. You are reading about these incidents because people are rushing to get to these sources of natural gas and mistakes are being made. Proper safety precautions are not being taken to protect workers and people around the area from escaping gas catching fire, or by-products catching fire and explosions. Management and the people at the site who are responsible for safety, need to understand that these steps are paramount and profit is secondary. If you take the shortcut, do the job in a quick but not safe way – people are going to get hurt. What you are reading about in your newspapers and hearing about on your news when

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Who are Scott Segal’s Heroes?

My heroes in real life are anyone who runs into the face of danger to alleviate the suffering of others. Whether it’s soldiers who are facing their own death and instead of shying away from it, go in to free people to get them away from suffering and slavery. Doctors without Borders, who go into camps where people are suffering from disease, malnutrition – anyone like that. Nurses, and people who rescue animals and people that are facing danger – those are my heroes in real life. In many instances when someone is hurt, the reason they are hurt is because they are trying to rescue someone else or help someone else at work. Time and time again I have represented brave men and women who were doing their job and then unfortunately, a co-worker was seriously hurt or killed and they sprang into action to try an alleviate the suffering of that person and get them help. And a lot of these injuries occur deep down in mines where they have to carry their brothers or sisters out, far out in remote areas of West Virginia. There are a lot of heroes in this state that face danger everyday

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What Should I Look for in a West Virginia Coal Mine Accident Lawyer?

If you have suffered an injury in either an underground coal mine or a surface coal mine, it is important that you and your family seek a lawyer who is experienced in these types of cases. The lawyer should have a thorough understanding of both federal and state regulations and the differences in how they affect deep mining, underground mining and surface mining. They should also know the rules such as those that affect the machines used in a surface mine and how well the people are trained who are responsible for your injury. At Segal Law Firm, we ask these questions every day. A coal mining company might tell the government they have a mining plan and a roof bolting plan, but in reality they’re not following that plan. They might also state they maintain their equipment, but when a lawyer looks in the right places, it becomes apparent that equipment was not being maintained pursuant to the manufacturer’s specifications, which resulted in someone getting injured. We have had cases where injuries resulted from a co-worker who shouldn’t have been in the mine in the first place because they didn’t have the right training. All these reasons are why

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Should you Hire a Lawyer in West Virginia?

If you are injured in West Virginia, you are not required to hire a lawyer within the state. However, if you hire a lawyer from out of state, they must either be admitted to the West Virginia State Bar and have an office in the state, or they will need to hire a lawyer within the state to work with them on your case. It would make better sense to hire an experienced and knowledgeable lawyer here in West Virginia, with a good track record. It will be less expensive for you in the long run and a West Virginia lawyer will know the area and how to work through our court systems more effectively than someone who doesn’t regularly practice here. Because of our years of service to the community here in West Virginia, as well as our knowledge of the legal system, the Segal Law Firm is asked to assist out of state lawyers quite often, particularly in the case of complex litigation. We will sometimes agree to assist in those cases, but we feel your best avenue is through a lawyer who is local to the state, thus assuring that the other side will recognize your lawyer

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Tractor-Trailers are Highly Regulated for a Reason

Why Are Tractor-Trailers Highly Regulated? When it comes to understanding tractor-trailer regulations, it’s best to start by looking into why the federal government stepped in and created them in the first place. Why does the government have one set of rules for cars and a completely different set for tractor-trailers? Well, the simple answer is, if two cars collide, generally, they’re going to be about equal in protecting their passengers. But if you get hit by a tractor-trailer, you’re dealing with a whole different ballgame; you’re going to be seriously injured or even killed.   Lack of Sleep The federal government has looked at accidents over the years and pinpointed a main cause; fatigue.  A lack of rest is the most critical thing we find when investigating these cases. The driver has been driving too long, for too many hours, for too many days. Remember, this is not an hourly per day regulation. You’ve got to look at how many hours were driven on Monday AND Tuesday, as well as how many hours the driver slept in between. Taking it even further, how many hours were driven in the entire week? There are very specific regulations that drivers have to

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How Long Does the Legal Process Take?

Unfortunately, a legal case takes more than an hour like you see on TV crime dramas. I wish they only took an hour. Small cases in West Virginia that may involve property dispute, breach of contract, a simple divorce – cases like that move through the court system pretty quickly – often times in just a few months to a year. In serious personal injury cases – explosions or coal mine accidents, drilling rig accidents, power house or chemical plant accidents – those can wind up in the court system for as much as a year to two and half years depending on the judge’s docket. A judge doesn’t have one case to handle the way they do on TV, they’ve got hundreds. So the cases move through the system like a pipeline and the judge can only handle so many cases. If the pipeline gets a little bit clogged up, the judge may be only be able to try so many cases in a year. If he gets a lot of settlements, he or she will be able to move the cases more quickly. But I think as a rule of thumb, in a year to two and half

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What is a Mass Tort Case and how are they Handled in West Virginia?

People often confuse mass tort cases with class action lawsuits, but the difference lies in the fact that mass tort cases involve an event where a lot of people are injured or killed at one time. West Virginians may be familiar with the Upper Big Branch Mine disaster which killed 29 miners in a single event. Going further back in time, the Willow Island Tower collapse is another example of a single event disaster. The Mass Litigation Panel Here in West Virginia, we have a Mass Litigation Panel which is a group of judges who deal with cases involving multiple people injured or killed in an event. These events could be explosions, fires, mine explosions, industrial accidents where a roof falls in or an oven explodes, electrical disasters or chemical leaks. All of these are examples of mass torts and they are handled by the Mass Litigation Panel which facilitates getting multiple families through the court system as efficiently and inexpensively as possible. Occasionally a case might stay with the judge it was filed in front of, but many times litigators themselves or the Supreme Court will request the Mass Litigation Panel step in to help families get quick resolution

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