Nursing Home Abuse Articles

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 The Segal Law Firm 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.   The Segal Law Firm 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 The Segal Law Firm, we know what to look for and …

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What Type of Lawyer Can Handle Nursing Home Abuse Cases in WV?

In West Virginia, as in most states, the best lawyer for nursing home abuse cases is one who is experienced in these situations. Segal Law Firm consults with a large number of former nursing home administrators, nurses and various other people who are familiar with nursing home protocol. These people offer opinions on whether or not appropriate federal and state regulations are followed. In our experience, we have found that nursing homes are often understaffed. Many times they don’t have the right equipment or that equipment is used incorrectly. Sometimes the people they hire simply have no business being employed in a nursing home and this can entail former convicts or under-trained staff. Because of these circumstances and more, you need an experienced law firm who knows how to look into nursing home records to discover why your loved one died or suffered serious injury. The Segal Law Firm handles nursing home cases on a contingency fee basis which means that if your case isn’t settled, or a jury verdict isn’t reached, you owe us nothing in attorney fees. Your lawyer should have a thorough understanding of both federal and state regulations to make a determination of what went wrong. …

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Don’t Wait Two Years- Evidence Disappears

You may have two years to file a lawsuit, but trust me when I say that you don’t want to wait that long to call an attorney. The fact of the matter is- evidence disappears. The longer you wait to call, the harder and harder it gets to bring your case. It doesn’t matter what type of case it is; tractor trailer, coal mining or mesothelioma. You need to call The Segal Law Firm as soon as you’ve been in accident so that we can make sure critical evidence doesn’t disappear right out from under you. Tractor Trailer Wrecks If you’ve been in a tractor trailer accident, it’s imperative that you or a family member call us immediately after you wake up in the hospital. We’re going to want the black box from the truck, the driver’s log books, the GPS information and the home office data about where the truck was and how fast it was going. Those are all pieces of evidence that are going to disappear pretty quickly it you’re sitting around waiting for two years to give us a call. Coal Mining Accidents When it comes to coal mining accidents, we’ve got to be a part …

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