Personal Injury Articles

Accident vs. Injury Lawyers: What’s the Difference?

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 […]

Accident vs. Injury Lawyers: What’s the Difference? Read More »

If I’ve Been Hurt by a Gas Pipeline Explosion, Do I have a Case?

Gas pipeline explosions are a devastating event that often hurt people and property. Because of their rarity, few people are aware of their rights when such an unfortunate event occurs, and often are left wondering if they have any type of legal case, especially if they’ve personally been injured or their property has been damaged. In order to determine these rights and your ability to bring a lawsuit, the highly technical aspects of how pipelines are constructed and maintained must be considered. What Causes Gas Pipeline Explosions? Often times, improper construction, or the failure to properly maintain or seal off an abandoned gas pipeline, can result in explosions which injure people and property. The Segal Law Firm conducts a thorough investigation into the construction of and maintenance of pipelines when determining how to file a lawsuit on your behalf. Law Firms that have Experience in Gas Explosion Cases On October 17, 1983, the Davis Creek Foodland on Oakhurst Drive, in Charleston, West Virginia, exploded as a result of a leak from a Columbia Gas of West Virginia pipeline. Scott S. Segal successfully brought a lawsuit on behalf of the manager of the Foodland and ultimately tried the case to a

If I’ve Been Hurt by a Gas Pipeline Explosion, Do I have a Case? Read More »

Gas Pipeline Explosions in West Virginia: Safety, Lawsuits, and More

Safety is a major concern these days when it comes to natural gas pipelines throughout West Virginia, Pennsylvania, and other states. In fact, just recently the Post Gazette discussed this issue extensively when they referenced an explosion that occurred near Charleston:  ….but the pipeline explosion Tuesday near Sissonville, along Interstate 77, 15 miles north of Charleston, highlights its often overlooked and sometimes fiery risks. There are more than 2.5 million miles of pipelines running through the U.S., approximately 60,000 of which are in Pennsylvania. Concerns have heightened as new pipelines are laid to service burgeoning shale gas development in Pennsylvania and other states, and older pipelines corrode and crack, increasing the possibility of leaks and accidental explosions. A recent federal report found more than half of the pipelines in the U.S. are 50 years old or older. And while the West Virginia pipeline accident didn’t cause any injuries or fatalities, the U.S. Transportation Department’s Pipeline and Hazardous Materials Safety Administration data show pipeline accidents have caused the deaths of 68 people nationwide in the last five years, 21 of those pipeline workers. Natural gas pipelines throughout the State of West Virginia operate under very high pressures and explosions can result

Gas Pipeline Explosions in West Virginia: Safety, Lawsuits, and More Read More »

Infant Crib and Bassinet Product Safety

The United States Consumer Product Safety Commission (CPSC) recently reported that in the last decade there were some 700 deaths involving infants that were related to pillows and cushions in the baby sleep area.  It was announced that about half of infant crib deaths and a third of reported bassinet deaths are due to suffocation. What can be done? The CPSC has strong federal safety standards for safe cribs.  A safe crib is one that meets CPSC standards and is free of pillows, heavy quilts and blankets and toys. If you are purchasing a crib, make sure that it meets the new federal safety requirements. There include: (1) has no drop- sides; (2) contains anti-loosening devices on crib hardware to keep it from coming loose or falling off; and (3) has durable mattress supports. Once you have a safe crib, an uncluttered sleeping space is best. Young infants can get their faces stuck in blankets, pillows, soft toy and bumper pads, resulting in suffocation. What about bassinets? Bassinets may also present dangers.  Before buying a bassinet, check the recall list at the CPSC site as there have been a number of recalls due to safety and design flaws.  Importantly, improper

Infant Crib and Bassinet Product Safety Read More »

How Long Will My Mesothelioma Case Take in West Virginia?

The diagnosis of mesothelioma can be a very complicated and tricky one.  The Segal Law Firm only uses three experts to confirm a diagnosis of mesothelioma. These experts, known as pathologists, have international and national reputations for being able to diagnose mesothelioma and understand its causes. Who decides how fast mesothelioma cases are moved through the court system? The Mass Litigation Panel (MLP), which is a group of judges appointed by our West Virginia Supreme Court, helps move mesothelioma cases through the court system as quickly as possible.  Generally speaking, once the lung tissue has been obtained in order to confirm the diagnosis of mesothelioma, your case can be placed on a trial docket with a trial date within one year. What happens when the diagnosis has been confirmed? Once the diagnosis of mesothelioma has been confirmed, your cases will be set on a trial docket, hopefully within the same year as the confirmation occurs.  The cases are prioritized based upon whether the person suffering from mesothelioma is still living.  If so, those cases are scheduled to be tried first.  If your loved one has recently passed away and the widow and family are in need of compensation to help

How Long Will My Mesothelioma Case Take in West Virginia? Read More »

Are Some People More Likely to Develop Mesothelioma than Others?

There is a famous saying among lawyers who do mesothelioma cases that “asbestos does not respect a job title.”  Workers from all walks of life, pipe fitters, boiler makers, mill wrights, tin knockers, carpenters, roofers, electrical workers, bricklayers, steelworkers, ironworkers, mechanics and anyone who worked as a laborer in any job in a power house, chemical plant, steel mill or facility with furnaces and high heat systems is at risk for developing mesothelioma. Even people who worked around these industrial facilities such as secretaries and office workers have been known to develop mesothelioma, years after leaving their jobs. What experience does the Segal Law Firm have in these cases? There are several different types of cases which have been successfully brought by The Segal Law Firm for people who never worked at an industrial facility or worked an industrial job a day in their life.  These cases have involved wives who washed their husband’s clothes, children who hugged their fathers when coming home from work or who would help mom shake the dust off of his overalls before they went into the laundry.  Also, looking way back 30 to 35 years, we have found a person who, although they were

Are Some People More Likely to Develop Mesothelioma than Others? Read More »

Do the Same Laws Apply to Commercial and Private Aircraft Accidents?

Aviation accidents can be some of the most traumatic experiences one may have, and it is important to know the laws that govern such accidents so that your rights as a victim are not impeded upon, no matter if it was a private or commercial aircraft. Who regulates aviation accident laws? The laws pertaining to commercial and private aircraft are predominantly regulated by the Federal Aviation Administration (FAA).   These are highly technical and extremely complex regulatory guidelines which apply differently to each type of commercial and private aircraft. In fact, some regulations apply differently depending upon the type, size and weight of aircraft, as well as whether they are being used for private or commercial reasons. What affects liability? You should also note that the law of the state where the crash occurs will affect liability, regardless of the federal regulatory scheme. Because of the complexity of these laws, it is important that you consult with a law firm who has experience with both state and federal law in aviation accidents so that you are sure that you are bringing the right type of lawsuit and making the right type of claim on behalf of yourself or a deceased family

Do the Same Laws Apply to Commercial and Private Aircraft Accidents? Read More »

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

Who’s Responsible in Aviation or Airplane Accident Cases? Read More »

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

Who is Responsible for the Cause of My Mesothelioma? Read More »

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

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