Personal Injury Articles

I Received the Wrong Medication from My Pharmacist, What Can I Do?

Few people know that pharmacy technicians are actually the individuals who pull the pharmacy stock bottles off the shelf and fill your prescriptions. They are not pharmacists. Technicians may have limited education and must be supervised by a licensed pharmacist. Pharmacists must check each and every prescription filled by a technician that leaves the pharmacy. Failure of pharmacists to properly supervise their technicians cause many medication errors each year. What kind of mistakes can be made by Pharmacy Technicians? A large majority of medication errors involve patients either getting the wrong dose of medication or the wrong medication altogether. In these circumstances, either the pharmacist or a pharmacy technician either dispensed the wrong medication or the wrong dose, or they may have typed the instruction label incorrectly. Pharmacies must have rules and regulations in place in an effort to catch these mistakes. In most instances, the rules are not being followed and as a result, mistakes occur. What should be done? Many states require pharmacists to counsel patients about the medications that they have been prescribed. Pharmacists must make sure that a patient understands why the medication is being prescribed, what the medication is, how to take the medication, as …

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Coal Mine Crush Injuries and Fatalities

In today’s blog, we’d like to tell you a story of a coal mining crush injury case that The Segal Law Firm took on recently. Many injuries and deaths that occur in coal mining are related to equipment and lack of experience. The Segal Law Firm represented the family of a 23-year-old miner who received fatal crushing injuries when he was caught between the continuous miner boom and the mine roof as the machine was being trammed out of the mine in order to do needed repairs. Investigation by Segal Law Tremendous investigation by our legal team revealed a number of contributing factors leading to the tragic loss of the young father. The mine had difficult working conditions requiring extensive rehabilitation. It had been experiencing poor mining conditions including low seam height, harder roof and floor rock and water.  During the move of the continuous miner, the victim was assisting with cable while working as a helper rather than in his regular job as a greaser. The continuous miner had to be trammed down a ledge, through airlock doors and had to avoid diagonally hanging cable. The victim received fatal crushing injuries when the miner boom caught his head against …

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I was Injured While Riding a Motorcycle. Do I Have a Case?

Motorcycles are becoming more and more popular all over the country, mainly due to the fact that they get good gas mileage at a time when gas prices are steep. Because of this increase in motorcycles on the road, there has also been an increase in motorcycle accident injuries. The number of fatalities involving motorcycles and scooters are at an all-time high.  Motorcycles and scooters offer less physical protection than cars, vans and SUV’s.  They also can be difficult for cars and vans to see, especially when they are in the blind spot of other vehicles. Easy Solutions to Motorcycle Injuries At the Segal Law Firm, we understand that motorcycles can be convenient in this time of high gas prices. But we also promote proper motorcycle safety that can help you prevent injuries. Some simple safety precautions you can take are: Wear a helmet.  Fatalities are reduced when riders wear helmets. Wear jackets, boots and gloves as additional protection. Watch for “no zones” or blind spots of cars, vans, SUV’s and trucks. Drive defensively. Drive with caution. Do not ride between lanes or share a lane with another vehicle. Have you or a loved one suffered a serious injury or …

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I Suffered an Injury on an ATV. Do I have a Lawsuit?

One of the most fun recreational activities, especially in West Virginia, is riding on an ATV. An ATV, or All-terrain Vehicle, is defined by the American National Standards Institute (ANSI) as a vehicle that travels on low-pressure tires, with a seat that is straddled by the operator, along with handlebars for steering control. With the beautiful hills, landscapes, and ATV trails in West Virginia, it’s easy to see why people love them. The Problem However, nationwide there are hundreds of people who die in ATV-related accidents every year.  Hundreds of thousands of people are injured, and some of the injuries are significantly life changing. At The Segal Law Firm, we appreciate the passion for ATV riding.  But, we are concerned about the safety of you and your family. Simple Solutions Here are some simple and well-recognized ATV safety steps that you can take to help be as safe as you can while riding an ATV: Take a hands-on training course; Wear a helmet and other protective gear; Do not carry passengers on single-rider ATVs; Ride off-road and on trails and not on paved roads; Know the terrain you are riding; Keep children younger than 16 on youth ATVs and off adult ATVs. Have …

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I was Injured at the Pool. Do I Have a Case?

When the heat rises in the Summer, most people love to run to the pool for a quick cool-down and Summer fun. But this can also mean that there is an increase in pool related injuries. At times, pool fun can turn to tragedy.  Some 400 children ages 0-14 die in pool and spa drownings each year. Another 5,000 are treated for injuries in emergency rooms. Some of these injuries are severe and life changing. Portable pools such as those that are inflated in back-yards account for 10 percent of all pool drownings for children under the age of five. Drains in larger pools and spas can also be a danger. Pool Safety is Key The Segal Law Firm promotes pool safety, and here we provide some basic safety practices that help keep families safe and having fun at the pool: Always watch children; Teach children basic water safety; Keep away from drains, pipes and openings to avoid being entrapped; Keep a cell phone close by; Learn to swim; Learn CPR. Would you like to know more about pool related injuries and pool safety? Have you or a loved one suffered a serious injury or a fatality at the pool? If …

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Handling and Storing Materials Present Worker Hazards

Some of the most common cases we see at The Segal Law Firm are workplace injury cases. Handling and storing materials can present many worker hazards that can cause catastrophic injuries. Manufacturing facilities, warehouses, and workplaces with mixed operating functions present special hazards for workers.  Operations in handling and storing materials often involve hoisting tons of product with crane, driving loaded trucks, operating stacked forklifts and manually stacking and carrying drums, barrels and blocks.  The improper handling and storage of materials results in injuries and fatalities. Hazards include the following: Being caught in pinch points Being struck by falling material Being hit by mobile equipment Employers and management have a duty to evaluate the work environment and apply general and specific safety principles and training in order to reduce workplace accidents. Segal Law Experience The lawyers at The Segal Law Firm successfully represented a man who was severely and permanently injured at his workplace in a plant. The worker was a train operator who had the job of making rolling train transfers of product and materials from one part of the plant to others. The area where he was working was highly congested with machinery operating, processing taking place, and …

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Trucks Present Dangers at Surface Mine Operations

Today we’d like to take the time to tell you about a case our legal team took on recently. During the dark early morning hours on a surface mine, a highwall drill operator with a wife and two children was killed. He was killed when the small portal van in which he was a passenger was pushed, run over and crushed by an enormous rock truck weighing over 126 tons empty and capable of carrying 190 tons. The enormous rock truck with a length of 42 feet and a width of 22 feet and tires over 11 feet tall limits the driver’s line of sight and has significant blind spots.  The surface mine rock trucks are so large that the drivers who are sitting some 20 feet above the ground have huge blind spots where they cannot see other vehicles or miners working nearby. The portal van used to transport miners to their work sites had an inoperable strobe light. The non-functioning strobe light had been reported to management and maintenance and not repaired or replaced. Strobe lights are necessary for safe movement of people and equipment at the surface mine. Result As a result of discovery efforts and investigation, …

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Do I Have a Case Due to My Spouse Being Electrocuted?

One of the saddest things we see as lawyers at Segal Law Firm occurs when a man or woman comes to us and tells us they’ve lost their spouse due to being electrocuted. Without question, our heart goes out to these victims. Electrocution Causes Electrical mishaps result in thousands of injuries and deaths each year in the United States.  Many of these injuries and deaths occur in the workplace.  At both work and home, some electrocutions involve negligence or actionable conduct such as unsafe working conditions, insufficient training, manufacturing or design defects in tools or appliances, shoddy workmanship by a repair person or failure to fix or repair a damaged power line.  The leading causes of electrocutions are contact with overhead power lines, wiring, transformers and other electrical parts.  Often, tools, appliances or light fixtures are involved as well. Electrocution Injuries Exposure to electricity can result in a wide array of injuries including internal and external burns, abnormal heart rhythm and kidney damage.  In some circumstances, electrocution can cause damage to the nerves and to the brain resulting in seizures, short-term memory loss and personality changes. Electricity provides us great comfort.  Life as we know it would cease to exist …

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The Segal Law Firm Represents Coal Miners and Their Families

Coal mining is a way of life in West Virginia. It is part of our rich heritage. At The Segal Law Firm, we honor our miners, their families and our mining communities. We all know that mining is hard and dangerous work. Coal miners know every shift the dangers that they face. Mining dangers are present whether working underground or in surface operations. Sadly, West Virginia typically leads the nation in mining injuries and deaths. These injuries and deaths occur despite the fact that federal and state legislation and regulation exists to help provide safe working conditions for our family and friends in the coal and mining industry. The rules must be followed by management. All too often, the safety rules are violated. Mine operators have a duty to see that safety standards are in place and well known. Operators are responsible for training miners on safety matters. Far too often, we learn of a red hat or apprentice miner who is a victim of serious injuries or who is killed. Our extensive experience in coal mining litigation informs us that there are generally several factors and rules violations that lead to injury and death. We have aggressively represented coal …

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“Watch Out” Is Not a Safety Plan in the Mines

When the lawyers at The Segal Law Firm begin investigating serious mining injuries or deaths, we often hear that the pre-shift safety meeting consists simply of being told things such as “watch out,” “be careful,” or “watch that loose top.” These words of caution are not safety plans or safety meetings such as one would expect to see with a mine operator striving to follow the safety rules and provide a safe mining environment. The lawyers at The Segal Law Firm represented the family of an experienced miner who was killed in a fatal rib fall incident. He left his wife, two sons and other family and friends to grieve a senseless death. The deceased miner was an experienced roofbolter. Adverse mining conditions were experienced by the continuous miner operator and helper to such an extent that they were instructed to reduce mining cut depth. They also started using the continuous miner to scrape at loose rib material. When the deceased went into that entry, he and another roofbolter were instructed to “watch that place.” Watching was not adequate. The roofbolters were just beginning to bolt a third row when a section of mine rib some almost 14 feet long …

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