Articles by Scott Segal

Who Can Call The Segal Law Firm About a Mesothelioma Case?

Mesothelioma is a very debilitating disease and the person suffering might not always be able to call an attorney himself or herself. I answer questions about mesothelioma for people who have all different types of relation to victims of mesothelioma. I’ve talked to wives, husbands, children and even close friends. It really doesn’t matter as long as the information gets back to the person suffering from mesothelioma.   Now ultimately, the person with the mesothelioma or the person who’s the head of the estate are the only ones that can actually hire a law firm and bring a case. But anyone can give me a call and ask me about my experience with mesothelioma cases. I’m happy to answer those questions for family members and friends so that they can get that information to the victim of mesothelioma.   Many times a victim of mesothelioma has just undergone a lung biopsy. They’re in the hospital and the family gets this horrific diagnosis. The husband or father is lying there under sedation, very weak and sick, and is unable to call me himself. I have to be willing to meet with the wives and the widows and the children, because they’re […]

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How Do You File a Mesothelioma Case in West Virginia?

Mesothelioma is a horrific disease that is caused almost exclusively in North America by exposure to asbestos. If you or a family member has been diagnosed with this disease, you’ll want to talk with a law firm, like us here at The Segal Law Firm, who has experience trying these cases and getting them through the legal system efficiently and effectively.   Confirm the Diagnosis and Figuring Out Exposure The step we take at The Segal Law Firm is to confirm the diagnosis of mesothelioma through a pathology report. After the surgeon has taken a piece of your lung, they send it to be looked at under a microscope and we’ll get a copy of that report. We’ll also get a copy of your work history.   Using those two tools, we will conduct an interview and talk to you about how, where and when you were exposed. What industrial facilities did you work in? What products did you work around? Asbestos doesn’t respect job titles; it’ll attack any lungs that happen to be in the area.   The Rocket Docket After we’re clear on your exposure, it’s time to get your case in motion. In West Virginia, we have

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What Kind of Lawyer Do I Need for My Mesothelioma Case?

The kind of experience a lawyer has, both in and out of the courtroom, is critical in mesothelioma cases. Your lawyer needs to understand the medicine and the history of the disease and have the experience to prove that knowledge to a judge and jury.   Does he or she know the medical history of mesothelioma? In North America, mesothelioma is almost exclusively causes by exposure to asbestos. But how did the exposure occur? How long had the companies using asbestos known of the dangers? In fact, many of the companies that used asbestos as a part of their products and processes knew for decades how dangerous asbestos was. Your attorney has to know that historical medicine so that they can prove that your mesothelioma is due to your exposure to asbestos.   It’s also important than your attorney be familiar with the modern day medicine associated with mesothelioma. You can’t taste it or smell it. The part of the asbestos that will hurt you is invisible to the human eye. It’s a very aerodynamic fiber. Your attorney has got to know the history of how the workers and their families were exposed to asbestos, sometimes thirty or forty years

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Toxic Chemical Cases

In the area of toxic chemical cases you really need to be able to identify whether or not the injured person is suffering from a signature disease as a result of a toxin or if they have a more general condition. How would someone go about figuring that out? Experience. Experience is going to be critical in understanding what the signature diseases are for a specific toxin and knowing how to proceed once it’s known. What do I mean by signature disease? Well, for instance, there’s a well known toxin called asbestos. And one of the signature diseases for asbestos is mesothelioma. When you tell a lawyer that you have mesothelioma, it’s important that they first think of a possible exposure to asbestos. Was it at work? Was it on your Daddy’s clothes when you were a little child? Was it environmental? They have to know that mesothelioma is a signature disease of exposure to asbestos. Other signature diseases occur from exposure to Benzene and solvents. Certain types of leukemia are specific to exposure to Benzene. You need someone with the experience to figure out what it is that caused the condition with which you have been diagnosed. But sometimes

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What Makes a Railroad Case Complex?

Railroad cases are handled and litigated in the court system under an entirely different set of laws than the normal laws of liability and injury. The Railroad Worker’s Act is a very specific set of federal rules and regulations that guide how a lawsuit is brought. But that doesn’t mean it’s always clear and simple. You need a lawyer that understands the complexities of the law and can tell you how and where to proceed in a court of law.   Where should I bring my case? Interestingly, although it is a federal set of rules and regulations that protects the railroad worker, the law suit can be brought in either state or federal court. If the railroad has railroad tracks within the home county of the person who comes to The Segal Law Firm, we can actually file the lawsuit right in his or her backyard. You can also file in federal court or state courts and that’s part of the experience that’s going to be important to you when you talk to us here at The Segal Law Firm.   What is the cause? It’s important that you have a lawyer who understands that it’s a completely different

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Investigating Aviation Cases- Experience Counts

Experience is very important in any aviation case, whether it’s a helicopter, private airplane, private jet, or a commercial airliner, because the investigation is going to be handled by the NTSB, The National Transportation Safety Board. An experienced lawyer knows what their responsibilities are to the family of a victim of a helicopter crash or airplane crash and will understand how the investigation is conducted and what experts to use to prove a case. An investigation may determine that it was the machine that failed; the helicopter that had a part that broke or commercial jet had an engine that failed. It could be as simple as someone loaded the wrong gasoline on the plane or the helicopter. Believe or not, that still happens. It could be pilot error; the pilot failed to do something the law would expect them to do. The tricky part is that all of the different in people in the investigation are going to have a different view of the situation.   You need an experienced lawyer who can look at the investigation and the results of the investigation, and figure out who to sue. Do you sue the manufacturer of the airplane? Do you

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Catastrophic Injury Cases: Predicting Your Future

In a catastrophic injury case your lawyer must have the experience and the experts to prove what the rest of your life is going to look like.   What do I mean by that? Well, part of our job in preparing a catastrophic injury case here at The Segal Law Firm is to determine what your needs are going to be over the course of your entire life. If you’ve been paralyzed, we’re going to need a doctor who understands paralysis. How often are you going to have to see specialty doctors because of your risk for blood clots, urinary tract infections, or bed sores?   What kind of care are you going to need? You’re definitely not going to use one wheelchair for the rest of your life. You’re going to need several different types wheelchairs; one for around the house, another for going out to eat and maybe another for getting outdoors to hunt or fish. What type of equipment are you going to need for the rest of your life? Will you need a van with two air conditioners and adapted driving devices? Maybe you’ll need a home that has an exit ramp so you can easily get

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Oil and Gas Rig Accidents- You Need an Experienced Lawyer

The experience of the attorney handling an oil or gas rig case is going to be critical to the injured person and their family because of different state and federal regulations that come into play. Right now, here at The Segal Law Firm, we’re actually doing all kinds of different cases because of the tractor trailers and suppliers that are rushing to get to the Marcellus Shale.   We’re seeing a lot of accidents that are due to fatigue and exhaustion. You’ve got the people operating the equipment at the site that are being overworked. You have safety rules being bent or completely ignored on the rigs in regards to how to safely keep noxious gases and explosive materials from igniting and leaking out. Because of the rush to the Marcellus Shale, we’re seeing a number or people getting hurt and it usually stems from the companies putting profits ahead of safety. They’re rushing to get the gas and they’re not being careful or protecting the safety of their workers.   We just had a case at The Segal Law Firm not long ago where we got into it very early and found out that the injury hadn’t even been reported to the authorities.

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Your Coal Mining Case Needs an Experienced Attorney

Experience is extremely important in a coal mining accident case, whether it’s a deep mine case or a surface mine case, because the job of coal miner is extremely dangerous. And, unfortunately, many operators often put profit ahead of safety. There are very specific state and federal laws and regulations that are in place to protect coal miners and your attorney must not only understand those laws, but be able to use them to prove how and why you were hurt.   You would be shocked to see how many coal miners are required to do job that they have never been properly trained to do. The paperwork doesn’t exist in their personnel file that says they can legally do the job, but because the employer is rushing to get their profits, they make them do it. You lawyer has to know how to dig to find that information.   The regulations also speak to the maintenance and safety of the mine in general. Did the miner get hurt in a crush because the roof wasn’t being maintained pursuant to federal requirements? Was the mine properly rock dusted and ventilated? All of those things are regulated by the federal and

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Going Up Against a Tractor Trailer

If you take a two thousand pound vehicle and put it up against an eighty thousand pound tractor trailer, which one do you think is going to end up losing that fight? The tractor trailer is going to crush your car like a sand pebble. You want to have someone on your side that understands the federal regulations that relate to these tractor trailers, and knows how to investigate and prove your case.   Experience is important in these cases from the very start of the investigation. You have to know about modern trucks and what they are capable of these days. Many of them have black boxes and GPS systems that can tell us a lot about what happened in the wreck. Many trucking companies can track their drivers in real time and tell us how fast the truck was going or when the driver last took a federally required break. Was the accident due to fatigue? Was it due to alcohol or drugs? Did load shift because it wasn’t loaded properly or was the tractor trailer poorly maintained? From the get-go, we have to be asking these questions. And if I don’t have the answer, I have to

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