West Virginia Courts and Laws

If you need an experienced lawyer to handle your case due to personal injury or a wrongful death, the process is very similar to seeking a qualified medical doctor for an injury.  All of the following should be closely checked out and verified as accurately as possible: What kinds of cases are they experienced in handling? How long has the lawyer been in practice? What kind of reputation do they have in your community or outside your community? Do they have a website?  If so, take a look at the types of cases they have handled.  Are they complex cases and how long did they continue before settlement or jury verdict was reached? Do they have experience handling cases like your case? When you have selected two or three lawyers who appear to be qualified to handle your case, call them and set up a meeting.  Explain the details of your case and don’t hesitate to ask them if they actually have experience with a case like yours.  If they have real experience, they should demonstrate their knowledge, ability and willingness to take the necessary action needed to get justice for you and your family. Remember – the best lawyer

Arbitration contracts are typically used between companies, corporations or insurance companies, although they do sometimes affect consumers.  They are mandatory contracts that take you out of the court system when you sign up for them.  Simply put, arbitration means you cannot file a lawsuit. You and your lawyer put together a list of people who can arbitrate your case; the opposing side also puts together a list, and both sides must agree on those arbitrators.  This list usually involves one to three people who are jointly selected by both sides. The next step involves a mini-trial where you can tell your side of the story to the arbitrator as well as offer your documents in support of your story.  The opposing side then tells their own side of the story at which time the arbitrator must decide which story everyone will be bound by. We at the Segal Law firm have found cases where people were unfortunately tricked into arbitration.  In these instances, we can often get you into court.  Arbitration is voluntary and must be an agreement that is knowingly made.  However, if you fully understand this process and agree to it, you will most likely be going in

Whenever an individual is considering hiring a lawyer/firm for their case, one of their first questions typically has to do with Contingency Fee amounts, as this is a number that does vary from law firm to law firm. The average contingency fee for West Virginia lawyers generally ranges between a 33 and 40 percent, depending on the complexity of the case.  Contingency, of course, means you don’t have to pay the lawyer unless the lawyer wins the case, either at a jury trial or through a settlement, depending upon what you as the client prefer. Some clients prefer settlements; other clients prefer to go to trial, which is something we at the Segal Law Firm always discuss with our clients so they make the best decision. The contingency is a percentage and at our firm, in some very simple cases where the case resolves actually before a lawsuit has to be filed, we will even sometimes reduce the contingency fee to as little as 25 percent, but as a general rule of thumb, most lawyers in our state charge between 33 and 40 percent as their contingent fee, and usually costs are in addition to that—costs being things like court

West Virginia courts, what we call “state courts,” are not all that different than federal courts.  There are a few characteristics that are pretty different. First, the state courts (West Virginia courts) are in your home county’s seat.  In other words, the local courthouse, if you were hurt in your own county, is where your case would be tried. State Courts The state courts are throughout our state in each of the county seats and there is one or more judges who have been elected by the people in that county.  Some judges actually represent multiple counties, but they’re still elected by the citizens of those counties.  The jurors are all from that county where the courthouse sits, to try your case.  They come in, they receive an official document, but they will be from your home county. Federal Courts With regards to federal courts, federal court judges are appointed for life and they only sit in a few places in West Virginia.  We have the northern district Federal courts and the southern district Federal courts, so in the northern district, you could be in Elkins, you could be in Clarksburg or you could be over in Martinsburg or Wheeling,

If you live in the state of West Virginia and are considering legal action, there is a good chance you’re concerned about the potential costs of a lawsuit. After having dealt with hundreds and hundreds of clients over the years here at Segal Law Firm, we can appreciate the question, and although the answer is “it depends,” here are a few things to consider: Lawsuits in West Virginia are handled in two ways: The fee is billed by the hour or most commonly, the quarter hour, for the actual time spent on your case. The fee is billed on a contingency basis. When people are injured and unable to work, medical bills can add up quickly as a result of financial straits.  Depending on the complexity of your case, Segal Law firm uses a Contingency Fee Contract which means you are charged a percentage of what we win in your case.  This fee is typically 30 to 40% and occasionally it might be a little as 25% if a case is settled quickly and easily. When your case is concluded, dependent upon whether it is a settled by jury trial or settlement, you will also be responsible for court costs.