When a vehicle operator is rear-ended by another vehicle and injury results to the innocent operator, a claim for damages against the tortfeasor will exist. West Virginia law follows the same principles of personal injury claims that are in place throughout the country. These principles are based on the law of negligence.
Wills, trusts, probate -- these terms can feel confusing and overwhelming to the average person. With so many misconceptions and half-truths regarding estate planning, it can be difficult to know where to begin. However, with the help of an experienced West Virginia attorney, a little planning now can go a long way toward benefiting loved ones after an individual dies.
When a patient signs a presurgery release of a doctor and promises not to sue, does that release prevent the patient from later bringing a lawsuit for medical negligence relating to the surgery? The answer in West Virginia is likely to follow general principles set forth in a decision from an appellate court in another state. That court held recently that the release was not effective to stop the patient's lawsuit for medical malpractice.
Not every claim for damages filed in a West Virginia court is always victorious. Some car accidents are speculative on the issue of liability but are filed due to extraordinarily high damages. That may be an underlying consideration behind a claim filed recently in Mercer County against a truck driver and the truck owner by a couple claiming personal injury damages.