Most medical malpractice cases in West Virginia and elsewhere are won or lost on the issue of whether the defendant was negligent in treating the patient. This means that the defendant is accused of performing at a substandard level of care recognized for health care providers in the same specialty and under the same or similar circumstances. To win the medical malpractice case at trial or with a settlement prior to trial, the plaintiff must also show that he or she was injured directly and proximately by the negligence of the defendant.
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.
According to the U.S. Occupational Safety and Health Administration’s website, the requirement of employers to report work accidents has produced much safer workplaces, reducing the daily average of on-the-job fatalities from 38 to 12. Yet as a personal injury law firm that focuses on plaintiffs’ litigation, we know that prospective improvements will not provide immediate answers to injured workers or their surviving family members.
In West Virginia and all other jurisdictions, the system of collecting monetary damages from a vehicular accident is based on whether someone else was negligent in causing the claimant's injury or death. If someone's negligence was a substantial factor in causing the victim's injuries or death, a claim for personal injury or wrongful death damages will likely exist. Sometimes, there can be more than one person who is negligent in causing damages, and in that event, the tortfeasors will each be responsible for compensating the victim.
As spring draws closer and more people spend time outdoors, most people don't think about the danger of traffic when deciding to take an afternoon or evening walk. Even on nice days when you skip the car ride in favor of walking to complete a quick errand, car crashes remain a real risk.
Premises liability cases are a significant source of injury claims in West Virginia and other states. The liability of an owner of real property to one who is injured on the property is generally based on negligence principles. However, to obtain a personal injury recovery in such a claim, the injured person must show that the owner knew or reasonably should have known of the dangerous condition that caused the injury.
When a West Virginia city provides a bicycle and running path for its residents, it has a duty to keep it safe for users. That is the legal argument raised in a lawsuit brought by a bicyclist for personal injury damages allegedly caused by the city of Marietta's negligence. The suit claims that city workers ran an inflated water hose over the path without marking the spot or directing users away from the potential danger.
The loss of fertility due to a hysterectomy has been devastating to a 24-year-old West Virginia woman—more so because it may have been entirely unnecessary. As a result, the young woman will never have another child and is suffering the effects of the hormone changes brought on by early menopause. Even her marriage has been negatively affected.
A number of nursing homes across the country are voicing frustration with the Centers for Medicare and Medicaid Services (CMS). The federal agency recently enacted a mandate that prohibits nursing homes from receiving federal funding if admittance of residents requires an arbitration agreement.