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West Virginia Legal Issues Blog

Product liability: Takata airbag causes death in West Virginia

Most people hope that the products they use will not pose them any kind of unnecessary threat. Unfortunately, some products can put users at considerable risk of injury or even death. Though recalls may be put in place once these risks are identified, those notices may come too late. As a result, individuals or families may have reason to take legal action in the form of a product liability claim.

Recent recalls regarding Takata airbags have been circulating, but unfortunately, these airbags have caused a number of deaths over the years, including in West Virginia. In fact, 19 car and truck manufacturers have participated in recalls due to the airbags. Apparently, if the airbag deploys, it can do so with excessive force and cause shrapnel to fly through the air. As a result, drivers and passengers could suffer serious injuries.

2017 saw rise in deaths relating to coal mining accidents

The coal mining industry employs numerous individuals around the country. Unfortunately, this occupation presents many dangers, and workers are often at risk of suffering serious or fatal injuries in coal mining accidents. Though it is always hoped that workers make it home safely after a long workday, that is regrettably not always the case.

It was recently reported that 2017 saw an increase in mining-related deaths after a record-low number in 2016. West Virginia saw the most deaths with eight fatalities occurring in the state. Five other states saw one death each, and two fatalities occurred in another state. The total number of mining-related deaths in 2017 reached 15, which increased from the nine deaths that took place in 2016.

Medical malpractice claims may stem from objects left behind

A surgical mistake can have serious impacts. Often, in order to correct the error, additional surgeries are needed. As a result, a West Virginia patient may end up having to recover from multiple procedures in addition to the original operation. Such complications can result in lost time, financial challenges and other issues. These outcomes may give reason for individuals to pursue compensation through medical malpractice claims. 

One woman in another state filed such a claim after a foreign object was left in her abdomen after surgery. The initial surgery she underwent was an exploratory procedure related to removing a benign tumor. Nearly two weeks after being discharged from the hospital, she went to an emergency room due to experiencing severe pain. It was at this time that doctors found that forceps had been left in her body.

Reviewing estate planning options may help in West Virginia

When working on any type of plan, there are different elements that may need to be included. In order to determine which elements may best suit the needs of the situation, West Virginia residents could find themselves needing information on a variety of planning tools. This type of scenario is especially true when it comes to estate planning.

There are many documents that could go into an estate plan. A standard will may be the first tool that comes to mind, but other options such as trusts and health care directives could also prove useful. Depending on the specific desires and needs of the individual, only some options may prove useful, which is why it is important to understand what each tool could do.

Who is responsible for your slip-and-fall accident?

If you suffered an injury in a slip-and-fall accident in West Virginia, you may feel embarrassed by what happened and confused about what you should do next. It may be possible that conditions beyond your control could be to blame for what happened to you. Another party may be liable for your pain and suffering, and you could have grounds to move forward with a premises liability claim.

Injury victims have the right to pursue compensation if they suffer due to the negligent or reckless actions of another person, whether that is because of a car accident or other incident, such as a slip and fall. If you believe that you have grounds to move forward with a civil claim, you would be wise to take quick action to protect your interests.

Crash may lead to personal injury claims in West Virginia

Traveling on the roadways presents many risks that most people are willing to take or may not even think about. Many individuals may go years without suffering any ill effects from hazards on the road, but serious accidents take place every day that can leave travelers with severe or fatal injuries. When such an incident occurs, some parties may have cause to file personal injury claims. In the case of fatalities, surviving family members may be entitled to pursue wrongful death claims.

It was recently reported that a crash between two vehicles took place in West Virginia. According to reports, emergency services were alerted to a reckless driver who had pulled onto the road and almost hit multiple vehicles. The car was heading west, and minutes after the initial call to report the driver, authorities received notice of a crash between the car and a pickup truck due to the car swerving into the wrong lane.

Standard wills, living wills are important estate planning tools

When individuals start considering planning out their end-of-life wishes, they may not know exactly where to begin. This feeling is understandable as there are many estate planning options available, and knowing which tools could suit specific needs can be difficult. However, gaining information on these options is relatively easy, and professional assistance is available for implementing these tools.

Most West Virginia residents likely already know about wills. These documents detail who should receive which assets after a person's passing. The specific details of this document vary from person to person, and not all assets need to be included in the will. Additionally, this document could also name guardians for any minor children who may need care in the event of their parents' deaths.

West Virginia coal mining accidents can claim lives

Many individuals make their living by working in the coal mining industry. In certain areas, this industry can provide a considerable number of job opportunities. However, this type of occupation can also present serious hazards, and coal mining accidents have a tendency to result in serious or fatal injuries to workers. As a result, the workers themselves or surviving family members can face many difficulties.

It was recently reported that a mining-related accident took place in West Virginia. Exact details on how the accident occurred were unclear. However, reports stated that the worker was attempting to access a manhole when he apparently fell into a mining crack. The man was reportedly a mobile equipment operator with the mining company for which he worked.

Hit-and-run car accidents may warrant legal claims

Families who lose individuals in automobile crashes may feel a sense of disbelief soon after the incident. The situation may be even more difficult to process if the driver considered at fault for the incident did not remain on the scene. Hit-and-run car accidents are common events and can prove fatal. When this is the outcome, surviving family of the victim may wait anxiously for an arrest.

One family in West Virginia is likely in this predicament after the recent death of their loved one. Reports stated that a woman was struck by a vehicle, and the driver of the car involved did not remain on the scene. Additional information on the accident and how it occurred was not given in the report. 

Worried about wrong-way drivers? Here's what to do

You may already know that wrong-way drivers pose a serious hazard to individuals traveling on the roadways. You may have seen a wrong-way driver yourself and shuddered at the thought of the damage that individual could potentially cause to both people and property. On the other hand, you may have been more closely impacted by such an event after having had a loved one suffer serious or even fatal injuries as a result of a head-on crash.

Because this type of situation could affect anyone, you may wish to do your best to protect yourself while on the road. Though the following information and tips may not act as foolproof ways to avoid a wrong-way driver, they may help you get yourself to a safer location or at least notice a hazard more quickly.


Beckley Office
201 N. Kanawha St.
Beckley, WV 25801

Phone: 304-250-9532
Fax: 304-255-2189
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Charleston Office
300 Summers Street
Suite 1230
Charleston, WV 25301

Phone: 304-345-4611
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Lewisburg Office
106 N. Jefferson St.
Lewisburg, WV 24901

Phone: 304-992-9711
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