West Virginia and Ohio Personal Injury Legal Topics by Jan Dils & Jim Leach
March 25th, 2015
National Work Zone Awareness Week kicked off in Virginia on Monday. The start of spring effectively marks the beginning of outdoor construction season, which is why government agencies draw attention to the need for both workers and drivers to be careful at these sites in order to avoid construction accidents.
“Expect the Unexpected” is the theme of this year’s National Work Zone Awareness Week. Construction workers know that any job site can be hazardous. However, road crews must also deal with the added danger of traffic moving through the zone.
Some of the biggest dangers for highway workers stem from the following careless behaviors drivers engage in when passing through a work zone:
- Not paying attention to workers or equipment in the road
- Failure to follow posted signs and signals
- Exceeding the modified speed limit
- Inappropriate lane changes
- Distracted driving
- Tailgating other vehicles
For road workers, being struck by a vehicle is a tragic occupational hazard. It can not only result in serious injury but also rob victims of their ability to earn wages to support their families.
Our Morgantown attorneys have extensive experience representing the victims of construction accidents, including those occurring in highway work zones. Please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, at 1 (304) 865-8530 for a no-cost consultation.
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March 16th, 2015
Communities across the country take St. Patrick’s Day as an opportunity to celebrate Irish heritage in America. Unfortunately, some revelers mistake the holiday as an opportunity to drink to excess. If you were hurt by a drunk driver on St. Patrick’s Day, our Morgantown car accident lawyers can pursue maximum damages for your injuries.
Alcohol is a constant of St. Patrick’s Day celebrations. Beer, whiskey, and other beverages cloud judgment and contribute heavily to poor decision-making. A driver who drinks too much takes an unacceptable risk by getting behind the wheel.
Common venues for over-consumption on St. Patrick’s Day include:
- Bars and restaurants
- House parties
Under West Virginia law, vendors that serve alcohol to a noticeably intoxicated person can be held liable for injuries caused by the drunk individual in an incident such as a car accident. State law does not apply this same provision to social events hosted by a private individual, though.
According to the National Highway Traffic Safety Administration, approximately 275 drunk driving deaths occurred on St. Patrick’s Day from 2009 to 2013. If you suffered serious harm or someone you care about was killed in a car accident in which alcohol was involved, you might be entitled to considerable compensation.
Please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, at (304) 865-8530 today for a no-cost consultation with one of our experienced Morgantown lawyers.
Posted in Car Accident | Comments Off
March 9th, 2015
A lawmaker in neighboring Pennsylvania is pushing for legislation that would require drivers of tractor-trailers to remove snow and ice from the tops of their rigs. Frozen debris can fall off of a semi onto nearby vehicles, resulting in truck accidents that could end in serious injury or even death.
According to National Public Radio, the trucking industry says laws requiring drivers to clear the tops of their rigs could be expensive and put operators at risk. Unfortunately, a truck driver’s failure to take other safety precautions during winter can also lead to accidents.
Other possible causes of truck accidents on cold weather roads include:
- Failure to put chains on tires
- Excess speed on slick or snowy roads
- Not allowing extra room to come to a complete stop
- Improper loading, which increases the risk of jackknifing or making the rig tip over in strong winds
Even in bad weather, truck drivers are expected to make tight deadlines. The need to be on time can cause some drivers to take risks that put themselves and others on the road in jeopardy. Reckless actions behind the wheel can become even more dangerous when ice, snow, and other hazards make driving conditions less than ideal.
If you or a loved one was seriously hurt because of the carelessness of someone in an 18-wheeler, our Parkersburg truck accident attorneys can build a strong claim on your behalf. Please call (304) 865-8530 today for a no-cost evaluation of your case.
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March 4th, 2015
Starting this month, the Brain Injury Association of America is starting a three-year campaign with a moving message. March is Brain Injury Awareness Month, and the theme for 2015 to 2017 is Not Alone.
Millions of Americans suffer brain injury each year from many different types of trauma. As they recover, victims often face physical, mental, and emotional obstacles. Families, caregivers, and members of the community share this difficult journey with brain injury victims.
Emergency medical care is always necessary when serious head injury occurs. Once the patient is stable, treatment will focus on restoring function and preventing the onset of secondary conditions. Treatment options might include:
- Drug therapy to combat seizures, reduce fluid buildup, manage pain, and regulate mood
- Physical rehabilitation
- Speech therapy
- Mental health counseling
- Developing coping strategies for cognitive disabilities
Treatment for brain injury is a long-term process. The aftermath of the trauma often compromises an individual’s ability to work, perform daily tasks, and enjoy life with friends and family. If someone you care about suffered brain injury due to the negligence or misconduct of another person, you and your loved ones are not alone.
At Jan Dils & Jim Leach, Attorneys at Law, PLLC, we have substantial experience helping victims of brain injury pursue the compensation they deserve. For a no-cost consultation, please call (304) 865-8530 to speak with one of our dedicated Morgantown lawyers today.
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February 23rd, 2015
Though fiery pictures of the derailment of a train transporting crude oil in Fayette County made national headlines this week, incredibly just one instance of minor injury was reported in the wake of the explosion. Many railroad accidents come to much worse ends with a significant number of serious injuries and even deaths.
According to the Charleston Daily Mail, two towns were evacuated after more than half of the nearly 30 derailed tanker cars caught fire, sending columns of flame and black smoke into the air. Concerns were also raised about oil spilling into a river near the accident site.
Train accidents often have a major impact on the communities that share space with a railroad. Passengers and other bystanders who suffer severe injuries in these catastrophic incidents might be eligible to recover compensation for:
- Medical bills
- Long-term care costs
- Forfeited wages and lost earning ability
- Destroyed property
- Pain and suffering
- Emotional anguish
Some victims who suffer serious railroad injury tragically don’t survive. If a family member perished in a train accident, our attorneys can build a wrongful death case on your behalf to against the rail company and other negligent parties.
Cases involving trains can be complex, which is why it’s important to find experienced legal counsel capable of handling your claim. Please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, today at (304) 865-8530 for a no-cost review of your railroad injury case. Serving Charleston and the surrounding communities.
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February 16th, 2015
Any type of serious injury is cause for concern. However, due to the sensitivity of the affected area and the many effects trauma can cause, brain injuries often take the harshest toll on accident victims and their families.
A traumatic brain injury, or TBI, is far more than just a simple bump on the head. Damage to the brain can seriously affect not just physical and mental function but fundamentally change aspects of the victim’s personality. Coma, intracranial bleeding, and other complications can arise without timely treatment.
When a patient presents with a suspected TBI, doctors will evaluate the site of the injury and gather as much information as possible on what caused it. Traumatic brain injuries are divided into three categories based on severity:
- Mild: Often referred to as a concussion, symptoms are usually temporary and heal with time, though monitoring is necessary
- Moderate: Loss of consciousness and physical and cognitive impairments more pronounced; rehabilitation likely required
- Severe: Prolonged loss of consciousness and significant impairment
Regardless of the severity of a TBI, any injury to the head should be taken seriously. Patients who suffer a light concussion might not even be aware they’re hurt, but the impact of even a minor brain injury can be significant without diagnosis and proper care.
If you or a loved one sustained a brain injury due to another party’s negligence, please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, today at 1 (877) 526-5461 (1-877-JANJIM1) for a no-cost consultation with our Morgantown attorneys.
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February 9th, 2015
Researchers at the Insurance Institute for Highway Safety (IIHS) recently arrived at a first: They identified not one but nine different car models with no driver deaths stemming from car accidents.
All of these zero-fatality vehicles were 2011 models. Six of the nine cars were sport utility vehicles. Toyota manufactured two of the models, the Sequoia 4WD and Highlander hybrid 4WD, while the other cars were made by Volvo, Subaru, Mercedes-Benz, Lexus, Kia, Honda, and Audi.
The IIHS study estimates that stability control features, automatic brake sensors, and other technological innovations have saved nearly 8,000 people from perishing in car accidents within the last 30 years. This is a substantial decrease, but it’s only a fraction of the lives that are still lost each year in collisions.
More than 30,000 people are killed in car accidents every year. Though road features, vehicle defects, and other factors account for some of these deaths, many are the result of driver error.
Speeding, distracted driving, and alcohol use are just a few of the factors that can make drivers behave carelessly behind the wheel. Inattentive behavior not only puts the lives of drivers and their passengers in danger, but also makes the occupants of other cars more likely to be hurt or killed, too.
If you lost a loved one to a negligent driver, our Morgantown car accident lawyers can provide aggressive representation and compassionate support through each step of your claim. Please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, at 1 (877) 526-5461 (1-877-JANJIM1) today for your non-cost consultation.
Posted in Car Accident | Comments Off
February 2nd, 2015
Any type of surgery requires a high level of care to be completed successfully. If you suspect your loved one suffered severe injury or tragically passed away due to malpractice, our Morgantown attorneys can build a strong case on your family’s behalf.
One high-profile example of surgery gone wrong that has made headlines since last year is the passing of comedienne Joan Rivers after complications occurred during an endoscopy. Melissa Rivers, Joan’s daughter, recently filed a malpractice lawsuit against the clinic and the medical personnel who performed the procedure.
Negligence in a medical malpractice case involving surgical errors can take many different forms before, during, and after the procedure, including:
- Preoperative: Inadequate patient screening, failure to assess medical history, not obtaining informed consent, etc.
- During surgery: Poor communication among members of the surgical team, wrong-site surgery, anesthesia error, misuse of instruments and equipment, etc.
- Postoperative: Infection, failure to monitor the patient or perform followup care, internal bleeding or blood clots, premature discharge, etc.
Hospitals and clinics are often represented by large legal teams and medical malpractice lawsuits are governed by complicated laws. If your family is reeling from the injury or loss of a loved one and you suspect negligence in the operating room, our experienced lawyers can take action on your behalf so you can focus on healing alongside those most important to you.
Please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, online or call 1 (877) 526-5461 (1-877-JANJIM1) today for a no-cost review of your malpractice claim by our committed Morgantown attorneys.
Posted in Medical Malpractice | Comments Off
January 29th, 2015
Super Bowl XLIX is this Sunday. Unfortunately, football’s biggest night is often disturbed by a sobering statistic: Nearly half of the car accident deaths that occur in this one-day period are due to drinking and driving.
Getting behind the wheel sober is the responsibility of each and every driver. Failure to do so can lead to catastrophic injuries and worse.
Each year, organizations like Mothers Against Drunk Driving release information on how fans can enjoy the game and keep each other safe. Here are five tips for a fun Super Bowl Sunday that reduces car accident risk:
- Appoint a designated driver
- Swap out alcoholic drinks with water and non-alcoholic beverages
- Eat before the party, and continue to snack if you have a drink
- Know your limits, and call a cab or take public transportation if you’ve had too much
- Intervene if a friend tries to drive drunk
If you’re hosting a Super Bowl party, you can enhance your guests’ safety with some smart planning. Make sure to stock up on food and non-alcoholic drinks, put beer and liquor away when halftime is over, and anticipate inebriated guests’ needs by setting up guest room accommodations or arranging transportation to get them home safely.
Parkersburg attorneys Jan Dils & Jim Leach hope everyone enjoys the big game this weekend. If you’ve been injured in a car accident caused by a drunk driver, please call 1 (877) 526-5461 (1-877-JANJIM1) today for a no-cost consultation.
Posted in Auto Accidents | Comments Off
January 21st, 2015
When you purchase a product, you buy it with the assumption that the new item will function safely when used for its intended purpose. Unfortunately, errors on a company’s behalf can cause serious injury to consumers. If you or a family member has been seriously injured by a defective item, our Parkersburg product liability attorneys can pursue compensation on your behalf.
Liability in defective product cases will depend on which party (or parties) is responsible for the product’s failure. Our lawyers will perform a complete investigation in an effort to identify where negligence occurred in the chain of distribution.
Potential defendants in a product liability claim might include:
- The manufacturer of the product
- The company that shipped the product
- Suppliers, distributors, and wholesalers
- Retail stores
Sometimes a product defect arises due to the contributions of a company other than the manufacturer. If a component part fails, for example, the company that manufactured that part could be liable as well as the manufacturer of the product you purchased.
Product liability laws are complex, and might involve interactions with one or more large corporations. Our attorneys have experiencing protecting consumers’ rights in these cases, and we are committed to pursuing the full compensation you deserve.
For a no-cost review of your case, please call Jan Dils & Jim Leach, Attorneys at Law, PLLC, at 1 (877) 526-5461 (1-877-JANJIM1) today. We are pleased to serve clients in Parkersburg and surrounding communities.
Posted in Defective Products | Comments Off
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