Personal Injury Law Blog

West Virginia and Ohio Personal Injury Legal Topics by Jan Dils & Jim Leach

Study: Medical Error a Major Cause of Death

August 18th, 2014

When a doctor, nurse, or other medical professional makes an unacceptable mistake, it can cause serious harm to patients. Tragically, many patients suffer life-altering consequences or even succumb to their injuries. If your family is reeling from a loss caused by medical error, don’t suffer in silence: Our Parkersburg medical malpractice lawyers can support you during this difficult time.

According to a report by ProPublica, approximately 400,000 deaths each year are caused at least in part by preventable medical mistakes made in hospitals. Errors committed by a health care professional can take many forms, with common examples of medical negligence including:

  • Inaccurate or delayed diagnosis
  • Prescription medication errors
  • Wrong-site and other forms of botched surgery
  • Infections caused by unsanitary conditions
  • Anesthesia error

Proving substandard care caused a loved one’s death can be difficult. That’s why you need qualified, dedicated representation to handle legal matters while you and your family cope with the tragedy.

If you were hurt or a loved one was killed due to medical malpractice, your family might be entitled to compensation. Our Parkersburg attorneys will investigate your case and take appropriate action against all negligent providers, possibly including the hospital, clinic, or other facility where your family member was treated.

To begin building your medical malpractice case, please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today. We offer no-cost consultations to clients in Parkersburg and other communities throughout West Virginia.

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7 Tips to Avoid Auto Accidents as a Pedestrian

August 11th, 2014

A collision between two cars can result in extensive damage, so a crash involving a vehicle and a person is bound to be even more serious. August is Pedestrian Safety Month, and Morgantown auto accident attorneys Jan Dils and Jim Leach would like to take the opportunity to remind walkers ways they can stay safe on West Virginia streets throughout the year.

Pedestrian accidents often result in catastrophic injuries. Fortunately, there are steps you can take to reduce accident risk when you’re on foot:

  • Look both ways before crossing the street
  • Walk against traffic so you can see oncoming vehicles
  • Keep an eye out for posted signs so you know what to expect from traffic
  • Don’t let cell phones, MP3 players, and other gadgets distract you
  • If you’re out at night, wear light or brightly colored clothing to make yourself more visible
  • Avoid jaywalking – a driver should have a clearer view of the road in areas where pedestrians are expected to be
  • If you have children, teach them how to walk safely, too

Even if you have the right of way, not every driver is going to respect your safety. If you’re injured by a motorist, be sure to seek medical attention, file a police report, and contact experienced auto accident attorneys who can take action on your behalf against the careless driver.

Contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today to begin building your pedestrian accident case. We are pleased to offer free consultations at our office near Morgantown.

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Common Types of Motorcycle Defects

August 4th, 2014

Last month Harley-Davidson recalled more than 65,000 motorcycles. Though many bikers are injured due to collisions caused by a careless driver, defects can also result in severe harm. If you’ve been hurt in a motorcycle accident in or around Morgantown, our experienced attorneys can build a strong case on your behalf.

Only five crashes and two reports of minor injuries have emerged due to brake line problems in certain 2014 Harley-Davidson motorcycles affected by the recall. Unfortunately, many defective bikes and defective parts can hurt or even kill riders.

Serious injury often occurs in motorcycle accidents caused by defective parts and features such as:

  • Frame
  • Engine
  • Fuel tank
  • Brakes
  • Tires
  • Handlebars, particularly if they’re unbalanced and have a “wobbly” feeling

By design, motorcycles have fewer safety features than cars and other passenger vehicles. If your bike fails when you’re in motion, a helmet and heavy jacket can reduce your risk of major injuries, and taking the precaution could even save your life.

After receiving medical attention, our motorcycle accident attorneys can begin building a defective product case on your behalf. Depending on the nature of your claim, you might be able to win compensation from multiple parties involved in the design, manufacturing, and distribution of the faulty bike.

Contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today to begin building your case. Our lawyers offer dedicated motorcycle accident representation to clients in and around Morgantown.

Posted in Auto Accidents, Defective Products | Comments Off

Common Causes of Truck Accidents

July 28th, 2014

A fully loaded commercial truck can weigh as much as 80,000 pounds. With such a large vehicle moving at high speed, you would think the driver and trucking company would make safety a top priority. Unfortunately, profits are too often placed above safety, and thousands of victims needlessly suffer in injuries in truck accidents every year.

Collisions involving semi trucks are often more complicated than the average auto accident. This is because driver error isn’t always the primary cause of the accident – multiple parties, including the trucking company, could be at fault.

Some common causes of truck accidents include:

  • Fatigue
  • Inexperience or inadequate training
  • Reckless or distracted driving
  • Excessive speed
  • Improper maintenance or loading
  • Driving under the influence of drugs or alcohol
  • Failing to account for adverse weather conditions or poor roads

Trucking companies hire teams of lawyers to try placing all or some of the blame on the victim. That’s why it’s so important to work with an experienced truck accident attorney as soon as possible after your accident.

If a careless truck driver has caused you injury, please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today to schedule a free initial consultation. We proudly serve clients in Parkersburg and throughout West Virginia.

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How Is Spinal Cord Injury Diagnosed?

July 21st, 2014

A spinal cord injury is among the most potentially debilitating kinds of injuries that one can suffer. Depending on the severity and location of the injury, you may experience mild symptoms, or your entire life may change. Our Parkersburg injury lawyers have experience representing clients who have suffered damage to the spinal cord in a variety of circumstances.

A spinal cord injury can affect your sensory perception, your motor function, and your ability to take care of yourself. It’s a serious condition that should be treated immediately.

Some of the diagnostic tests that doctors use to diagnose trauma to the spinal cord include:

  • Sensory inspection: A doctor may test your responses to stimuli and examine your ability to move
  • X-rays: An X-ray can help diagnose fractures and other structural problems in the vertebrae
  • CT scans: Computerized tomography reveals much greater detail than an X-ray and provides cross sections of the bones and disks
  • MRI: Magnetic resonance imaging lets physicians look deeply inside your body to identify problems with the spinal cord itself

If you have any of the symptoms of a spinal cord injury, then it’s vital that you receive medical care straight away. Once you’ve received treatment, our Parkersburg injury lawyers can review your case for free and discuss the next steps in building your claim.

If you or a loved one suffered spinal cord injury in an accident, please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 to schedule your complimentary consultation. We represent clients throughout West Virginia.

Posted in Personal Injury, Spinal Cord Injury | Comments Off

West Virginia Wrongful Death Laws

July 14th, 2014

Legally, a wrongful death is a death that is caused by the negligence, carelessness, or misconduct of another person, corporation, or legal entity. Though this area of law can be complex, our West Virginia wrongful death attorneys have the experience and perseverance to pursue the maximum amount of compensation on behalf of grieving families.

In West Virginia, wrongful death claims must be initiated within two years of the victim’s death. Family members who might be entitled to compensation if the claim is successful include:

  • Parents
  • Siblings
  • Children
  • The deceased’s surviving spouse
  • Other financially dependent family members

The death of a loved one takes a heavy financial and emotional toll. To compensate surviving family members, the court might award damages to the plaintiffs such as:

  • Medical expenses incurred before death
  • Funeral expenses
  • Lost wages and benefits
  • Sorrow and loss of companionship

Because West Virginia courts use a comparative fault standard, the defendant may attempt to claim that you are at least partially at fault for your loved one’s death. If the court finds that you or your family shares any responsibility, any awards you earn would be decreased according to the “share” of blame. Our West Virginia attorneys will build a strong case to hold the party responsible for your loved one’s death accountable.

To begin building your wrongful death case, please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today for your no-cost consultation. Our attorneys serve grieving families throughout West Virginia.

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Dangers of Drowsy Driving

July 7th, 2014

A typical passenger vehicle weighs anywhere from 2,500 pounds to more than 5,000 pounds. When several tons of metal are moving at up to 80 miles per hour, it’s vital that the driver be alert and in control. But all too often, drivers fail to pull over when they’re tired, and the results can be disastrous. Our Morgantown auto accident attorneys fight for the rights of victims whose lives have been disrupted by careless drivers of any kind.

Though sleepy drivers behind the wheel of any type of vehicle put themselves and others at risk, semi truck operators might be the most dangerous of all. A recent New York Times story notes that the trucking industry has actively fought to repeal regulations that require truckers to sleep for a modest number of hours before getting behind the wheel.

This despite studies by the National Transportation Safety Board showing that 31 percent of trucking accidents were directly or indirectly caused by driver fatigue.

In June, comedian Tracy Morgan was severely injured in an auto accident involving a commercial rig that investigators believe was being operated by a driver who had been awake for more than 24 hours. This collision, which ended in injury to two other passengers and one death, is unfortunately just one high-profile example of the tragic toll drowsy driving can take.

A drowsy driver places everyone at risk. If you or someone you love was injured in an auto accident caused by recklessness, contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1 (877) 526-5461 today to schedule your no-cost consultation at our office near Morgantown.

Posted in Auto Accidents, Truck Accidents | Comments Off

When Do I Need an Injury Lawyer?

June 23rd, 2014

In the United States, anyone can bring a complaint before a court in an effort to win restitution. However, though you’re entitled to pursue a claim on your own, many people harmed by another’s recklessness can benefit from the counsel of an experienced Parkersburg injury lawyer.

Some clients are initially hesitant to consult an attorney out of fear that it could take a financial toll. At Jan Dils & Jim Leach, Attorneys at Law, an initial review of your case is available at no cost to you.

Along with a free consultation, our Parkersburg lawyers will work diligently to support your injury claim through each step of the process by:

  • Handling your case personally, listening to your needs, and responding quickly to your questions
  • Assessing how much your case might be worth
  • Ensuring that all court documents, insurance claims, and other paperwork is filed correctly
  • Systematically gathering crucial pieces of evidence
  • Interviewing witnesses who saw the incident that caused your injury
  • Representing your interests during negotiations with insurance companies
  • Fielding prospective settlement offers and acting in your best interest

West Virginia law requires that injury lawsuits be filed within no more than two years of when the trauma occurred or when the damage was discovered. Contacting a lawyer sooner than later often marks the difference between successfully recovering damages and having your case dismissed by the court.

To find out how our Parkersburg injury lawyers can help you, please contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1-877-526-5461 today to schedule your no-cost consultation.

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Common Causes of Traumatic Brain Injury

June 16th, 2014

Soccer fans the world over are excited about the start of the World Cup. However, soccer and other contact sports continue to be under scrutiny for the escalated risk of head trauma resulting in brain injury.

Whether it’s the serious concern about concussion and its subsequent effect on NFL players or the emerging research about the dangers of repeatedly “heading” a soccer ball, athletics has become a major arena for discussion of traumatic brain injury (TBI). However, sports aren’t the only cause of serious blows to the head. Other common causes include:

The Morgantown personal injury attorneys at the law firm of Jan Dils & Jim Leach have substantial experience helping victims of incidents like the above pursue compensation for their injuries. In addition to the lengthy, expensive initial recovery, TBI patients often endure major complications that make it difficult to perform or hold a job, communicate with others, or perform everyday tasks.

If you suffered brain injury or other trauma due to the negligence of someone else, you and your family don’t have to face the hardships posed by an accident alone. Contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1-877-526-5461 today to schedule a no-cost review of your personal injury case. Our attorneys welcome clients from in and around Morgantown, West Virginia.

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‘SNL’ Alum Tracy Morgan Critical After Truck Accident

June 9th, 2014

According to CNN, Tracy Morgan sustained serious injuries Saturday in a crash involving the former “Saturday Night Live” player’s limo van and a semi truck. Another comedian riding in the van was killed in the collision. If you were injured in an accident involving an 18-wheeler, our Morgantown truck accident attorneys can build a strong case on your family’s behalf.

Unlike collisions between passenger vehicles, in many cases multiple parties could be held responsible for the victims’ injuries in a truck accident. Potentially liable parties can include the truck driver, his/her employer, and the manufacturer of the vehicle and/or its components.

Depending on the circumstances of the accident, our Morgantown attorneys can pursue a claim against these parties on your behalf. We can’t guarantee the outcome of any case, but truck accident victims are often entitled to damages for:

  • Medical costs
  • Anticipated expenses for future treatment, including rehabilitation and at-home care
  • Forfeited income, including expected lost wages
  • Emotional distress

The huge size and weight of tractor trailers often means truck accidents can end in catastrophic injuries and even the death of one or more of the victims. If a family member died in a collision with a semi, our lawyers can pursue compensation for end of life care, funeral bills, loss of companionship, and other damages on your family’s behalf in a wrongful death action.

Truck accidents can take a physical, emotional, and financial toll on victims and their families. Don’t delay seeking compensation if you were injured or a loved one was killed in a wreck: Contact Jan Dils & Jim Leach, Attorneys at Law, PLLC, or call 1-877-526-5461 today to schedule a no-cost consultation with our Morgantown attorneys.

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Your understanding of the information on this web page about personal injury law does not constitute a formal legal relationship with the personal injury lawyers at Jan Dils & Jim Leach Attorneys at Law, PLLC. Please do not assume this content to be formal legal advise. If you would like to know if you have a valid personal injury claim, please contact a West Virginia personal injury lawyer today for a complimentary consultation. Serving the Charleston, Huntington, Morgantown, Parkersburg, and Wheeling, West Virginia and Athens and Belpre, Ohio.

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