Articles - Law Firm Warner Law Offices, PLLC Attorneys Charleston, West Virginia

Articles

As Reported

If you were involved in an accident a police officer responded at the scene, there was likely an accident report written up. In some cases, the police report will point to the fact that a driver violated a specific section of the Vehicle Code and that the violation contributed to the accident. It may even make mention of the fact that the officer issued a citation. In other cases, the responding officer may briefly note that there was negligent driving. In any case, if there is a police report that mentions a Vehicle Code violation or other evidence of careless driving, it can provide you with a great deal of support showing that the other driver was at fault.

HINT: If somebody hits your vehicle from behind, it is virtually always his or her fault.

If you have been in an accident, you are required to file an accident report. It is always wise, however, to talk to your attorney before signing a report - even with your insurance company. What seemed like a minor fender bender, may produce injuries that only show up later, so one should never treat an accident lightly or rush to accept responsibility. For an appointment to consult about your accident, phone WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Comparatively Speaking

Even if an accident victim were careless and partly responsible for an accident, in most states, he or she can still receive some compensation from anyone else who was also careless and partly caused the accident. Since no one gets to choose the state in which an accident happens, it pays to be familiar with the rule of comparative negligence. The amount of the other person's liability for the accident is determined by comparing his or her carelessness with the other party's carelessness. The percentage of liability determines the percentage of the resulting damages that he or she must pay. The rule is applied in three slightly different ways, depending on the state where the accident occurred.

HINT: In most states, the rule of comparative negligence is applied such that you cannot recover anything if your own carelessness was 50% or more responsible for the accident.

Where there is doubt or dispute about who bears the burden of responsibility for an accident, you should speak to an attorney who handles accident and personal. Injury law. When there is a difference of opinion as to fault, your case may be only as strong as your attorney is persuasive. To speak to an attorney experienced in personal injury litigation, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Happen By Accident

Most accidents in which people are injured are more than a circumstantial confluence of events. Instead, they more likely result from the negligence or recklessness of one of the parties involved. When the person responsible fails to take full and immediate responsibility for his or her actions, it behooves the victim to turn to a lawyer to make sure that he or she recovers all the law allows. While this course of action may not be applicable in cases of minor injury, it is certainly so in cases where the victim suffers a real injury or major property damage, or incurs other meaningful expenses. A consultation with an attorney will reveal whether or not the victim has a case worth pursuing.

HINT: It often pays to speak with an attorney before agreeing to speak with the other party's insurance company.

Any time you have sustained an injury due to another's actions or failure to act appropriately, speak to your attorney promptly. Some injuries and/or damages are not evident right after the accident. Speaking to your attorney as soon as possible will make it easier to have all necessary information documented should it later proved necessary. For experienced legal counsel and representation phone WARNER LAW OFFICES, PLLC, conveniently located at 227 Capitol Street, Charleston, WV 25301. Phone (304) 881-0641 or (866) 617-0522 (Toll-Free).

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

In General Terms

While the special damages (for medical expenses and lost income) sought by plaintiffs in personal injury cases are relatively easy to calculate, general damages are more difficult to quantify. Because pain and suffering are intangible consequence of wrongdoing, it may seem difficult to measure them in terms of dollars. In such cases, plaintiffs should rely on their attorneys to provide insight into prevailing attitudes toward general damages in their area. There are also formulas that may be applied to the unique set of circumstances surrounding each case, which lawyers may use to arrive at a dollar amount that may suitably compensate victims for their suffering. These are but a few factors for which plaintiffs should rely on their attorneys for guidance.

HINT: The goal of awarding damages is to return tort victims to the state they enjoyed prior to the accident or wrongdoing.

When asking for general damages, your position is only as compelling as your attorney's argument. Most often, the defendant in a personal injury suit will be represented by an attorney from his or her insurance company, a personal injury specialist who defends against civil suits day after day. Having an experienced attorney at your side merely levels the playing field. To learn more about a potential personal injury case, phone WARNER LAW OFFICES, PLLC, conveniently located at 227 Capitol Street, Charleston, WV 25301. Phone ((304) 881-0641 or (866) 617-0522 (Toll-Free).

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Jury Selection

During jury selection, the process of "voir dire: consists of attorneys asking questions of potential jurors that help determine which of them will get to sit on the jury panel. For instance, potential jurors may simply be asked if they know the plaintiff, the defendant, or anything about the case. If so, they may have preconceived notions about the case, which excludes them from sitting on the jury. Each attorney in a one plaintiff/one defendant case is permitted during voir dire to dismiss a set number of potential jurors without stating a reason. These are called "peremptory challenges." Otherwise, jurors who appear to be prejudiced in some way may be removed "for cause."

HINT: The jury in personal injury cases consists of active and alternate members.

While each attorney will try to choose jurors likely to be sympathetic to his or her client, it isn't always safe to make assumptions based on obvious factors such as age, gender, or race. The majority of civil suits, however, including personal injury cases, are settled without going to trial. An experienced litigator has a decided edge in negotiating a fair settlement. If you have been injured and need representation, call us at (304) 881-0641 or (866) 617-0522 (Toll-Free). WARNER LAW OFFICES, PLLC is located at 227 Capitol Street, Charleston 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Recovering From An Injury

The longer it takes for an injured person to recover from an injury, the greater his or her pain suffering and consequential damages. With this in mind, those injured in accidents, for which liability may ultimately be found with the other party, should work closely with their doctors to report their progress (or lack thereof). Making regular visits to a physician, week's and months after an accident, provides a record that an injury required ongoing attention. Furthermore, visits to the doctor that involve reports of continuing pain, discomfort, and/or stiffness or immobility will be noted in medical records that can later be sent to the other party's insurance company as part of the injured party's claim.

HINT: If you can show that an injury sustained in an accident left a long-lasting or permanent effect ("residual injury"), the amount of your damages award could go up significantly.

Though you should not rush to settle a personal injury suit until the likely extent and duration of your injury is known, you should consult with your attorney promptly after the injury. He or she will then advise you how best to document the data you may need later as evidence. When you've been injured and require legal advice, phone us at (304) 881-0641 or (866) 617-0522 (Toll-Free). WARNER LAW OFFICES, PLLC is located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

On Your Property

Generally speaking, a property owner is responsible for any personal injury suffered by a person who enters his or her property. Traditionally, there was a distinction regarding the required duty of care based on whether the person was on the property as an invited guest (invitee), as a salesperson, (licensee), or as a trespasser. The distinction between duties owed to licensees and invitees has been abolished and replaced with the standard that land owners or possessors owe any non-trespassing entrant a duty of reasonable care under the circumstances; however, in regard to trespassers, the standard remains that the landowner or possessor must merely refrain from willful or wanton injury.

HINT: In some cases, property owners may be responsible for personal injuries suffered by trespassers.

If you have been injured as a result of a hazard, either obvious or unforeseen, on another party's residential or business property, speak to your attorney if you have questions about the owner's liability. Your lawyer will explain the degree of care owed to visitors, both announced and unannounced. To schedule an appointment to discuss your pressing legal matter, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

When Dogs Bite

In most instances, dog owners are liable for personal injury or property damage that their pets cause. Although the laws in many states related to dog owner liability are commonly known as "dog-bite statutes," most of these laws cover all kinds of do-inflicted injuries, not solely dog bites. As for the "one-bite rule," this misleadingly named rule makes an owner legally responsible for an injury caused by a dog if the owner knew the dog was likely to cause that type of injury. As for the victim, he or she must prove that the owner knew that the dog was dangerous. If the injury occurred because the owner was unreasonable careless (negligent) in controlling the dog, the owner is liable

Hint: The laws of nearly every state authorize anyone to take whatever action is necessary to stop a dog caught in the act of attacking a person.

In cases where fault may not be so clear cut - the dog's victim was trespassing or acting in a threatening manner, or if, by local ordinance, all pets must be on a leash - consult with your attorney for a determination about liability. When you need professional legal advice, phone WARNER LAW OFFICES, PLLC, conveniently located at 227 Capitol Street, Charleston. Phone (304) 881-0641 or (866) 617-0522 (Toll-Free).

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

When Injuries Occur On Your Property

If someone were to be injured on your property, your liability would hinge upon why that person was there. A non-trespassing entrant is owed a duty of reasonable care under the circumstances. The test is, would the ordinary man in the property owner's position, knowing what he knew or should have known, anticipate that harm of the general nature of that suffered was likely to result. However, if the person was a trespasser on your property without your permission, you need only refrain from willful or wanton injury.

HINT: A swimming pool presents special liability problems because it is a dangerous instrumentality or condition. Landowners must take reasonable steps to protect children who may, out of pleasure or curiosity, come in contact with dangerous conditions

Today, the computer has made it feasible for many people to operate businesses from their homes, if your home business attracts visitors, or if the use of the property changes from strictly residential, ask your attorney and insurance agent about protecting yourself against potential liability. When you require legal assistance, phone us at (304) 881-0641 or (866) 617-0522 (Toll-Free). WARNER LAW OFFICES, PLLC is located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Grounds for a Lawsuit

In the case of a slip-and-fall accident, there is no precise way to determine when someone else is legally responsible for a person slipping or tripping. Cases such as these are decided on the basis of whether the property owner acted with reasonable care under the circumstances. Among factors considered are: whether he knew or should have known of the dangerous condition; the foreseeability of injury; the severity of injury; the time, manner and circumstances upon which the injured party entered the premises; the normal or expected use of the premises; and the magnitude of the burden placed upon the defendant to guard against injury. It is upon the phrase "should have known" that many cases ultimately hinge.

HINT: In almost every slip-and-fall case, the plaintiff must decide whether his or her carelessness contributed to the accident.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Old Enough to Know Better

Because young children do not understand risks the way adults do, the same standards of care expected of adults cannot be applied to minors when assessing legal liability for the accidents they cause. There is a conclusive presumption that a child under the age of seven is incapable of negligence, and thus is generally not held liable for injuries they may have caused. Their parents or legal guardians, however, might be held liable for their negligence in failing to control the child. Once children are between the ages of seven and fourteen, they can be held liable for the intentional injuries they cause if the injured party proves the child had the capacity to be negligent. Children age fourteen or older, are generally held liable for negligent conduct unless the child can prove he lacked the capacity to be negligent.

HINT: Once children reach the age of fourteen, a child is presumed to possess sufficient mental capacity to comprehend and avoid danger.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Signs of Child Abuse

These are some common child abuse indicators. This is not an exhaustive or an exclusive list.

Physical Abuse Indicators: unexplained bruises, burns, skeletal injuries, head injuries, lacerations, or abrasions school absences may correlate with appearance of injury. The child may be easily frightened or fearful wary of physical contact, afraid to go home, or destructive to self and others.

Sexual Abuse Indicators: explicit or bizarre sexual knowledge, precocious sexually related speech or experimentation, loss of appetite, unexplained bruises/injuries in genital areas, anorexia or other stress related disorders, alcohol or drug abuse, frequent nightmares, unexplained gifts, extra money, or pornography in the child's possession. The child may be obsessed with masturbation, withdrawn from normal human contact, depressed and having suicidal thoughts, self-destructive, or excessively fearful of selected individuals or locations.

Emotional Abuse Indicators: physical problems exacerbated by emotional distress, regressive behavior, failure to thrive in infancy or early childhood, low self-esteem. The child may be overly passive or aggressive, experiencing developmental lags, or developing sleeping disorders.

Neglect Indicators: poor hygiene, lacks weather appropriate clothing, or unattended medical or dental needs. The child may be constantly fatigued, experiencing developmental lags, or begging or stealing food.

-- From the National Clearinghouse on Child Abuse and Neglect Information

If you have any questions about child abuse, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Cases Involving the DHHR

Case against DHHR resolved.

A settlement was reached with DHHR for $850,000 in a wrongful-death lawsuit filed by Warner Law Offices against the West Virginia Department of Health and Human Resources (DHHR). This was the first of two lawsuits Warner Law Offices has filed against the DHHR, which allege that the Department has failed to adequately protect children under its care. By law, the DHHR has a duty to provide early identification of the problems of children and their families, and to respond appropriately with measures and services to prevent abuse and neglect. If the Department finds that a child is living in an unsafe environment, it is supposed to remove the child from the situation. The two cases filed by Warner Law Offices allege that the DHHR failed in this duty, resulting in the death of one child and grievous harm to a second.

Second case against DHHR resolved.

In August of 2001, it was reported to West Virginia Department of Health and Human Resources that an eight-year-old child was being sexually abused in his own home. DHHR failed to timely investigate the complaint. After several days, DHHR finally interviewed the victim and his sister and confirmed the abuse; however, DHHR sent the victim home and took no action to even notify his parents of the abuse this child was suffering in their home. DHHR did not remove the child from the home for eight more weeks, thus continuing to expose the child to horrific sexual assault. Warner Law Offices sued the DHHR on the child's behalf, and in mid-December 2005, DHHR settled the case for $535,000. By law, DHHR has a duty to provide early identification of the problems of children and their families and to respond appropriately with measures and services to prevent abuse and neglect. If the Department finds that a child is living in an unsafe environment, it is supposed to remove the child from the situation. DHHR failed in its duty to this child, and grievous harm resulted. Warner Law Offices is pursing several similar cases on behalf of children against DHHR and expects to file two more lawsuits in the near future.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Whistleblowers

Whistleblowers, or persons who file lawsuits against their employers for fraudulent or wrongful activities, are granted protection by the United States government under the False Claims Act. Qui Tam is a provision of this act that allows a private citizen to file a lawsuit on behalf of the United States against companies that submit false claims to the federal government. At Warner Law Offices, PLLC, our attorneys represent these brave individuals who stand up to their employers in the name of what is right.

Some examples of whistleblower lawsuits include the following actions carried out by employers:

Failure to adhere to Equal Employment Opportunity Commission (EEOC)
Fraudulent accounting practices
Overtime violations
Tax Fraud
Terminations in violation of the Family and Medical Leave Act (FMLA)

The False Claims Act also protects qui tam whistleblowers from retaliation by their employers: whether through wrongful termination or any type of harassment. If an employer is found guilty of retaliation, the employee may be entitled to double back pay, and other monetary damages.

The lawyers at Warner Law Offices, PLLC respect and admire those who are willing to risk their jobs and reputations in order to ensure that their employers' are held accountable for their fraudulent or wrongful actions. We understand how difficult and stressful whistleblower cases are for our clients, and we will do all that we can to help.

If you have any questions about employment discrimination, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Social Security Disability

All too often, The Social Security Administration (SSA) wrongfully denies Social Security Disability Benefits to truly disabled claimants. Congress has defined "disabled" as:

"The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of no less than twelve months."

For a claimant to be determined "disabled" under disability he or she must have physical or mental impairments to the extent that the severity is to such a great degree that he or she is unable to return to their previous employer due to the fact that they can not perform their pre-injury work place tasks. Generally, the claimant must also have one of the listed Social Security physical or mental impairments.

The lawyers at Warner Law Offices, PLLC respect those who have been wrongfully denied social security disability benefits. Let one or our attorneys assist you in your case, if we are unable to take your case, feel assured that we will find the right representation for you.

If you have any questions about social security disability, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Adjust Your Thinking

If you are contacted by an insurance adjuster after you have notified responsible parties that you have been injured in an accident and intend to file a claim for compensation, be circumspect about any information that you offer. Give only your name, address and telephone number. Beyond those facts, provide no details of the accident and politely decline to discuss any but the most basic facts of the case (where, when, the type of accident, and the vehicles involved). Say that you will discuss the facts of the case and existence of any witnesses at the appropriate time, and that you will be making a written demand for compensation in which you will describe the accident in detail. When in doubt about the information you are obligated to reveal, refer the adjuster to your attorney.

HINT: Do not give an insurance adjuster a detailed accounting of your injuries. Your written demand for compensation will include a complete medical description of your injuries

If you have injuries for which you should be rightly compensated but haven't yet contacted an attorney, it would be advisable to do so promptly. It's best to document evidence while it is fresh in the minds of the accident's principles and potential witnesses. For legal advice on how to proceed after an accident, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Twisted Sense of Reality

"Tort" is derived from the Latin work "tortus," which means "twisted." In personal relationships, "twisted" refers to an action that deviates from a normally accepted pattern of behavior. A tort, then, is an act that one person, acting in an irresponsible manner, commits that causes injury to another person or damage to property. Because of the scope of tort law, it is unlikely that anyone will go through life without coming into direct contact with tort law at some point. That scope encompasses everything from falling on slippery surfaces to being involved in a fender-bender. Since anyone may be involved in a tortuous lawsuit, it is incumbent upon each of us to be aware of his or her rights.

HINT: Personal injury law is a significant part of our legal system because it protects our interests if another person harms us or damages our property.

If you have been seriously injured due to the negligence of another party, you may need to contact an attorney to learn about your rights. To speak to an experienced personal injury attorney, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail

More Than You Can Handle

While it may be possible for the average person to handle a simple personal injury claim on his or her own, there are some types of injuries and accidents that require the experience and skills of an attorney. There may be complex legal issues involved, or the severity of your injuries may potentially justify an unusually high amount of compensation. It also just may be that an insurance company refuses to settle your matter in good faith. In all such instances, it helps to have experienced legal representation on your side. Cases such as these are normally handled on a contingent fee basis, meaning that the client only pays the lawyer if he or she wins.

HINT: It requires the services of an experienced lawyer to figure the worth of an injury that significantly affects your physical capabilities or appearance for a long time, or permanently.

If you have been seriously injured due to the negligence of another party, you may be contacted by his or her insurance company with an offer of compensation. While a fast settlement may seem attractive, first speak to your attorney or one who handles personal injury litigation before you waive your right to fair compensation. When you need experienced counsel, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or 1-866-617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Getting Set To Settle

Most personal injury cases settle before they ever go to trial. It is still necessary, however, for a lawyer to fully prepare a case because doing so better ensures the likelihood of a settlement. Many courts schedule mandatory settlement conferences, during which the judge will attempt to point out the weaknesses of either side's case. If your lawyer is able to impress the opposing side's lawyer with his or her knowledge of the facts of the case and the completeness of his or her research, it may lead the other side to settle. Many cases are settled on the day they are scheduled to go to court by lawyers who do not believe they can win.

HINT: Settlements occur when the parties perceive that the cost to settle the case is less than the cost to continue the case.

Though it is always the client's decision to accept or refuse a settlement offer, an experienced attorney's advice on the matter is a good guide. In personal injury litigation, your attorney is probably your best judge of whether or not a settlement offer is likely the best you can do. To consult with an attorney with a proven track record in personal injury law, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Confronting Denial

There may be times when a plaintiff in a personal injury case is confronted with the insistence by the defendant's insurance company that the accident in question is not covered by their client's policy, although it does not dispute that its insured caused the accident. At this point, the plaintiff's attorney will want to conduct a careful reading of the insurance policy in question. Most insurance policy provisions can be interpreted in several different ways, and the courts usually interpreted them so that injured people are covered. If the defendant's insurance company continues to deny coverage, an experienced personal injury lawyer faces the task of compelling the insurance company to provide the coverage it has been paid to provide.

Hint: Most personal injury cases are conducted on a contingency fee arrangement in which the plaintiff pays is or her lawyer nothing in the event of losing the case.

If it is your insurance company that acts in "bad faith" (denies coverage for a loss for which you are responsible and for which you believe you were insured), you may need to hire an attorney to force your insurer to do the right thing. On the other hand, if you are the injured party, your personal injury attorney knows how to enforce compliance. To speak to an experienced personal injury attorney call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Filing A Report

If you are involved in an automobile accident, protect your legal rights by never admitting to wrongdoing or apologizing for your actions. Admission and apologies are unwise since you may be dazed and unable to assess the facts of the case. If you are able to do so, simply exchange driver's licenses, registrations, and insurance information with the other driver(s). In addition, ask the law enforcement officer on the scene if you can fill out a motor-vehicle accident report form. By having the facts of the accident on file, you document your version of events, as well as protect yourself if the event that a latent injury arises that you were not aware of at the time of the accident.

HINT: Understand your auto insurance coverage before you need it.

If you have been in an accident in which there was considerable property damage or personal injury, it is advisable for you to speak to an attorney before talking to an insurance agent - even your own - and/or filing an official accident report. If you have been in a serious accident, seek prompt legal advice to protect your rights. For a consultation, please phone us at: (304) 881-0641 or (866) 617-0522 (Toll-Free). WARNER LAW OFFICES, PLLC is located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

In Timely Fashion

Under the "strict liability" rules, a person who is injured by a defective or unexpectedly dangerous product can recover compensation from the manufacturer or seller of the product without showing that the manufacturer was actually negligent. The general test for establishing strict liability in tort is whether the product is defective in that it is not reasonably safe for its intended use. The standard of reasonable safeness is based upon what a reasonably prudent manufacturer's standard should have been at the time the product was made. Once it is shown that the product was defective when it left the manufacturer and that the defect proximately caused the injury, recovery is warranted unless there was conduct by the consumer, which may bar recovery.

HINT: In Mass., Delaware, Mich., N. Carolina, and Virginia, one is theoretically required to show that the manufacturer/seller was negligent in making/selling a defective product to recover compensation for injuries but the claim process is virtually the same.

If you have been hurt in such a manner and believe you are due compensation for your injury, please consult with an attorney before contacting the manufacturer yourself. Product liability laws are complex, and you should rely on the legal advice of an attorney experienced in personal injury law. When you need a strong legal advocate to get you fair compensation, phone WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Defamation

An intentional tort is wrongdoing deliberately perpetrated by a person upon another. As is the case with the torts involving negligence, the person against whom the wrongdoing was committed has the right to sue for damages. Defamation is an intentional tort that refers to a false statement that tends to diminish a person's reputation to the point where others think so much less of him or her that they no longer want to associate with the defamed person. There are two types of defamation: Slander refers to spoken words and libel involves written communication. If you have been the object of either, and have endured adverse consequences as a result, you may want to consult with a lawyer.

HINT: The key thing to remember about slander and libel is that they involve false statements about the defamed person.

If you have been injured financially or physically by the intentional wrongdoing of another, or injured due to the negligence of another, you may have the right to be compensated for your losses. Don't just assume you must grin and bear it: Call your attorney and see if the facts merit a suit. If you've been injured and would like additional information, phone WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Surveying The Damages

While "damage" is defined as a loss or harm resulting from injury to a person, property, or reputation, "damages" refers to compensation. Damages are divided into a number of categories upon which the recovery may be based. "Compensatory damages" are for making a person "whole again" (put back into the position which existed before the harm or loss). One of two main categories of compensatory damages is "general damages," which is the amount needed to restore the fair market value of the property to its owner. The other is "special damages," which include documented out-of-pocket items (such as the need to rent or replace property) or the cost of services (such as the cost to have property valued or appraised).

HINT: Future damage that is certain to occur as the result of loss or harm is recoverable so long as there is a satisfactory basis for which the future, anticipated losses or harms can be determined.

If you have been seriously injured due to the negligence of another party, you may be contacted by his or her insurance company with an offer of compensation. While a fast settlement may seem attractive, first speak to your attorney or one who handles personal injury litigation before you waive your right to fair compensation. When you need experienced counsel, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Product Liability

Changes in product liability law have made it easier for consumers to hold manufacturers responsible for injuries caused by their products. No longer is it necessary for those injured by defective product to prove that a manufacturer knew or should have known that its product was designed or manufactured poorly. Strict liability now makes manufacturers legally responsible for injuries cause by their products, even if they were not negligent. Underlying this change in product liability law is the notion that manufacturers are in the best position to prevent defective products from getting to the marketplace. In order to successfully pursue a product liability case, an injured person must prove that the product was defective in it was not "reasonable safe" for its intended use, there was no misuse of the product and there was not a reasonable secondary cause for the malfunction.

HINT: Even if a manufacturer could have predicted that a consumer might misuse its product in the manner that led to injury, the manufacturer might still be held liable.

In a product liability case, one may be able to not only sue the manufacturer of the product, but others down the line of distribution from the product's manufacturer to its point of purchase. Often people choose to sue all of the above. If you have been injured and/or damaged, you should have an attorney review the particulars for your case and advise you. To schedule a consultation, please phone us at (304) 881-0641 or (866) 617-0522 (Toll-Free). WARNER LAW OFFICES, PLLC is located at 227 Capitol Street, Charleston, WV.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Whom Do You Sue?

Before a plaintiff can file a claim against those whom he plans to sue, he must first decide whom he is going to notify. This usually depends on the type of accident involved. In the case of a slip or trip-and-fall accident, the responsible person might be the one who caused him to fall. Other responsible parties may include the owner of the property on which he fell or the renter of the property. The owner of the business at which he fell may also be held responsible, as might the employer of a person who (during work hours) caused him to fall - regardless of where the accident occurred. These and other legal issues should be discussed with an attorney. If you have been injured in a public place (a store, for example), you may receive a "courtesy call" to see how you are. The call may, in fact, may be either the store's attorney or their insurance carrier's attorney.

HINT: Once it has been determined who might be responsible for your accident, they should be sent letters of notification.

If you are injured, it is best not to answer any questions until you have consulted with your lawyer. To consult with an experienced professional about how to proceed after you've been injured, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). We're located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

What Will It Cost To Sue?

Plaintiffs in personal injury cases will usually find the contingency fee to be the most common fee arrangement. Under this payment agreement, the lawyer receives a percentage of the judgment fee. On the other hand, if the plaintiff loses, the lawyer receives no fee. Thus, would-be plaintiffs can be fairly certain that entering into a contingency fee arrangement ensures that the lawyer taking the case thinks that it is winnable and relatively easy to prove. In addition, the lawyer will also want to ascertain that there is a fund from which any judgment would come. Because insurance companies usually have the money to pay a judgment or a settlement, it is preferable that the defendant be insured.

HINT: Contingency fee arrangements do not lend themselves to real estate lawsuits or business litigation.

If you have been injured in an accident for which someone else is liable, speak to your attorney promptly. He or she will review the circumstance of your accident and advise you if you have a potential case; if the case has merit, you will be advised how to proceed. To speak to an experienced attorney about compensation for a personal injury, phone WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, West Virginia.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Types of Child Abuse

Within the minimum standards set by The Federal Child Abuse Prevention and Treatment Act (CAPTA), each State is responsible for providing its own definitions of child abuse and neglect 1. Most States recognize four major types of maltreatment: child neglect, child physical abuse, child sexual abuse, and child emotional abuse. Although any of the forms of child maltreatment may be found separately, they often occur in combination.

The examples provided below are for general informational purposes only. Not all States' definitions will include all of the examples listed below, and individual States' definitions may cover additional situations not mentioned here.

Neglect is failure to provide for a child's basic needs. Neglect may be:

Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)
Medical (e.g., failure to provide necessary medical or mental health treatment)
Educational (e.g., failure to educate a child or attend to special education needs)
Emotional (e.g., inattention to a child's emotional needs, failure to provide psychological care, or permitting the child to use alcohol or other drugs)

These situations do not always mean a child is neglected. Sometimes cultural values, the standards of care in the community, and poverty may be contributing factors, indicating the family is in need of information or assistance. When a family fails to use information and resources, and the child's health or safety is at risk, then child welfare intervention may be required.

Physical Abuse is physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.

Sexual Abuse includes activities by a parent or caretaker such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.3

Emotional Abuse is a pattern of behavior that impairs a child's emotional development or sense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance. Emotional abuse is often difficult to prove and, therefore, CPS may not be able to intervene without evidence of harm to the child. Emotional abuse is almost always present when other forms are identified.

If you have any questions about child abuse, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Child Abuse Statistics

Child abuse occurs in 30-60% of family violence cases that involve families with children.
Child abuse is 15 times more likely to occur in families where domestic violence is present.
Over 3 million children are at risk of exposure to parental violence each year.
Reported cases of child abuse have increased by 63% in the last 10 years.
Reported cases of fatalities caused by child abuse have increased by 48% in the past ten years.
According to recent surveys, physical abuse represented 21% of confirmed cases, sexual abuse 11%, neglect 49%, emotional abuse 3% and other forms of abuse 16%.
Approximately 45% of deaths occurred to children who have been former clients of child protective services.
The general population of adults shows that anywhere from 6 to 63% of adults have been abused as children.
It is reported that 9 to 10 million children, under the age of 18 are directly affected by substance-abusing parents.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Age Discrimination

Generally, discriminating on the basis of age in the workplace is illegal under the Federal Age Discrimination in Employment Act (ADEA).

People under forty years old are not protected by age discrimination in the workplace laws. If an employer refuses to hire somebody because he or she is thirty-nine, and therefore "too young", that is not illegal. But if it because he or she is forty and "too old", that is illegal.

Age discrimination has some special aspects that make it different from other types of employment discrimination. A few of these are discussed below.

Golden Handshakes

Sometimes when employers are down-sizing, they lay people off by offering "golden handshakes", which are special packages to employees who agree to take early retirement. This is not age discrimination. However, if it is being done for the purpose of getting rid of older workers just because of their age and if it can be shown that there is a real discriminatory motive, that is illegal.

Replacing Older Workers

It is illegal to replace a person over 40 with a person under 40, if age is the reason. It is also illegal to replace a person over forty with a younger person who is also forty.

Replacing Higher Earners and Age Discrimination in the Workplace

It is not illegal to replace people who are making high wages with people who will make less because they have less seniority.

However, this usually means replacing older workers with younger ones. If the wage considerations are not the real motivator and the employer is actually trying to replace older workers with younger ones, that is illegal. Here, the employee must prove that it is the age, not the wages, which is motivating the employer to fire the older workers.

If you have any questions about age discrimination in the workplace, call WARNER LAW OFFICES, PLLC at (304) 881-0641 or (866) 617-0522 (Toll-Free). Our Charleston office is conveniently located at 227 Capitol Street, Charleston, WV 25301.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.

Retaliatory Firing

If you report your employer to the police or a state or federal agency for some wrongful termination, your employer can't fire you in revenge - even if you are an at-will employee. That's called "whistleblower" protection. For example, if your employer is illegally dumping toxic waste and you report the company to the Environmental Protection Agency ("EPA"), you cannot be fired for that reason. Even if your employer claims to fire you for a different reason, it will be very suspicious if you are fired immediately after your report. See a lawyer who specializes in employment law if this happens to you.

Questions about your case? Fill out our Contact Form, call or e-mail with details of a potential claim to lawrbw@cs.com.