Charleston Personal Injury Law Blog

A man in another state recently claimed that he was injured at a McDonald's eatery due to the management's carelessness. He has thus filed a lawsuit against the company's operator. Likewise, if injury-causing slip-and-fall accidents occur at businesses in West Virginia due to the companies' negligence, those injured in the accidents have the right to seek to hold these establishments accountable through the civil court system.

In the recent out-of-state case, the man asserted that he was at the restaurant one day in January and ended up slipping and falling on ice there. The ice was apparently located on a sidewalk outside of the eatery. The slip-and-fall accident reportedly caused the man to suffer permanent and serious injuries to the head and neck area.

Injuries to the brain can easily happen as a result of serious accidents, such as motor vehicle collisions, in West Virginia. However, these injuries leave more than just physical scars. Research shows that a brain injury can also affect a person's mental health long term.

Scientists have long recognized that brain injuries can cause possibly dangerous side effects, including dizziness, blurred vision and confusion. However, not much attention has gone to the fact that these types of injuries can also cause people's emotions to change. In fact, those who suffer from traumatic brain injuries often develop anxiety and depression as they recover from their injuries.

Summer is the time of year when motorcycle enthusiasts in West Virginia bring their bikes out from winter storage and take to the open roads. The National Highway Traffic Safety Administration says it takes more coordination and skill to operate a bike than what is required for driving a vehicle. Furthermore, motorcycle riders must dress to make themselves more visible, and learn to drive defensively. According to the NHTSA, eight in 10 motorcycle accident victims suffer severe injuries or death.

Bikers have none of the protections offered to motorists, and nothing will stop them from making contact with the road surface in the event of an accident. Depending on the level of protective gear worn, skin damage can occur. First-degree road rash appears as only a red skin, while a broken skin with intact inner layers is classified as a second-degree rash. However, immediate medical attention is required for third-degree road rash in which the outer layer of the skin is so damaged that inner layers of fat and tissue are exposed.

A woman in another state claimed in 2016 that doctors did not correctly assess her baby's health condition. Their alleged failure to diagnose the baby's pertussis -- a mistake that can easily impact patients in West Virginia and elsewhere as well -- ultimately led to her death. After filing a medical malpractice claim against their medical practice, the woman recently received an award of $4 million for her child's death.

A jury agreed with the woman that the doctors should have diagnosed and quickly treated the baby's pertussis-related complications. Pertussis is a common medical problem that affects children and also goes by the name of whooping cough. In her civil complaint, the woman contended that she had asked physicians at several visits to test her baby, as she had also been experiencing similar symptoms. However, her requests were ignored.