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What types of fatal accidents can result in a wrongful death claim?
Fatal accidents can stem from a variety of circumstances, such as traffic accidents, the use of defective products and medical malpractice. Families of individuals who are killed in these accidents may file a wrongful death claim if it was caused by another’s negligence.
In most cases, you will need to prove that someone else acted in a careless or reckless manner. But strict liability may apply in some cases, such as in cases of defective products.
Types of Fatal Accidents
Traffic accidents involving passenger cars, trucks, motorcycles, bicycles or pedestrians can result in death. In order to file a wrongful death claim, you would need to prove that someone else acted in a negligent manner to cause the accident. An example would be a crash on Highway 50 caused by a drunk driver or a truck that runs a red light and collides with a car.
Defective products also can cause fatal injuries. Strict liability may apply in some of these cases, meaning the plaintiff must prove only that the product was defective and it caused a loved one’s death – not that the manufacturer acted negligently.
A case of wrongful death may be filed as a result of medical malpractice. The plaintiff must demonstrate that a medical professional acted in negligent manner – that is, outside of the reasonable standard of care expected of other professionals – and that it caused a loved one’s death. Examples include a surgeon operating on the wrong site or a nurse administering the wrong medication.
You might be surprised to learn how often these types of cases occur. According to StateHealthFacts.org, in 2011 there were 157 paid medical malpractice claims in the state of West Virginia.
Seeking Help from a Wrongful Death Attorney in Clarksburg
Can I file a car accident claim if I don’t have car insurance?
A car accident claim may be filed against another driver if you were injured in a crash that wasn’t your fault. Keep in mind, however, that certain damages may not be recoverable if it’s found that you don’t have insurance. To learn more about your rights specific to your case, contact a lawyer for car accident in Clarksburg, WV at The Miley Legal Group.
Filing a Car Accident Claim When Not Insured
A third party car accident claim with the at-fault party’s insurance could still be filed if you are in an accident, even if you don’t have insurance yourself. Some states – although not West Virginia – have enacted ‘No Pay, No Play’ laws prohibiting uninsured motorists from collecting certain damages when in an accident they didn’t cause.
But penalties are strict for the uninsured. Not only could your driver’s license and vehicle registration be suspended, but you may even be fined or face jail time. In the state of West Virginia, it is against the law to be uninsured.
The minimum amount that motorists are required to carry is:
- $10,000 for property damage;
- $20,000 per accident with one injury; and
- $40,000 per accident with two or more injuries.
You must also carry proof of insurance in your car. So if you are involved in an accident, expect the responding police officer to ask for it.
Seeking Help from a Lawyer for Car Accident in Clarksburg WV
According to the Insurance Information Institute (III), in 2009 13.8 percent of motorists in the country were uninsured. In West Virginia, 10.8 percent didn’t have insurance.
While it is required by law to carry car insurance, if you are injured by another driver you may still file a claim for damages. The Miley Legal Group can review your case if you are injured in a crash. We can explain the options you have available when filing a car accident claim. Call us at 877-652-1031.
What is the dog owner's liability if I petted a dog on his or her property and it attacked me?
Dog owner liability on the owner’s property will depend on the circumstances. If you were attacked by a dog while on the owner’s property, one of the first issues that may be raised is whether you had permission to enter. If you were trespassing or provoked the dog, it could be difficult to find the owner liable. Dog bite lawyers in Clarksburg, WV can explain the laws and how they might impact your case.
An Overview of West Virginia Dog Bite Laws
The laws in your state will impact your case; West Virginia follows limited strict liability.
Dogs that attack or bite and run at large almost always will result in dog owner liability. If the dog isn’t running freely, one possible way to find the owner negligent is if you were welcomed to pet the dog or given permission to do so, despite the dog having previously bitten someone.
Because West Virginia follows the one-bite rule, if you were the first person to be attacked or bitten, and the dog had not previously shown signs of being dangerous, it could be difficult to find the owner liable. The circumstances of each case would need to be evaluated by dog bite lawyers in Clarksburg, WV.
Legal Assistance if Bitten by a Dog
Dog attacks can result in devastating injuries. Consult a dog bite lawyer in Clarksburg, WV at The Miley Legal Group. We will review the details of the incident carefully to determine if you have a case of dog owner liability.
Is truck driver cell phone use allowed while driving?
Truck driver cell phone use while behind the wheel is not allowed. If you believe this was the cause of your big rig crash, it could entitle you to compensation for the injuries you suffered. Contact a lawyer for accident Clarksburg, WV, to discuss your case.
Rules Pertaining to Truck Driver Cell Phone Use
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). As of Jan 3, 2012, regulations were put in place banning the use of cell phones.
This form of trucker negligence is a serious risk to other motorists. Drivers who don’t comply with these rules could face serious penalties, including the loss of their commercial driver's license (CDL).
Drivers aren’t the only ones held accountable. Trucking companies cannot require or allow their drivers to use a cell phone. If they do, additional penalties could be enforced.
Of course, if you were injured as a result of this type of distracted driving, not only could it be a case of trucker negligence, but the employer also may be responsible. Talking with a lawyer can help you better understand who may be held liable.
Seeking Help from a Lawyer for Accident Clarksburg WV
According to the National Highway Traffic Safety Administration (NHTSA), in 2010, there were 10 fatalities stemming from accidents with large trucks in West Virginia. Although these types of accidents don’t happen on a frequent basis, when they do, it can leave a victim devastated.
Contact a lawyer at The Miley Legal Group. We will evaluate the details of your crash and determine if it was the result of negligence, such as truck driver cell phone use.
How is negligence in wrongful death claim factored into the case?
Negligence in a wrongful death claim is one of the most important factors in this type of case. You must be able to show evidence that someone else’s actions were the cause of injury and death. This can sometimes be complicated, which is why you may benefit in discussing your case with injury lawyers in Clarksburg.
Establishing Negligence in a Wrongful Death Claim
Doing something wrong or acting carelessly doesn’t automatically mean an individual was negligent. The first way negligence is established is by determining if there was a duty of care.
For instance, drivers owe a duty of care to other motorists on the road. Doctors owe a duty of care to their patients. Manufacturers owe a duty of care to consumers.
Once you have established that a duty of care was owed, the next step in establishing negligence is if that duty of care was breached. An example would be a driver who gets behind the wheel of a car intoxicated.
Other examples may include a doctor who operates on the wrong body part or a manufacturer who poorly designs a product. Once you have established a violation of the duty of care, you need to connect it to the injuries.
If a drunk driver causes a fatal accident on I-50 or a doctor’s negligence during surgery cuts a major artery and the patient dies, these are generally considered negligent actions that can usually be connected to the fatal injuries. When this connection is made, a claim may be filed for wrongful death.
Seeking Help from a Personal Injury Lawyer in Clarksburg
If negligence was the cause of your loved one’s death, contact a personal injury attorney at The Miley Legal Group in Clarksburg. We can evaluate the specifics of your circumstances and determine if you may be able to establish negligence in a wrongful death claim (304) 931-4088.
Can I file a personal injury claim against the parents of an underage illegal driver who caused my accident?
In West Virginia, filing a personal injury claim against parents whose minor child causes injury or damages in a car accident is possible. If the child was unlicensed or underage and the parents consented to the child driving or borrowing their car, they could be held liable in the event of a wreck.
While most accidents are not intentional, if the underage, illegal driver willfully or maliciously injured a person or property, then his or her custodial parents can be held liable for up to $5,000 in damages according to West Virginia law.
Legal Representation in an Accident Claim
Whatever the case, if you’re considering filing a personal injury claim against the parents of an underage driver or a driver who has a learner’s permit, contact a Clarksburg car accident lawyer today. An attorney can advise you regarding who holds liability in your case.
You may be able to seek compensation from parents of an underage driver through their insurance policy. By West Virginia law, every car is required to have a minimum amount of insurance coverage to qualify for registration. Because of these laws, the car the underage driver was using in your wreck may have been covered by an insurance policy.
Insurance Requirements for West Virginia Drivers
At a minimum, insurance requirements for West Virginia drivers includes:
- $10,000 toward property damages;
- $20,000 toward one injury or death (in one accident); and
- $40,000 toward multiple injuries or death (in one accident).
If the other driver is not insured, you may be covered by uninsured motorist coverage if this is part of your policy. If it is not, your attorney may go over other options to recover compensation through a claim.
Learn How a Clarksburg Car Crash Lawyer Files West Virginia Injury Claim Against Illegal Driver
Learn more about filing a personal injury claim against an underage, illegal driver in our eBook, The 7 Biggest Mistakes that can Wreck your West Virginia Car Accident Claim. Call 304-931-4088 or 877-652-1031 to speak with a Clarksburg car accident lawyer at The Miley Legal Group today.
Who may be sued in a wrongful death claim for the cause of the accident in Harrison County?
When you have a wrongful death claim, it can sometimes be hard to determine who can be sued in your lawsuit. The good news for victims is that anyone who is negligible or found at fault for the death can be held accountable. With a Harrison County accident attorney, you can file a suit against any company, organization, person, or institution for a wrongful death incident. Provided that you can find proof of negligence or fault, you can sue just about anyone in the event of a wrongful death case.
What a lot of people don't realize is that a wrongful death claim can have more than one party at fault. For example, if someone died as a result of an improper treatment at the hospital, the doctor can be held accountable. If you can find proof of negligence, such as wrongfully credentialing a doctor or mislabeling a file, the entire hospital or other staff members can be sued, as well. The job of yourHarrisonCountyaccident attorney is to figure out who is at fault based on evidence provided and whether they caused intentional harm, were negligent in care, or used willful conduct.
Whether your wrongful death case has one negligent party or five, it's going to be important to hold everyone who was involved accountable. This can help ensure that people are properly punished and that the likelihood of another incident decreases because every single person involved is being legally punished for their actions (or the lack thereof).
Contacting an Attorney to Handle Your Personal Injury Case
When you're dealing with a personal injury case that involves wrongful death, you deserve compensation for you and your family’s loss. Protect your rights by seeking an accident attorney at the Miley Legal Group today to discuss your case and see what we can do for you: 877-652-1031.
Can I file a car accident claim in Weston, West Virginia, if I didn’t have a valid driver’s license?
You can still file a car accident claim if you did not have a valid driver’s license at the time of the accident; however, it may be more difficult to prove and win your case. In this situation, it is best to seek the legal counsel of a Weston personal injury attorney.
West Virginiaoperates under the comparative fault system. This means that you can still file a lawsuit for injuries even if you, in part, contributed to them. Your amount of fault in the injuries or accident will simply affect the amount of compensation you can receive in your claim.
In this situation, driving without a license would be similar to driving without a seat belt. Essentially, in your claim, you would need to prove that the other driver held more fault in the accident than you. While your lack of a driver’s license may have contributed to your injuries or worsened them, the car accident was, indeed, the fault of the other driver.
This is where having an attorney by your side can help; they’ll be able to prove negligence on the part of the other driver, and successfully build a winning case for you. It’s important to note that while having legal counsel may help you win your claim, you will likely still receive a citation for driving without a license.
Were you in an accident while driving without a license? It’s important to still file a claim if the other driver was at fault. Call 304-326-1800 or 877-652-1031 to speak with a Weston personal injury attorney at the Miley Legal Group about your options. Learn more about accident claims by reading our article The 7 Biggest Mistakes that can Wreck your West Virginia Car Accident Claim.
Should I throw out defective or dangerous products, if they cause injury in Star City, West Virginia?
No, you should not throw away defective or dangerous products that have caused you or someone you know harm. It will ultimately be more difficult to prove in court that the product actually caused damage to you if you no longer own it and cannot show it to a judge or jury. It is important to show the defective or dangerous products that injured you to yourStarCity injury attorney too. This way, your lawyer can be armed with much more information about the case, including in what way the product was harmful.
In order to effectively argue that you in fact were injured as a result of a defective or dangerous product, you must prove that:
- the injury did in fact occur;
- that the product caused your injury and that it in fact was defective; and
- that the defect actually was the cause and not user error.
In order for you to prove all or any of this, it is important to hold onto the defective or dangerous product. It can help you and your injury attorney win your case against the product’s manufacturer, designer, or any other party that had involvement with the defect. Otherwise, there is no proof that you ever had the product in the first place or that it was defective.
Injured by a Defective Product? Call a Star City Injury Attorney for Claim Help
The Miley Legal Grouphas personal injury attorneys dedicated to helping you have a successful outcome of your case when you’ve been injured by the negligence of another entity. Call on us at 304-326-1800 to help you get the compensation you deserve.
What are the top 10 dogs that are known to perpetrate a dog attack in Monongalia County, West Virginia?
There are 10 dog breeds that are considered more prone to vicious behavior like dog attacks. The consensus is pretty clear based on studies from the American Veterinary Medical Association, the Humane Society, and the Centers for Disease Control and Prevention that came in agreement on the top 10 most vicious dog breeds in the country. Some of it is genetics, but owners play a significant role as well. If you or a loved one were injured in a dog attack, seek out a Monongalia County dog bite attorney as soon as possible to see if you can take legal action.
The top 10 most dangerous breeds are as follows:
- Dalmatians (especially aggressive toward people);
- Boxers (not easy to train);
- Presa Canarios (commonly used as guard dogs);
- Chows (can be bred to be aggressive);
- Doberman Pinschers (another popular guard dog);
- Alaskan Malamutes (full of energy);
- Huskies (another high-energy dog);
- German Shepherds (which are generally fearless);
- Rottweilers (are extremely territorial); and
- Pit Bulls (can be trained to be aggressive)
Of course, it would not be accurate to say that there is a non-vicious dog breed out there. A dog’s aggressiveness can depend on how the animal was raised, DNA, whether the victim was taunting it or not, and amongst other factors, according to the Humane Society.
Injured in a dog attack? Contact a Monongalia County Dog Bite Attorney
If your injuries are preventing you from normal daily life or you feel the injury could have been prevented, contact an attorney today. The Miley Legal Group has significant experience handling these types of cases, so contact a legal professional now at 304-326-1800 for a free consultation.