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Category Archives: General

Gavel and stethoscope on wooden background, medical malpractice concept

How Do You Prove Medical Malpractice in West Virginia?

By Burke, Schultz, Harman & Jenkinson |

Medical malpractice can have devastating consequences for patients and their families. When healthcare providers fail to meet the standard of care, the results may include serious injury or even death. Proving medical malpractice, however, is a complex process that requires substantial evidence, expert testimony, and tenacity in the face of hospitals and their insurance… Read More »

Truck drivers big truck right-hand traffic hands holding radio and steering wheel truck dashboard with driver

How Long Can Truck Drivers Go Without Taking a Break?

By Burke, Schultz, Harman & Jenkinson |

Trucking is a demanding industry that plays a critical role in transporting goods across the country. However, it is not without its risks. Long-haul truckers spend nearly all their time on the road, and truck driver fatigue can play a role in causing serious accidents with catastrophic or even fatal injuries. As you might… Read More »

Road construction zone with orange warning sign.

State Highway Safety Report Reveals Latest Details on Serious Injuries and Fatalities on West Virginia Roads

By Burke, Schultz, Harman & Jenkinson |

West Virginia continues to focus on improving highway safety through the implementation of the Highway Safety Improvement Program (HSIP). The HSIP is a critical component of the state’s broader Strategic Highway Safety Plan (SHSP), which aims to reduce traffic fatalities and serious injuries on West Virginia roads. Below we look at the latest figures… Read More »

construction accident liability

Who Is Legally Liable After a Construction Accident in West Virginia?

By Burke, Schultz, Harman & Jenkinson |

Construction sites are inherently dangerous environments, with numerous hazards that can lead to serious accidents. That doesn’t mean, however, that some party isn’t liable to a construction worker who gets injured on-site. In West Virginia, multiple parties may be held liable for construction accidents, depending on the circumstances surrounding the incident. When an accident… Read More »

recoverable damages: court gavel, and book

Recoverable Damages for Medical Malpractice in West Virginia

By Burke, Schultz, Harman & Jenkinson |

Medical malpractice can have devastating effects on patients and their families. When healthcare providers fail to meet the standard of care, resulting in injury or death, victims and their families have the right to seek compensation. In West Virginia, medical malpractice claims are governed by specific statutes that outline the recoverable damages and limitations…. Read More »

ambulance on emergency car in motion blur

West Virginia Traffic Deaths Compared

By Burke, Schultz, Harman & Jenkinson |

Traffic deaths are regrettable, avoidable, and tragic, yet they also seem to be a fact of life everywhere in the United States. When comparing data state by state, we see that a lot of factors influence how dangerous and deadly driving can be in a particular state. Some of those factors, such as the… Read More »

a judge's gavel on a bench in the courtroom

Will My Personal Injury Case Go to Trial?

By Burke, Schultz, Harman & Jenkinson |

When you’re hurt in a personal injury incident, the possibility of having to take your case to trial to get compensation can be an intimidating thought. Many clients at Burke, Schultz, Harman & Jenkinson wonder whether their personal injury case will end up in a courtroom. The truth is, while the idea of a… Read More »

Mediation Negotiation Arbitration Concept. Business Mediate.

Understanding Mediation in a Personal Injury Case

By Burke, Schultz, Harman & Jenkinson |

Some personal injury cases take longer to resolve than others. Factors that affect the progress of a case include how serious the injury is, how complex the accident and surrounding facts are, and whether the parties agree about who was at fault and have a general understanding of the damages involved. If a case… Read More »

American witness takes an oath before giving a testimony. A jury member standing near a male judge in the court room swears on the Bible that she will tell the truth. Law and justice in the US concept

Understanding Depositions in a Personal Injury Case

By Burke, Schultz, Harman & Jenkinson |

If the insurance company isn’t settling your personal injury claim for a satisfactory amount, you have the option of filing a lawsuit in court, where ultimately a jury would decide whether the party you are suing is liable to you and for how much. A lot happens between the time a lawsuit is filed… Read More »

Doctor mistreating senior woman in nursing home

Ways to Prove Nursing Home Abuse

By Burke, Schultz, Harman & Jenkinson |

When entrusting the care of a loved one to a nursing home, you expect a standard of professionalism and compassion. Unfortunately, nursing home abuse is a harsh reality in facilities throughout West Virginia, and it’s crucial to recognize and address it immediately and effectively. Below you’ll find a discussion of the ways to prove… Read More »

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