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June 2015 Archives

My Social Security disability claim has been denied. Now what?

Making a claim for Social Security disability benefits can seem like an exercise in frustration. There are many requirements that you must meet, considerable documentation, and a lengthy processing time that can take months before a decision is reached. And after all of the headaches in preparing and submitting the claim, after all the waiting, the unfortunate fact is that there is a good chance that the Social Security Administration's reply to you benefits claim will be, "No."

What is West Virginia law concerning comparative fault?

For most of its history, West Virginia has used the legal doctrine of joint and several liability when it comes to allocating damages among multiple defendants. “Joint and several” means that the plaintiff can collect damages from all of the defendants, or any one of them, in any proportion. This can, and has led to situations in which more than one defendant is found liable, but in the end only one of them pays the damages award.

Who can file a wrongful death claim in West Virginia?

In an earlier post on the subject, we looked at the question of what kinds of damages claims a successful plaintiff can recover in a West Virginia action for wrongful death. In this post, we will examine the topic of who can initiate such a lawsuit.

Nursing home injury: a serious and underreported problem

Advances in medical knowledge about nutrition general health care mean that the lifespan for an American living in West Virginia is now the longest it has ever been. This good news means that it is realistic to anticipate that people can live into their 70s, 80s or even longer. But this good news is not necessarily unalloyed. Those who make it to old age may reach a point when they can no longer adequately care for themselves and need to be placed in an assisted living facility. And sometimes this can lead to dangerous, even deadly consequences if neglect or physical abuse is taking place there.

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