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Huntington WV Personal Injury Law Blog

Did a nursing home violate the rights of your loved one?

When you make the decision to place your loved one in a nursing home, it is with the expectation that the facility and those employed there will provide quality care. While most West Virginia nursing home residents receive good care and medical treatment, that is not always the case.

If you believe your loved one experienced a violation of his or her rights while living in a nursing home, you have the right to speak out on his or her behalf. No matter how sick or incapacitated nursing home residents may be, they still have rights, including the right to safety and acceptable care. Victims of any type of mistreatment in a nursing home could have a valid claim to financial compensation.

Does your chronic pain condition qualify you for disability?

West Virginia readers know that chronic medical conditions can affect many aspects of a person's life, including a person's ability to work. Even conditions that many consider to be relatively minor can have a significant impact on a person's abilities. Some of these conditions, such as complex regional pain syndrome, are chronic conditions that actually develop as a result of a previous injury.

Chronic pain is not just an inconvenience; it is a threat to a person's ability to do his or her job. If you are struggling with CRPS, it is possible that you will not be able to hold gainful employment. In this situation, you may have a valid claim to disability benefits through the Social Security Administration.

Don't fall asleep on your claim after a drowsy driving accident

Drivers get behind the wheels of their vehicles while tired all the time. You have probably done it, as well as every other driver in West Virginia. However, there is a major difference between driving while a little sleepy and driving while so exhausted that it's dangerous. In such circumstances, drowsy driving can have catastrophic, even fatal consequences.

Drowsy driving is dangerous, and it can be as dangerous as drunk driving or distracted driving. Sadly, it is rather common for drivers to make the decision to operate a motor vehicle while too tired to make safe decisions, and innocent motorists may pay the price for this decision. If you suffered harm in an accident, it is possible that a drowsy driver is to blame.

What you do after your car accident could impact your recovery

When a car accident happens, it often leaves those involved with serious injuries, unexpected medical bills and other losses. Dealing with the aftermath of a traumatic accident can be traumatic itself, but you do not have to walk through this intricate process alone. If you are a victim, knowing what to do in the days and weeks after a collision could have a direct impact on your recovery. 

If your accident was that result of the negligent or reckless actions of another West Virginia driver, you could have a rightful claim to financial compensation. However, actually obtaining restitution is an arduous process, and taking the right steps is an important part of ensuring you get the financial help you deserve.

Seeking damages for victims of nursing home abuse

Placing a loved one in a nursing home is a difficult, complicated decision for any West Virginia family. Often, this step comes as the result of a loved one being unable to meet his or her own basic needs, or because he or she needs medical or physical assistance. Every facility that provides inpatient care for elderly adults has the responsibility to provide quality care and service. 

It is unnerving to learn that your loved one could be the victim of any type of abuse or neglect at the hands of the people who are supposed to be providing care. You naturally feel angry and overwhelmed, but there are options available to your family. There is no need to walk through this situation alone.

Why are traffic accidents deaths climbing again?

Does it seem to you that more stories of fatal car crashes cover the internet and print media? It seems as though there is a sad tale of a death at least once a week, if not more, nationwide. That perception could be more right that you know, at least for 2016.

It has been since 2007 since the country has seen such a deadly year on the roadways. Last year, approximately 40,000 people lost their lives on the country's roads, including many here in West Virginia. Another 4.6 million or so suffered injuries in a variety of crashes. These sharp increases haven't occurred in quite a long time.

What happens when a medical device is under a recall?

When a medical device recall goes into effect, it could mean that your health and safety are at risk. Prompt action from the company and your quick action to have the issue resolved could have a significant impact on the damage that a defective medical device can cause. However, if you have a device that is under recall, you would be wise to learn if there was a violation of your rights in any way.

You have the right to a reasonable assumption of safety when you agree to the implantation or use of a medical device or product in your body. If companies delay in notifying patients of issues, West Virginia doctors do not notify patients in a timely manner or other issues arise, victims could have the right to take legal action.

Are you unable to work because of a cancer diagnosis?

Cancer is a sickness that can take a toll on every area of your life. From your ability to care for yourself to your ability to work, this type of disease can take a significant toll, financially, physically and emotionally. For many individuals, the treatment required to fight this disease can be devastating and leave a person weak, sick and disabled.

Some West Virginia residents with a diagnosis of cancer could be eligible for disability benefits. This type of financial support is for people who cannot work due to a medical condition, and for many, this includes cancer. If you believe that you may have a rightful claim for benefits through the Social Security Administration, you would be wise to learn about your legal options. 

Fighting back against a denied car insurance claim

After a car accident, you need your insurance company to step in and do what you paid them to do. Insurance coverage for West Virginia drivers can be quite expensive, and when you give these companies your hard-earned money, it is with the expectation that you will have coverage for losses and damages in the event of an incident. 

When your insurance company fails to do what they said they would do, it can be frustrating and leave you in a state of financial duress. The act of refusing to pay on an incident that clearly qualifies per the terms of your coverage contract is acting in bad faith. This could be grounds for you to file a civil claim against your insurance company.

Tragedy can occur when loved ones wander from nursing homes

When your parent began to show signs of dementia, it may not have surprised you, especially if Alzheimer's runs in your family. You may have done your best to take care of your dad or mom while you could, knowing that, eventually, he or she would need more extensive attention. Finding a nursing home was a logical solution.

Since 60 percent of those with dementia tend to wander, nursing homes with Alzheimer's units typically have alarmed doors and other safety precautions in place. That is why the phone call informing you that your parent wandered away may come as a complete shock.

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