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Understanding 18-Wheeler Accident Attorney Roles

Mon, 30 Mar 2026 15:09:13 GMT

Have you ever wondered why accidents involving 18-wheelers are so different from typical car crashes? Because of their massive size, weight, and commercial use, 18-wheelers pose unique dangers on the road, often leading to more severe injuries and complicated legal issues for victims. These cases involve detailed federal regulations and usually require investigating multiple parties who may be responsible.

In this article, we will explore the unique risks and legal complexities related to 18-wheeler accidents, how an experienced 18-wheeler accident attorney investigates liability, and why victims need specialized legal help after these serious collisions.

Key Differences Between Commercial Truck Accidents and Passenger Vehicle Crashes

One major reason 18-wheeler accidents differ from regular car crashes is the regulatory framework surrounding commercial trucking. The Federal Motor Carrier Safety Administration (FMCSA) sets strict standards that govern truck drivers, trucking companies, and the vehicles themselves, including:

Limits on maximum driving hours to prevent fatigue
Required maintenance schedules and safety inspections
Cargo load weights and securement regulations
Driver qualifications, including medical exams and drug-testing requirements

Unlike typical auto accident cases that focus mainly on driver fault, truck accident claims often depend on whether federal regulations were violated. This adds complexity to the legal process and requires the expertise of an 18-wheeler accident attorney with a deep understanding of both state and federal laws. When these regulations are ignored, they offer strong evidence for proving negligence.

Common Causes of 18-Wheeler Accidents and Their Legal Significance

Understanding what causes most 18-wheeler collisions helps illustrate the legal challenges involved. Some frequent causes include:

Driver Fatigue: Many truck crashes result from drivers exceeding federal limits on driving time. Fatigue causes slower reaction times and poor decision-making that can be deadly on the road.
Improper Truck Maintenance: Trucking companies are legally required to maintain their vehicles. Brake failures, tire blowouts, or engine problems often lead to serious accidents if neglected.
Cargo-Related Issues: Improperly secured or overloaded cargo can shift or fall during transport, causing loss of control or hazards in traffic.
Distracted or Reckless Driving: Like passenger vehicle drivers, truckers may be distracted or aggressive behind the wheel.

An 18-Wheeler Accident Attorney in Morgantown, WV, plays a critical role in investigating these factors, collecting evidence such as driver logs, truck inspection reports, and black box data before important information disappears or is altered.

Why Prompt Evidence Gathering Is Vital in Truck Accident Cases

Evidence collection after an 18-wheeler crash is more urgent and complex compared to typical car accidents. Trucking companies and their insurers often move quickly to minimize liability, making it essential to act fast. Key evidence includes:

Electronic Logging Devices (ELDs): These track driver hours and help prove fatigue or hours-of-service violations.
Maintenance and Inspection Records: Show whether the vehicle was safe and compliant with regulations.
Accident Scene Documentation: Photographs, police reports, and eyewitness statements captured immediately help preserve reliable facts.
Event Data Recorder Information: The truck’s “black box” records speed, braking, and other data leading up to the collision.

An experienced 18-wheeler accident attorney in Morgantown, WV, knows how to secure this evidence quickly, building a strong foundation for the case.

How a Car Accident Injury Lawyer Supports Victims of Truck Collisions

Recovering from an 18-wheeler accident often involves serious injuries, lengthy medical treatment, and financial strain. A car accident injury lawyer from Higinbotham & Higinbotham can provide vital assistance by:

Helping manage and negotiate medical bills and insurance claims
Pursuing fair compensation for medical expenses, lost income, pain and suffering, and future care needs
Guiding clients through complex legal procedures with clear communication and personalized support
Protecting clients from unfair settlement offers or tactics by trucking companies and insurers

With expert legal counsel, victims have a better chance at full recovery, both physically and financially.

Understanding Liability: Who Can Be Held Responsible in 18-Wheeler Accident Cases?

Unlike many passenger vehicle crashes, liability in truck accidents may fall on several parties beyond the driver. Potentially responsible parties include:

The truck driver
The trucking company or carrier
Maintenance and repair companies
Cargo loaders or freight brokers
Part manufacturers or subcontractors

Proving fault often requires a comprehensive investigation to identify all liable entities. This increases the complexity but also opens multiple paths for victims to seek the compensation they deserve. An 18-wheeler accident attorney in Morgantown, WV, can navigate this multifaceted liability process on behalf of clients.

Why Choose an 18-Wheeler Accident Attorney in Morgantown, WV From Higinbotham & Higinbotham?

Handling an 18-wheeler accident claim demands specialized knowledge of federal trucking regulations and commercial liability issues. At Higinbotham & Higinbotham, their Morgantown-based attorneys bring years of experience representing victims of serious truck crashes. They know how to conduct thorough investigations, gather and preserve vital evidence, and hold negligent parties accountable.

Clients working with an 18-wheeler accident attorney in Morgantown, WV, benefit from clear communication, personalized service, and a commitment to pursuing the maximum compensation available. From the first consultation through settlement or trial, the firm supports victims every step of the way.

Taking Action After an 18-Wheeler Accident: How to Get Help in Morgantown, WV

If you or someone you love has been injured in an 18-wheeler accident, it is important to seek legal assistance as soon as possible. Early involvement of an experienced attorney can make a significant difference in preserving key evidence and building a strong claim.

Contact Higinbotham & Higinbotham today at (304) 366-2900 to schedule a free consultation. As a trusted 18-wheeler accident attorney team located in Morgantown, WV, they are ready to provide compassionate, skilled legal representation to help you navigate these complex cases.

Car Accident Law Firm in Fairmont, WV: Why Local Matters

Fri, 19 Sep 2025 05:50:33 GMT

A car crash can leave you feeling overwhelmed, especially when injuries, medical bills, and insurance claims pile up. Having the right car accident law firm in Fairmont, WV, on your side ensures you’re not facing these challenges alone. Unlike out-of-town firms, a local team understands the court system, West Virginia laws, and the unique needs of the Fairmont community. Contact us today at (304) 366-2900 to schedule your consultation and take the first step toward protecting your future.

Why Choosing a Local Car Accident Law Firm Matters

When you’re injured, the law firm you choose plays a major role in the outcome of your case. Working with a car accident law firm that serves Fairmont ensures you get attorneys who are familiar with local judges, opposing attorneys, and the way insurance companies negotiate in this area.

Local knowledge gives your case a strong advantage. An attorney who practices in Fairmont regularly knows how cases are handled in Marion County courts. That familiarity can shorten timelines and increase the chances of reaching a favorable settlement.

A car accident law firm in Fairmont, WV, isn’t just close to home—it’s deeply connected to the community. That means your lawyer will fight for you like a neighbor, not treat you like just another file.

The Value of Experience After an Accident

Not every attorney specializes in car accident claims. Hiring a dedicated car injury attorney in Fairmont, WV, means you’ll have someone who understands both the emotional and financial impact of accidents. They know how to build strong cases backed by evidence, expert testimony, and proven legal strategies.

An experienced car accident law firm helps with:

Gathering police and accident reports.
Reviewing medical documentation to connect injuries to the accident.
Working with accident reconstruction professionals.
Identifying negligent behavior, such as distracted or impaired driving.
Filing claims and lawsuits before important deadlines.

Your lawyer’s experience allows you to focus on recovery while they handle the heavy lifting of legal negotiations.

Personalized Service vs. Out-of-Town Firms

Larger out-of-state firms often handle cases in bulk, meaning you rarely speak directly with the attorney assigned to your case. By contrast, a car accident law firm in Fairmont, WV, provides personal attention and consistent communication.

A car injury attorney in Fairmont, WV, takes time to understand your unique situation. This includes considering medical needs, missed work, and the long-term effects of your injuries. That personal connection makes a difference when calculating fair compensation—not just immediate bills but also future costs.

With a local team, you’ll know who’s working on your case and how it’s progressing at every step.

How a Car Accident Law Firm Helps With Insurance Companies

Dealing with insurance adjusters after an accident can be intimidating. Their main goal is often to minimize payouts, not to protect your interests. That’s where a skilled car accident law firm becomes essential.

Your attorney will evaluate settlement offers, push back against lowball amounts, and negotiate aggressively for what you truly deserve. If the insurer refuses to cooperate, your lawyer will be prepared to take the case to trial in a Fairmont courtroom.

Knowledge of national safety standards, such as those outlined by the National Highway Traffic Safety Administration , also helps. By referencing safety regulations and traffic laws, a car accident law firm in Fairmont, WV, can highlight negligence and strengthen your claim.

What to Expect When You Work With a Car Accident Law Firm

Every client deserves to know what the process looks like. Here’s a clear breakdown of what typically happens when you work with a car accident law firm:

Step 1: Free Consultation

Your lawyer listens to your story, explains your legal rights, and helps you understand the next steps.

Step 2: Thorough Investigation

The attorney gathers evidence such as witness statements, police reports, and medical records to build your case.

Step 3: Negotiation With Insurance

The car accident law firm in Fairmont, WV, negotiates directly with insurance adjusters, aiming to secure a settlement that covers your full losses.

Step 4: Filing a Lawsuit

If fair compensation isn’t offered, your attorney files a lawsuit and represents you in court.

Step 5: Resolution

Whether through settlement or trial, your lawyer ensures your case reaches a fair resolution that meets your needs.

Serving Fairmont With Care And Dedication

Accident victims often feel like just another number at large firms. But when you choose a car accident law firm in Fairmont, WV, you gain advocates who are part of your community. They care about protecting their neighbors and ensuring justice is served.

A car injury attorney in Fairmont, WV, understands that each case represents a family’s livelihood and well-being. By working with a dedicated local team, you get more than legal help—you get compassion, support, and a partner in your recovery. Learn more about our vehicle accident cases now.

Final Thoughts

When you’re recovering from a crash, you need an advocate who will fight for your rights and stand by your side. A car accident law firm in Fairmont, WV, provides the knowledge, compassion, and local insight necessary to secure justice. Out-of-town firms may not understand your community, but a local team will treat you like family.

Call Higinbotham & Higinbotham PLLC at (304) 366-2900 today for your consultation, or get started with a trusted car accident law firm serving Fairmont.

Experienced Car Wreck Lawyer in Morgantown, WV

Tue, 03 Jun 2025 21:26:38 GMT

Car accidents can happen in an instant, but their consequences can last a lifetime. From physical injuries to emotional trauma and financial hardship, the aftermath of a wreck is often overwhelming. That’s why working with a skilled car wreck lawyer in Morgantown, WV, is essential when navigating the legal and insurance complexities following a crash.

Whether you're dealing with mounting medical bills, lost wages, or long-term injuries, Higinbotham & Higinbotham PLLC provides the experienced legal support you need. With deep roots in the Morgantown community, our firm is dedicated to helping accident victims protect their rights and secure fair compensation.

Why You Need a Car Wreck Lawyer After an Accident

After a car wreck, it’s common to feel disoriented and unsure about your next steps. Insurance companies may contact you quickly with a settlement offer, but it’s rarely in your best interest to accept it without legal guidance. A qualified car wreck lawyer can help you evaluate the offer and determine what your claim is truly worth.

In Morgantown, WV, traffic accidents can involve everything from minor fender benders to severe collisions that result in long-term injuries. Each case is different, and that's why legal representation matters. A car wreck lawyer will assess every aspect of your case, including

Police reports and accident scene evidence
Medical records and expert testimony
Witness statements
Loss of income and future earning potential
Pain and suffering

With the right legal team, you’re not just another claim number. At Higinbotham & Higinbotham PLLC, we offer personalized legal strategies tailored to your situation. We aim to ease your burden and guide you through the process with compassion and professionalism.

What to Expect from Higinbotham & Higinbotham PLLC

When you work with us, you get more than just legal representation—you get an advocate who’s invested in your recovery. Our firm understands the local laws and the challenges faced by residents in Morgantown, WV. We provide clear communication, honest advice, and aggressive representation when it matters most.

We work on a contingency fee basis for car wreck cases, which means you don’t pay unless we win your case. This allows you to focus on healing while we focus on building a strong claim.

We also handle negotiations with insurance companies, ensuring you aren’t pressured into accepting less than what you deserve. If needed, we’re fully prepared to take your case to trial to fight for your rights.

When to Call a Car Wreck Lawyer

Timing is critical in personal injury cases. The sooner you reach out to a lawyer after your accident, the better your chances of building a solid case. Evidence can fade, and deadlines matter. In West Virginia, you generally have two years from the date of the accident to file a claim.

Don’t wait until it’s too late. If you or a loved one has been injured in a car accident in Morgantown, WV, contact a local car wreck lawyer who understands what you’re going through and is ready to help.

Conclusion

If you've been injured in a car wreck, you deserve a trusted legal advocate to help you secure the compensation you need to move forward. Let us handle the legal side so you can focus on healing. Learn more about how Higinbotham & Higinbotham PLLC can support you by visiting our website or calling us at (304) 291-5800 .

5 Key Steps to Take After a Car Accident in Morgantown, WV – And How a Lawyer Can Help

Tue, 04 Mar 2025 20:45:06 GMT

Car accidents can be overwhelming and confusing but knowing what to do in the immediate aftermath can make all the difference in protecting your rights. Taking the right steps after a car accident not only ensures your safety but also maximizes your chances for fair compensation. In this guide, we’ll walk you through five critical steps to take after a car wreck in Morgantown, WV—and explain how a skilled car wreck lawyer can assist you in the process.

1. Ensure Safety and Call for Medical Help

The first and most important step after any car accident is ensuring everyone's safety. If possible, move your vehicle out of traffic to avoid further accidents. Calling 911 should be your next move, especially if there are injuries involved. Medical professionals can evaluate and treat injuries, even if they seem minor at first. Remember, some injuries may not be immediately apparent, so a medical check-up is essential.

2. Gather Evidence at the Scene

Gathering as much evidence as possible is crucial to building a strong case. Take photos of the scene, damage to vehicles, and any visible injuries, as these can be vital pieces of evidence in your claim. If there are witnesses, ask for their contact information. Documenting the scene helps your lawyer strengthen your case and ensures that important details are not overlooked.

3. Report the Accident to the Authorities

Filing a police report is not just a formality—it’s a critical step in ensuring that there is an official record of the accident. The police report can provide essential information regarding fault, traffic violations, and the details of the accident, all of which can influence your case. Always cooperate with law enforcement but avoid admitting fault at the scene.

4. Notify Your Insurance Company

After ensuring your safety and gathering evidence, it's important to notify your insurance company about the accident. Be honest about the details of the accident but avoid giving a recorded statement without legal advice. Insurance companies may attempt to minimize your claim, and having an experienced car wreck lawyer on your side can protect you from potential pitfalls.

5. Consult With a Car Wreck Lawyer in Morgantown, WV

This is where legal expertise comes into play. A car wreck lawyer can evaluate your case, negotiate with insurance companies, and represent your interests. They’ll guide you through the claims process, ensuring that you understand your rights and help you pursue the maximum compensation for your medical bills, vehicle damage , lost wages, and pain and suffering.

If you’re facing the aftermath of a car accident, our team at Higinbotham & Higinbotham, PLLC in Morgantown, WV, can help. Contact us for a legal consultation .

Conclusion:

After a car accident, it’s important to stay calm, follow the necessary steps, and seek legal guidance to protect your interests. Consulting with an experienced car wreck lawyer can make a significant difference in ensuring that you receive fair compensation. Have you taken all the necessary steps after your car accident to ensure your rights are protected?

6 Mistakes to Avoid After a Car Accident in Morgantown, WV

Fri, 21 Feb 2025 15:47:10 GMT

1. Admitting Fault at the Scene

In the aftermath of an accident, emotions run high, and you may feel inclined to apologize—even if you weren’t at fault. However, admitting fault, even casually, can be used against you later by insurance companies and opposing attorneys. Instead, stick to the facts when speaking to the police and other parties involved.

2. Failing to Document the Accident

Proper documentation is crucial when filing an insurance claim or pursuing legal action. If possible, take the following steps at the scene:

Take clear photos of vehicle damage, road conditions, and any visible injuries.
Collect contact information from witnesses.
Obtain the other driver’s insurance and vehicle details.

If you are unsure what to document, a car accident attorney in Morgantown, WV can guide you on gathering the right evidence.

3. Delaying Medical Attention

Even if you feel fine after an accident, some injuries, like whiplash or internal bleeding, may not show symptoms immediately. Delaying medical care can not only jeopardize your health but also give insurance companies a reason to dispute your claim. Always seek medical attention as soon as possible

and keep detailed records of your treatment.

4. Accepting a Low-Ball Insurance Offer

Insurance companies often try to settle claims quickly—and for as little as possible. If you accept an offer too soon, you may not receive the full compensation needed for medical bills, lost wages, and vehicle repairs. Before accepting any settlement, consult with a car accident attorney in Morgantown, WV to ensure you receive fair compensation.

5. Not Contacting a Car Accident Attorney

Many accident victims believe they can handle their claims on their own, only to realize too late that they have been unfairly compensated. A skilled attorney understands West Virginia’s laws and can fight for the compensation you deserve.

If you’ve been in a car accident in Morgantown, WV, don’t risk making costly mistakes. The experienced legal team at Higinbotham & Higinbotham, PLLC is here to protect your rights and fight for the compensation you deserve. Contact us today for a free consultation and get the legal advice you need

Navigating an Insurance Dispute for a Personal Injury Claim

Tue, 03 Dec 2024 05:57:57 GMT

Facing an insurance dispute during a personal injury claim can be challenging, and overwhelming, to say the least. These disputes often arise when dealing with the aftermath of a car wreck, where injuries are coupled with the stress of medical bills and lost income. Understanding your options can help you resolve these challenges more effectively.

Understanding the Nature of Insurance Disputes

When you file a personal injury claim, insurance companies play a crucial role in compensating you for injuries sustained. However, disputes often emerge due to disagreements over claim value, liability, or policy coverage. You can expect an insurance company to try to minimize the importance of paying you a fair and reasonable amount to protect their interests, often leading to disputes that can seem overwhelming to personal injury victims.

Evaluating Your Claim

The first step is to evaluate your claim thoroughly. Gather all relevant evidence related to your injuries, such as medical records, police reports, with photos and/or video footage, and witness statements. This documentation strengthens your position, providing a solid foundation for your claim. Reviewing your insurance policy's terms and conditions can also clarify coverage limits and potential exclusions that may impact your case.

Consulting With Personal Injury Attorneys

Even after having given your best layperson efforts, engaging a personal injury attorney is always a prudent move when facing an insurance dispute. Legal experts specialize in navigating the complexities of personal injury claims and can provide valuable guidance on your options. Attorneys analyze your case, negotiate with insurance companies on your behalf, and ensure you identify AND pursue fair compensation. Their expertise increases the likelihood of resolving disputes efficiently.

Exploring Mediation as an Option

Mediation presents an alternative to litigation, offering a less adversarial approach to resolving insurance disputes. During mediation, a neutral third party facilitates discussions between you and the insurance company, seeking mutual agreement. Mediation can be faster and less costly than court proceedings, often leading to outcomes satisfactory to both parties. It fosters open communication and collaboration, potentially circumventing lengthy legal battles. And the right personal injury is a must in navigating this part of the process.

Preparing for Litigation

If mediation does not achieve the desired results, preparing for litigation might become necessary. Litigation involves taking your case to court, where a judge or jury assesses the evidence and determines the outcome. While litigation can be time-consuming and costly, it offers the opportunity for a comprehensive examination of your case. Personal injury attorneys guide you through this process, ensuring your rights are protected and articulated effectively.

Negotiating a Settlement

Negotiating a settlement remains a viable option at any stage of your dispute. Settlements involve reaching an agreement with the insurance company outside of court, often resulting in faster resolution and reduced legal costs. Engaging in settlement discussions with the assistance of personal injury attorneys can lead to fair compensation while avoiding the uncertainties of litigation.

Documenting All Communications

Throughout the dispute resolution process, it is vital to document all communications with the insurance company. Keeping detailed records of conversations, emails, and correspondence ensures transparency and accountability. This documentation serves as evidence should the dispute escalate, strengthening your case and supporting your position.

Maintaining Patience and Persistence

Insurance disputes can be frustrating and emotionally taxing, requiring patience and persistence to achieve a favorable outcome. Staying informed about your rights and options empowers you to make informed decisions throughout the process. Seeking guidance from experienced personal injury attorneys remains crucial, as they provide the expertise needed to advocate for your best interests.

Navigating an insurance dispute for a personal injury claim requires a strategic approach. By understanding your options, consulting with personal injury attorneys, and considering alternative dispute resolution methods, you enhance your chances of achieving a resolution that aligns with your needs. Remember, persisting through this challenging period can lead to a successful resolution, allowing you to focus on recovery and rebuilding your life. If you're facing an insurance dispute, take action today by exploring these options and securing the support you need to protect your rights and interests.

For more information about navigating insurance disputes, do not hesitate to contact us at Higinbotham & Higinbotham, PLLC.

The Importance of Hiring a Lawyer After Being Hit by a Car

Wed, 13 Nov 2024 06:22:50 GMT

Being involved in a car wreck when you’re driving your own vehicle can be severe enough, but when you’re injured as a pedestrian, it can be that much worse. As you may expect, it’s a traumatic experience, often leaving victims at the very least in a state of shock and confusion. Amidst the chaos and uncertainty, one critical step is often overlooked: hiring a lawyer. This particular circumstance is no different than any other -- the legal representation you choose can significantly impact the outcome of your case, so you have to be mindful that your rights are protected, so as to increase the likelihood that you receive no less than the compensation you deserve.

Navigating Complex Legal Processes

The legal landscape surrounding car wrecks in general is intricate and can be daunting for those without the right background. A lawyer who focuses on personal injury claims understands these complexities and can streamline the process. From filing legal documents to representing you in court, the right lawyer ensures that every legal procedure is followed correctly and promptly. And of course, this expertise is vital in avoiding setbacks that could delay your case or reduce the compensation you receive.

Ensuring Fair Compensation

One of the primary roles of a lawyer is to ensure you receive fair compensation for your injuries. This compensation covers medical bills, lost wages, pain and suffering, and other damages. Without a lawyer, victims may inadvertently accept low settlement offers from insurance companies that are eager to minimize payouts. A skilled attorney can evaluate the full extent of your losses and negotiate on your behalf to secure a settlement that truly reflects your needs and circumstances.

Dealing With Insurance Companies

Insurance companies often present a formidable challenge, as their primary aim is to protect their bottom line. They employ adjusters and legal teams to minimize the payouts on claims. However, the right lawyer acts as your advocate, handling all communications with the insurance company and protecting you from tactics that are designed to undermine your claim. With the right lawyer in your corner, you can focus on recovery, knowing that your case is in capable hands.

Understanding Personal Injury Laws

Aside from the lawyer, there’s the law itself. Personal injury laws can be quite complex and vary significantly from state to state, reflecting the diverse legal landscapes across the country. These laws govern several essential aspects of personal injury claims, including the types of compensation available to victims, which may include medical expenses, lost wages, pain and suffering, and emotional distress. Each state has its own regulations regarding what constitutes a valid claim and how damages are calculated, making local legal knowledge vital.

Determining fault in personal injury cases is another critical component, as different states follow various doctrines, such as comparative negligence or contributory negligence, which affect how damages are awarded.

Engaging a lawyer with expertise in personal injury law is essential, as they can provide crucial insights and advice that is tailored to your specific situation. An experienced attorney will navigate the complexities of the legal system, gather necessary evidence, and build a strong case on your behalf. This knowledge and expertise are vital in maximizing your chances of securing a favorable outcome and ensuring you receive the compensation you deserve for your injuries.

Peace of Mind and Protection of Rights

Most importantly in certain situations, hiring the right lawyer offers peace of mind, allowing you to focus on your recovery while knowing your legal matters are being handled professionally. This peace of mind is invaluable, particularly during a time when emotional and physical healing is paramount. Moreover, a lawyer ensures that your rights are protected throughout the legal process, holding accountable those who may otherwise take advantage of your situation.

Summary

The aftermath of being hit by a car is a critical time that requires careful consideration and action. Hiring a lawyer is a step towards securing the compensation and justice you deserve. Hiring the right lawyer puts you in the best position to be treated fairly. With their expertise in navigating complex legal processes, dealing with insurance companies, and understanding personal injury laws, your lawyer should be an indispensable ally. They not only enhance your chances of a favorable outcome but also provide the solace and support needed to begin the journey towards healing and recovery.

If you find yourself hit by a car, whether you’re in one as well or not, do not hesitate to contact us at Higinbotham & Higinbotham , PLLC to explore all of your legal needs and immediately get started down the best path to be taken.

Understanding Product Liability: When to Hire a Lawyer

Wed, 25 Sep 2024 23:28:27 GMT

As a consumer, you rely on products to make your life easier and more efficient. From the latest gadgets to everyday household items, you trust that these products are safe for you to use. However, what happens when a product fails to meet its intended purpose and causes harm?

Product liability is the legal responsibility of manufacturers or sellers for any damages or injuries caused by their products. In other words, it holds them accountable for any defects in their products that result in harm to the consumer. The concept of product liability may seem straightforward, but the laws surrounding it can be complex and vary from state to state.

In this blog post, we will explore the basics of product liability and when it is necessary to hire a lawyer.

Understanding Product Liability Laws

Product liability laws are in place to protect consumers from unsafe products. These laws hold manufacturers, distributors, and retailers accountable for defective products that cause harm to consumers. Three main types of defects can result in product liability:

Design Defects : These occur when there is a flaw in the design of the product itself.
Manufacturing Defects : These happen during the production process and result in individual items being flawed.
Marketing Defects : This includes inadequate warnings or instructions on how to use the product safely.

For a product liability case to be successful, the plaintiff (the person bringing the lawsuit) must prove that the product was defective and caused injury or damages. They must also demonstrate that they were using the product as intended and not in a way that would make it unsafe.

When Do You Need to Hire a Lawyer?

If you have been injured by a defective product, you may be wondering if you need to hire a lawyer. While it is possible to handle a product liability claim on your own, here are some situations where hiring a lawyer may be necessary:

When Dealing With Large Corporations

Product liability cases can involve large corporations with teams of lawyers who will work to defend their company's reputation and profits. It can be challenging to navigate through the legal proceedings on your own, especially when going up against a powerful opponent. In these cases, it is best to have an experienced lawyer on your side who can advocate for your rights and ensure you receive fair compensation.

When Facing Serious Injuries or Damages

If you have suffered significant injuries or damages due to a defective product, it is crucial to seek legal representation. A lawyer can help you calculate the full extent of your losses and determine the appropriate amount of compensation you should receive.

When Dealing With Complex Cases

Some product liability cases involve multiple parties, such as the manufacturer, distributor, and retailer. These cases can be complex and require a thorough understanding of product liability laws. A lawyer with experience in this area can navigate through the complexities and ensure all responsible parties are held accountable for their actions.

When Negotiating With Insurance Companies

In some cases, insurance companies may be involved in product liability claims. These companies often have teams of lawyers working to minimize payouts or deny claims altogether. Having a lawyer on your side who is well-versed in dealing with insurance companies can greatly improve your chances of receiving fair compensation.

Conclusion

Product liability cases can be complex and overwhelming, especially when dealing with injuries or damages caused by a defective product. If you find yourself in this situation, it is essential to understand the laws surrounding product liability and when it is necessary to hire a lawyer. A lawyer's expertise can greatly improve your chances of receiving fair compensation for your losses.

For more information, reach out to our team at Higinbotham & Higinbotham, PLLC .

A Guide to Navigating Slip and Fall Claims

Fri, 30 Aug 2024 08:18:58 GMT

Slip and fall incidents can happen to anyone, anywhere, at any time. Whether you slip on a wet floor in a grocery store or trip over a loose rug in a friend's home, these situations can result in serious injuries and financial burdens. If you've been injured in a slip and fall incident that was caused by someone else's negligence, you may be entitled to compensation through a slip and fall claim.

Understanding Liability

To have a successful claim, you must be able to prove that the occupier or property owner was negligent in maintaining their premises. This could mean failing to clean up spills promptly, not fixing broken stairs or handrails, or neglecting to warn visitors of potential hazards. It's important to gather evidence, such as photographs of the scene, witness statements, and medical records, to support your claim. Additionally, it's crucial to seek medical attention immediately afterward, not only for your health, but also to have a record of your injuries.

Proving Negligence

To prove negligence in a slip and fall claim, you must show that the property owner knew or should have known about the dangerous condition that caused the incident. This can be challenging, as it requires establishing that the property owner failed to take reasonable steps to prevent such situations on their premises. An experienced personal injury attorney can help you gather evidence and build a strong case against the negligent party.

Determining Compensation

Compensation in slip and fall claims can cover a wide range of damages, including medical expenses, lost wages, pain and suffering, and even future treatment or accommodation if necessary. The amount of compensation you may stand to receive will depend on the extent of your injuries and the impact they have on your daily life. It's important to work with an experienced personal injury lawyer who can accurately assess the value of your claim and negotiate on your behalf.

Dealing with Insurance Companies

After filing a slip and fall claim, you may be contacted by the property owner's insurance company. It's important to remember that its main goal is to minimize the amount it may have to pay out for your claim. It may further try to downplay the severity of your injuries or pressure you into accepting a low settlement offer. This is why it's crucial to have a knowledgeable and assertive lawyer by your side who can advocate for your rights and negotiate fair compensation.

Navigating the Legal Process

Navigating the legal process of a slip and fall claim can be overwhelming for those who are unfamiliar with personal injury law. From filing paperwork with the court to negotiating settlements with insurance companies, there are many steps involved in pursuing compensation for your injuries. Hiring an experienced personal injury attorney can help ensure that your rights are protected throughout the process and increase your chances of obtaining fair compensation for your losses.

Seeking Legal Assistance

If you've been injured as the result of a ‘slip and fall’ due to someone else's negligence, it's important to seek legal assistance as soon as possible. An attorney can review the details of your case, advise you on your legal options, and help you pursue maximum compensation for your injuries. Remember that time limits apply to filing slip and fall claims, so don't delay in seeking legal representation.

Final Thoughts

Slip and falls can have serious consequences for victims, but with the help of an experienced personal injury lawyer, you can hold the appropriate negligent property owner accountable for its actions, or perhaps, inactions. Whether through negotiations or a trial, a skilled attorney can fight for your rights and ensure that you receive the compensation you deserve. If you've been injured as the result of a slip and fall, don't hesitate to seek legal assistance and protect your future well-being . . . contact us at Higinbotham & Higinbotham PLLC today.

Considerations for Personal Injury and Vehicle Damage Claims

Wed, 31 Jul 2024 19:51:28 GMT

Car wrecks are often unexpected and leave victims to deal with bothersome aftermath such as personal injuries and vehicle damage. Understanding the important legal considerations when filing such claims is of great importance to ensure you receive appropriate compensation. However, while the process may seem straightforward, it can actually be complex and challenging. That is exactly why it is crucial to work with experienced lawyers to navigate the intricacies involved.

Understanding Personal Injury Claims

A personal injury claim generally emerges when someone experiences harm due to another party's negligent actions. When filing a claim, it's essential first to establish the liable party's fault, which requires solid evidence such as crash reports, witness statements, and medical records and bills. This evidence demonstrates the extent of injuries sustained and supports the claim that the other party's negligence directly caused those injuries. Moreover, it's important to consider any deadlines you must meet before filing your claim before. Lawyers can assist in ensuring all legal deadlines are met and that your claim is filed accurately.

Calculating Damages for Personal Injury

Determining the value of your personal injury claim involves calculating both economic and non-economic damages. Economic damages cover medical expenses, rehabilitation costs, and lost wages, while non-economic damages refer to intangible impacts like pain and suffering, emotional distress, and loss of quality of life. Lawyers are adept at assessing these damages comprehensively to ensure that victims receive fair compensation for both types of losses. To strengthen your claim, maintaining thorough documentation is essential. This includes medical records, proof of treatment, receipts for expenses related to the injury, and detailed accounts of how the injuries have impacted your daily life. Legal professionals can guide you in assembling this documentation effectively to build a robust case.

Vehicle Damage Claims: Key Considerations

Filing a vehicle damage or other ‘property’ claim often involves dealing with insurance companies, which can be a daunting experience. It's critical to understand your insurance policy and the coverage it provides. This will include collision coverage, which pays for damages to your vehicle irrespective of who was at fault, and liability coverage, which compensates for damages to another person’s vehicle if you were at fault.

Promptly reporting the incident to your insurance provider is also vital. Delays can complicate the claims process and, in some cases, lead to denial of the claim. When dealing with insurance adjusters, be mindful of their objective to minimize payouts. This is where lawyers come into play, advocating for your rights and negotiating with insurers to secure a the right settlement, hardly ever the first one with which they hope to tempt you.

Repair Estimates and Total Loss Assessments

An important aspect of vehicle damage claims is obtaining accurate repair estimates. It's advisable to get multiple estimates from reputable repair shops to ensure you are not being shortchanged. If the repair costs exceed or even come near the vehicle's value, the insurer may declare it a total loss. In such scenarios, understanding the fair market value of your vehicle is crucial to ensure you receive appropriate compensation. Lawyers can facilitate these evaluations and contest any lowball offers made by insurance companies.

The Role of Comparative Negligence

In car wreck cases, the concept of comparative negligence can significantly impact the outcome, and value, of your claims. Comparative negligence refers to the proportionate fault of each party involved in the incident. For example, if you are found to be partially responsible for the collision, a claims adjuster may attempt to decrease the amount of compensation you are entitled to receive by the percentage of fault it believes you contributed.

Navigating the nuances of comparative negligence requires expert legal knowledge. Lawyers can assess the circumstances of your case, gather substantial evidence, and effectively argue to minimize your share of fault, thereby maximizing your compensation.

IN SUMMARY

Handling personal injury and vehicle damage claims can be daunting. However, with the best legal expertise, you can steer clear of common mistakes and obtain the compensation you rightfully deserve. The best way to do that is to contact our lawyers at Higinbotham & Higinbotham, PLLC , so that we can discuss your case with you, and provide you with an opportunity to receive expert legal advice.

How to Ensure a Successful Medical Malpractice Case

Fri, 31 May 2024 16:30:36 GMT

Medical malpractice is a serious issue that affects thousands of people every year. When we put our trust in medical professionals, we expect them to provide us with adequate care. However, mistakes can happen, or standards are sometimes ignored, and the consequences can be devastating when either happens. In cases of medical malpractice, it is important for victims to understand their rights and take appropriate action to seek compensation for their injuries. In this guide, we will discuss how you can ensure a successful medical malpractice case and receive the compensation you deserve.

Understanding Medical Malpractice

When medical malpractice occurs, it means a healthcare professional fails to provide the standard of care expected in his or her field, causing harm to the patient as a result. This encompasses misdiagnoses, surgical mishaps, medication errors, and various other types of negligence. It is important to note that not all medical errors constitute malpractice, and it can be difficult to determine whether a case qualifies.

Consulting With a Medical Malpractice Attorney

If you believe that you or a loved one has been a victim of medical malpractice, the first step is to consult with an experienced medical malpractice attorney. These specialized attorneys have the expertise and resources to evaluate your case and determine if you have a viable claim. They can also guide you through the legal process and advocate for your rights.

Knowing Your Rights

As a victim of medical malpractice, you have the right to seek compensation for your injuries and losses. This encompasses financial losses such as medical bills, lost income, and future earning capacity, alongside intangible losses such as pain and suffering.

Gathering Evidence

To ensure a successful medical malpractice case, gathering as much evidence as possible is crucial. This can include medical records, witness testimonies, expert opinions, and any other relevant documentation. Your attorney will work with you to gather and organize this evidence to strengthen your case.

Proving Negligence

In order for a medical malpractice claim to be successful, it must be proven that the healthcare professional was negligent in his or her actions or lack of action. This can be established by showing that the standard of care was not met, that the healthcare professional acted in a way that deviated from standard procedures, or that his or her actions directly caused your injuries.

Seeking Compensation

Ultimately, after any negligence has been established, your attorney will help you seek the compensation you deserve. This may involve negotiations with the healthcare provider's insurance company or taking the case to court. It is important to have a skilled and knowledgeable attorney by your side during this process to ensure that you receive fair and just compensation for your injuries.

Preventing Medical Malpractice

While seeking compensation for injuries caused by medical malpractice is important, it is also crucial to prevent these incidents from happening in the first place. Patients can advocate for themselves by thoroughly researching their healthcare provider's credentials and asking questions about their treatment plan. Medical professionals must also prioritize patient safety and adhere to standard procedures to prevent errors.

Being a victim of medical malpractice can be a traumatic experience, but it is important to take action and seek justice for your injuries. You can ensure a successful medical malpractice case by consulting with an experienced attorney, gathering evidence, proving negligence, and seeking appropriate compensation. Additionally, by advocating for patient safety and holding healthcare professionals accountable, we can work towards preventing future incidents of medical malpractice. Remember, your health and well-being are a priority, and you have the right to receive the best possible care.

If you have experienced medical malpractice, contact our attorneys at Higinbotham & Higinbotham, PLLC. We'll help you fight for the compensation you deserve.

When to Lawyer Up Against Your Insurance Company

Tue, 23 Apr 2024 21:11:17 GMT

Navigating the rocky terrain of insurance claims often feels like a one-sided ball game, with the insurance company holding all the cards. Even when you believe you're in the right and your claim is legitimate, you may find yourself battling for fair treatment and your due compensation. It's a situation that can turn from frustrating to surreal very quickly.

But at what point does your situation require legal reinforcement? The short answer? The sooner the better. That’s because when you call in legal counsel can mean the difference between a swift claim resolution and a protracted, uphill battle. Here are the signs that it's time to consider legal representation.

1. Compliance Complications

Filing an insurance claim is a meticulous task where one wrong move or the right move made out of order could invalidate your entire submission. Insurance policies are complex documents that outline your responsibilities and the terms under which the insurer will meet its obligations, and it’s not the company’s job to explain to you what it means.

If you find that your insurer is dragging their feet or rejecting your claim on a technicality, it's a warning sign. The right attorney can help you comb through the policy, ensuring that you do everything by the book and that the insurer is held to its obligations as well.

Navigating the Fine Print

“ The big print giveth, but the fine print taketh away… ” -Professor Thomas Cady, WVU College of Law, 1994. Fine print is where insurers often wield their power, pointing to obscure clauses or new interpretations of generic terms to deny claims. An attorney skilled in insurance law can decipher these cryptic documents and strategies, ensuring that your insurer doesn't use them to run circles around you.

2. Delays in Processing

The adage "time is money" is especially poignant when it comes to insurance claims. Any unjustified delay in processing your claim compounds stress and can lead to financial hardship if you're relying on it for urgent repairs or medical bills.

When Time Becomes the Enemy

When weeks turn into months and months turn into seasons, you know you're in a battle against a bureaucratic behemoth. A lawyer can help add a sense of urgency to the proceedings and hold the insurer accountable for every lost day.

3. Unwarranted Denials

One of the most soul-crushing outcomes for a claimant is an unwarranted denial by the insurance company. This is particularly galling in cases where the evidence in support of the claim is clear and undisputed.

Fighting Back Against Naysayers

An attorney can draft legal letters, negotiate with adjusters, and eliminate irrelevant distractions where necessary to ensure that denial is based on sound reasoning and not on the whims of the claims department.

4. Offer That's Too Low

While insurance companies are notorious for delays and denials, they are also known for low-ball settlement offers. They're gambling that you'll take a fraction of what's owed to avoid the hassle of a prolonged legal dispute.

Worth the Fight

A lawyer, armed with knowledge of what's reasonable, can push back and negotiate a fair settlement that reflects the true value of your claim.

5. Complex Claims

Some claims, especially those involving severe injuries, extensive property damage, or policy limits, are inherently complex. In these cases, the stakes are high, and mistakes are even more costly than usual.

Calling in the Experts

An attorney who specializes in the type of claim you're dealing with can provide the nuanced legal advice and representation necessary to achieve the best possible outcome.

6. Verbal Stops and Starts

If your claim is being handled in a peculiarly disorganized or chaotic manner, with verbal commitments made and broken, it's a red flag.

The Power of a Recorded Conversation

An attorney can help keep the process on track, insist on clear and documented communication, and ensure that any promise made by the insurer is one that is kept.

7. Disputes Over Liability

When fault or responsibility is in question, insurers may push back. This is common in auto accidents, where fault can be contentious.

Establishing the Truth

Legal professionals can help gather evidence, including witness statements and expert opinions, to establish a clear picture and defend your position.

When dealing with an insurance company, it's much like a poker game where the stakes are high and the house always seems to win. But remember, the law is meant to be the great equalizer. If you find yourself outgunned and outmanned in the face of an unreasonable insurance company, know that the right attorney can be your ace in the hole. Contact our office today, because at Higinbotham & Higinbotham, the legal representation we can provide is a vital tool in your claim handling arsenal.

Understanding Product Liability Claims for Compensation

Mon, 08 Apr 2024 19:49:19 GMT

Understanding product liability claims is crucial when a product fails to meet safety standards and causes harm to consumers. If you've experienced product damage due to a faulty product, it's not just about seeking compensation; it's about knowing your rights. This blog post will delve into five common types of product liability claims, equipping you with the knowledge to protect your rights and seek the compensation you deserve.

Design Defect Claims

Design defect claims are based on the premise that the design of the product itself is inherently flawed and poses a risk of harm to consumers. To substantiate a design defect claim, you must demonstrate that the product's design posed an unreasonable danger and that a feasible alternative design existed that was safer. Examples of design defects include faulty car brakes, flammable children's toys, and malfunctioning medical devices.

Manufacturing Defect Claims

Manufacturing defect claims differ from design defect claims in that the product is manufactured incorrectly rather than having a flawed design. Manufacturing defect claims focus on errors that occur during the production process, leading to a product that is dangerous or defective. Examples of manufacturing defects include contaminated food products, poorly assembled furniture, and medications that are improperly dosed.

Marketing Defect Claims

Marketing defect claims revolve around inadequate warnings or instructions provided with a product, leading to consumer harm. This type of claim alleges that the manufacturer failed to warn consumers about known risks associated with the product or provided misleading information about its intended use. Examples of marketing defects include missing warning labels on prescription drugs, lack of safety instructions on power tools, and insufficient warnings on household cleaning products.

Breach of Warranty Claims

Breach of warranty claims is based on a violation of an express or implied warranty associated with the product. An express warranty is a specific promise made by the manufacturer about the quality or performance of a product, while an implied warranty guarantees that a product is fit for its intended purpose. If a product fails to meet the terms of its warranty and causes harm to the consumer, a breach of warranty claim may be pursued. An example of a breach of warranty claim is purchasing a laptop with a warranty that says the battery will last for 12 hours but only lasts for 2 hours.

Strict Liability Claims

Strict liability claims hold the manufacturer or seller of a product responsible for any injuries or damages caused by its defects, regardless of fault. This type of claim does not require proof of negligence; it only requires that the product was defective and caused harm. Strict liability claims are often easier to prove than other types of product liability claims because they focus solely on the defective nature of the product. An example of a strict liability claim could be a situation where a consumer purchases a blender that unexpectedly explodes during normal use, causing injury. Despite using the blender according to the instructions and for its intended purpose, the defect in the product directly leads to the consumer's harm, making the manufacturer or seller liable under strict liability.

Product liability claims can be complex and challenging to navigate, but understanding the different types of claims available can help you seek compensation for product damage in court. Whether you are dealing with a design defect, manufacturing defect, marketing defect, breach of warranty, or strict liability claim, it's important to consult with a skilled attorney who specializes in product liability cases. By knowing your rights and the options available to you, you can pursue the compensation you deserve for the harm caused by a faulty product.

If you need help proving product liability in court, reach out to Higinbotham & Higinbotham, PLLC , and see how they can help you fight for your rights!

The Ripple Effects Of Insurance Disputes: How It Affects Individuals And Businesses

Fri, 01 Mar 2024 00:22:17 GMT

Insurance is a crucial part of our lives. We pay for insurance to protect ourselves, our families, and our businesses from unexpected events that may cause financial damage. However, what happens when insurance disputes arise and the insurance companies refuse to fulfill their obligations? This is a situation that can have a significant impact on individuals and businesses. In this blog post, we will discuss the ripple effects of insurance disputes and how it affects individuals and businesses.

Financial Impact

When an insurance claim is denied or not paid in full, it can be a significant setback for individuals or businesses. The financial burden that arises from such situations can create challenges in meeting various expenses, potentially leading to financial strain and difficulties in managing cash flow. This can lead to missed payments, including rent or mortgage, and even bankruptcy. It is a stressful situation for anyone to be in, and it can have years of repercussions on personal and business finances.

Mental Health

Insurance disputes are often lengthy and stressful processes that can take a toll on an individual or business owner's mental health. People may feel anxious, depressed, and overwhelmed, leading to sleeplessness, loss of appetite, and, in some cases, the need for medication.

Insurance companies sometimes have many strategies to delay, deny, and frustrate a claimant's efforts. It can cause more significant frustration and stress when it appears that the insurance company is taking the opposite approach rather than helping, which may cause some individuals to lose faith in the entire system.

Reputation Damage

A company's reputation is vital in today's market, where consumers make purchasing decisions based on a company's values and performance. If a company disputes with its insurance provider, it may be seen as irresponsible, untrustworthy, and unprofessional. If negative reviews are left unaddressed and unresolved, they have the potential to cause significant harm to a business.

Legal Complications

Insurance disputes can often involve legal action, which may cause individuals and businesses to spend thousands in legal fees to get what they are owed. Unfortunately, not every person or business has the means to do it for themselves.

Engaging a lawyer to represent you implies a delicate balancing act between the costs and benefits of disputing. Besides the legal fees, the time and energy spent on legal procedures are significant. It can lead to a delay in receiving compensation, and in some cases, the compensation is still insufficient to cover the legal fees incurred.

Lost Trust

Insurance disputes can foster doubt in individuals, making them question the likelihood of receiving a fair and legitimate settlement, even if the case yields a positive outcome. This skepticism may hinder their willingness to invest both money and time in the insurance industry.

Additionally, insurance disputes can significantly affect an individual's overall satisfaction with the insurance system, leading to a sense of disillusionment with the insurance services provider. These disputes often arise when there are disagreements or conflicts regarding coverage, claims, or policy terms, causing frustration and hindering the smooth functioning of the insurance process.

Insurance disputes create ripples that impact individuals and businesses. They lead to financial burdens, mental stress, loss of reputation, legal complications, lost trust in the industry, and much more. Therefore, if you are in such a situation, it is essential to work with an experienced advocate to obtain professional assistance and guidance to maximize your potential recovery. Also, choosing an insurance provider that has proven professional behavior and good customer service can help protect you from being caught up in insurance disputes.

If you or your business has been affected by an insurance dispute, don't stay silent! Contact Higinbotham & Higinbotham PLLC to protect your rights. Together, we can hold insurance companies accountable and create a more just and fair system for everyone involved.

Understanding Product Defects And Negligence Lawsuits

Wed, 07 Feb 2024 01:18:01 GMT

As consumers, we expect the products we use to be safe and functional. Unfortunately, that is not always the case. When a product is defective, it can result in serious harm to users, leading to a potential lawsuit. In this blog post, we will explore the most common types of negligence that can lead to litigation.

Design Defects

These types of product defects occur during the initial design phase of a product when an error is made that makes the item dangerous or unusable. For example, the design of a car may be flawed, making it more prone to rolling over or causing accidents. If this defect in the product causes injury, a manufacturer may be held liable for damages, including medical expenses, pain and suffering, lost wages, and other related costs.

Manufacturing Defects

Manufacturing errors occur during the production of a product and may be limited to a specific batch of goods. These defects can happen due to negligence or equipment failure. For instance, a manufacturing defect, such as a flaw in the design or an error in the production process, may cause a product to malfunction. This malfunction can potentially result in an injury or illness to the user, jeopardizing their well-being and safety. It is crucial for manufacturers to ensure rigorous quality control measures to prevent such defects and safeguard the consumers' health and welfare.

Marketing Defects

These types of defects occur during the marketing or selling stage of a product. A marketing defect can occur in the form of incorrect labeling, insufficient instructions, or inadequate warnings. For instance, a company may advertise the use of the product in an unsafe way.

Failure to Warn Defects

This type of defect concerns a manufacturer's failure to warn customers about potential risks associated with using their product. This type of defect is closely related to marketing defects. For example, a company may fail to provide adequate instructions on how to use a product safely, leading to severe injury.

Breach of Warranty

Manufacturers are required to adhere to certain warranties or guarantees, either expressed or implied, that their products meet certain standards. If a product does not meet these standards, a manufacturer may be in breach of warranty.

Negligence in Product Liability Cases

In addition to the above types of defects, negligence on the part of a manufacturer can also lead to product liability lawsuits. Negligence occurs when a company fails to exercise reasonable care in designing, manufacturing, or marketing its products. This could include cutting corners during production, failing to test products for safety properly, or ignoring known risks associated with a product. If a consumer is harmed due to this negligence, they may have grounds for a lawsuit.

In order to protect consumers and hold manufacturers accountable for their actions, product liability laws exist to provide legal recourse for those who have been injured by a defective product. It's essential for consumers to be aware of these different types of defects and their rights in case they encounter a faulty product.

Product defects can cause serious harm to consumers and lead to lawsuits. As a consumer, it's essential to be aware of the different types of defects that can occur. Companies must take responsibility for their products and ensure that they are safe for consumers to use.

As consumers, we are responsible for staying informed and holding companies accountable for their actions. Together, we can make a difference in ensuring the safety of all consumers. So next time you encounter a defective product, remember your rights and don't hesitate to seek justice. Always stand up for your safety and the safety of others. Contact Higinbotham & Higinbotham, PLLC to start building your case today.

Common Car Crash Injuries: Understanding the Impact

Wed, 13 Dec 2023 23:09:06 GMT

Car accidents can happen in the blink of an eye, leaving individuals with various injuries. Often times, these injuries can have a significant and lasting impact on our lives. Here are some of the most common car crash injuries motorists experience.

Back and Spinal Cord Injuries

Back and spinal cord injuries are among a car crash's most serious and life-altering consequences. The spine is a complex structure, and any damage to it can result in long-term disabilities. Such injuries often occur in high-impact collisions, where the forces involved can cause the spine to twist or compress unnaturally.

Back injuries can manifest in various forms, from minor muscle strains to severe fractures of the vertebrae. These injuries may lead to chronic pain, limited mobility, and even paralysis. Spinal cord injuries, on the other hand, can have devastating consequences. Damage to the spinal cord can result in paraplegia (loss of function in the lower limbs) or quadriplegia (loss of function in both the upper and lower limbs).

Soft Tissue Injuries

Soft tissue injuries are another, more common result of most collisions. These injuries primarily affect muscles, ligaments, and tendons, but sometimes in a less permanent way or extent. “Whiplash” is a well-known soft tissue injury that occurs when a person's neck is suddenly jolted forward and backward, causing strain to the soft tissues in the neck.

While soft tissue injuries may not always be immediately apparent, they can cause long-term pain and discomfort. Symptoms may include stiffness, soreness, and limited range of motion. It is crucial to seek medical attention after a car crash, even if you don't experience immediate symptoms, as soft tissue injuries may become more pronounced over time, and harder to correct if time is not taken sooner than later to address them.

Scrapes and Cuts

Scrapes and cuts, also known as abrasions and lacerations, are among the most minor, but most common, car crash injuries. While they may seem less severe than other injuries, they can still lead to complications if not properly treated.

These injuries often result from contact with broken glass, sharp metal, or other debris inside or certain parts of the interior of the vehicle during a collision. It's essential to clean and disinfect these wounds to prevent infection. Deep lacerations may require sutures to aid in the healing process.

Internal Bleeding

Internal bleeding is a silent and potentially life-threatening consequence of car accidents. It occurs when blunt force trauma damages blood vessels or organs inside the body. Since the bleeding occurs internally, it may not be immediately apparent, and symptoms may not manifest until hours or even days after the accident.

Common signs of internal bleeding include abdominal pain, dizziness, fainting, and unexplained bruising. Severe cases of internal bleeding can lead to shock or organ failure. Therefore, it is essential to seek medical attention immediately after ANY car crash to rule out any internal injuries.

Fractures

Fractures, or broken bones, are frequently seen in vehicle wrecks, especially in high-impact collisions. Bones can fracture in various ways, including simple, compound, and stress fractures. Common fractures resulting from car crashes include broken arms, legs, ribs, and facial bones. Compound fractures, where the broken bone pierces through the skin, are particularly severe and require immediate medical attention to reduce the risk of infection.

Fractures can lead to long-term complications, including chronic pain and impaired mobility. Treatment typically involves immobilization with casts, splints, or, in some cases, surgical intervention to realign and stabilize the broken bone. And unfortunately, the impact of these injuries goes beyond the physical pain and suffering experienced by victims. Car crash injuries can result in significant emotional and financial burdens as well.

Emotional Impact

The emotional toll of car crash injuries is often less visible, but just as profound. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological issues. Experiencing or sometimes even just witnessing a traumatic event like a car accident can result in lasting emotional damage that require therapy and counseling for recovery.

Summary

When car crash injuries occur due to another driver's negligence, victims have the option to, and SHOULD seek, legal recourse through personal injury claims. Higinbotham & Higinbotham, PLLC can absolutely help you by navigating the complexities of personal injury cases and ensuring that its clients, the innocent victims, receive the compensation they deserve. Contact us to schedule an appointment today !!

Taking a Medical Negligence/Malpractice Suit To Trial

Wed, 13 Dec 2023 00:22:42 GMT

Medical negligence suits, or “malpractice” suits as they are more familiarly known, are an unfortunate reality in today's world. When healthcare professionals make mistakes, they can have serious consequences for their patients, and the patients’ families and loved ones. In these situations, many people turn to legal action as a way to seek justice and compensation for the harm they have suffered.

However, as you might suspect, most cases don't settle outside of court and instead require a trial. This happens when the two parties involved cannot reach a mutually agreed-upon resolution. In such cases, you need to be prepared for the litigation process and know what to expect.

Here are two important things you need to know if you decide to take a medical malpractice suit to trial.

The Trial May Involve Several Phases

A medical malpractice trial may involve several phases due to the complexity and specifics of such cases. Understanding these steps is crucial for managing expectations and being prepared.

The case presentation stage is the first step. This is where the plaintiff and defendant present their sides of the story, typically through opening statements, witness testimony, and evidence presentation. This phase can be lengthy as each piece of information and each witness can play a critical role in determining the course of the trial.

Next is the cross-examination stage, where each side can question the opposing party's witnesses. This is a key part of the trial as it allows each side to challenge the credibility and reliability of the other party's evidence and potentially sway the jury in their favor. Your legal team's expertise and skills are especially important during this stage because they need to ask the right questions and make persuasive arguments.

After the cross-examination, both parties will then have the chance to present their closing arguments. This is where your legal team will summarize all the evidence presented and persuade the jury to rule in your favor. A strong and compelling closing argument can greatly impact the trial's outcome since it is the last chance to appeal to the jury.

The judge will then provide instructions to the jury before deliberations begin. The jury will carefully review all the evidence presented and decide whether the defendant is responsible for medical malpractice. The judge will then announce the verdict, which can be either in favor of the plaintiff or the defendant.

Either Party Can Appeal the Trial's Outcome

Following the conclusion of a medical malpractice trial, either party may have a right to appeal the outcome. An appeal is a legal proceeding where a higher court reviews the trial court's decision. The appeal process involves thoroughly examining the trial court proceedings for any legal errors that could have affected the outcome. This does not include a re-evaluation of the facts or evidence but focuses on the application of the law.

The appellate court reviews the arguments from both sides along with the trial court record and decides whether the trial court made errors of law. If such errors exist and are deemed significant, the appellate court can reverse the trial court's decision or, in some cases, order a new trial.

All in all, this process underscores the importance of legal representation from us at Higinbotham & Higinbotham, PLLC to navigate this and other equally complex legal processes. Our experienced attorneys are well-equipped to handle medical malpractice suits at any stage, including taking them to trial.

Contact us today to discuss your case and work up a winning strategy so that you can get justice and move forward with your life.

4 Mistakes That Can Ruin a Premises Liability Case

Mon, 31 Jul 2023 21:51:44 GMT

Premises liability is a technical term to describe cases that most people call "slip and fall" injuries. Despite the everyday terminology, these cases don't always involve a fall. Instead, premises liability cases can arise whenever a property contains potential hazards. Most premises liability cases occur in stores or other public locations where patrons or visitors should be able to reasonably expect a safe environment.

Premises liability cases rely on the concepts of negligence and duty of care. If a property owner or tenant breaches their duty of care, they may be responsible for damages. However, victims in slip and fall cases can often make serious mistakes that can impact their ability to collect on these damages. If you believe you have a premises liability case, avoiding these four common mistakes is crucial.

1. Failing to Seek Immediate Medical Attention

The severity of your injuries will be one of the most important factors impacting your final settlement. Insurance companies more carefully address claims involving more severe injuries, particularly when those injuries require surgery. Unfortunately, delaying medical attention following a fall or another injury can cast doubt on the severity of your injury. For that reason, always seek medical attention immediately when you hurt yourself, especially when the injury occurs on someone else's property. Because pain from injuries can sometimes take some time to appear, you should always rely on a doctor's qualified opinion rather than waiting until you allow immediate pain to worsen. It may not seem like it at the time, but that initial examination can be a critical part of an eventual premises liability claim.

2. Misunderstanding Duty of Care

Duty of care is arguably the most important concept in any personal injury case. Duty of care refers to the basic requirement to use due care and protect those around you from harm. Property owners (or those responsible for maintenance and upkeep) have a duty of care to keep their property reasonably safe or—where that isn't possible—to provide adequate warning of potential hazards.

Victims in premises liability cases often misunderstand this important concept by blaming themselves for a fall or another injury. However, you are generally not responsible for injuries resulting from a breach of care. For example, failing to spot unmarked water from a leaky pipe does not make you responsible for a subsequent fall.

3. Negotiating Directly With Insurance Companies

When you make a premises liability claim, the property owner's insurance company will likely want to speak with you immediately. Insurance companies will want to work with you to arrive at a settlement, but remember that the insurance company isn't representing you. The property owner pays the insurance company, and the insurance company's best interests include a minimal payout.

Like most other personal injury cases, premises liability claims can be resolved with pre-trial settlements. Still, arriving at an equitable settlement will often require negotiation, and the insurance company's first offer will rarely be adequate. These large insurance companies employ massive teams of lawyers, so it's best to rely on your own attorney for negotiations rather than talking directly with the insurer.

4. Assuming the Insurance Company Will Admit Fault

From the victim's perspective, premises liability cases can often seem obvious. You may feel your case is open and shut if you have video or photographic evidence of a hazard or injury. Unfortunately, insurance companies may dispute liability even in cases where liability initially seems cut and dried. As a result, you may need more evidence than you expect to resolve your case without going to court. Calling 911 from the property after your injury is one way to help establish liability. Preserving the scene by immediately taking photographs is also a near necessity in today’s world.

Ultimately, working with an attorney as soon as possible is another important step to better guarantee that you are adequately protected throughout the entire claim process. A good attorney will immediately begin work to collect evidence, helping to minimize the likelihood that the insurance company can dispute liability and jeopardize your case. That is why it is important to remember that Higinbotham & Higinbotham LLC has the experience and knowledge to help you avoid making costly mistakes with your premises liability claim. Contact us today so we can work with you to recover damages for your injury.

4 Key Points About Personal Injury Damages

Tue, 27 Jun 2023 17:44:04 GMT

A personal injury can up-end your life in a fraction of a second, leaving you to contend with long-term pain, emotional suffering, and financial challenges. Because the party responsible for your injury or that party's insurance company is customarily unwilling to compensate you fairly as part of the normal claims process, you may need to alternatively seek damages in a court of law.

But, before you leap into the process of filing a personal injury lawsuit in pursuit of compensation, you may benefit from a basic understanding of what kinds of damages for which you might qualify, how to make an effective case for those damages, and how courts determine damage awards. Start with these four key points on the subject.

1. Types of Damages in Personal Injury Claims

Damages in personal injury lawsuits tend to fall into two primary categories: economic and non-economic. Economic damages often include medical expenses related to the injury, such as ambulance transportation, hospital stays, surgery, and ongoing medical needs. They may also include compensation for lost income.

Non-economic damages cover less tangible losses which nevertheless harm your quality of life. These losses may include pain, suffering, emotional anguish, loss of companionship, annoyance, convenience, and diminished ability to enjoy everyday life. You may need an experienced personal injury attorney to help you set the monetary value of both types of damages.

2. Injuries That May Result in Damages

A variety of personal injuries may require you to file a personal injury lawsuit in an effort to collect damages, even when the injuries don’t cause permanent disability. For instance, a fracture or torn muscle that prevented you from working for an extended period might force you to seek compensation for lost wages.

Some injuries can have a permanent negative impact on both your earning ability and your quality of life, such as a traumatic brain or spinal cord injury that leaves you paralyzed or the amputation of a limb that forces you to hire ongoing nursing care. In these cases, you may need sufficient damages to support you indefinitely.

3. Pieces of Evidence for Your Personal Injury Damage Claims

You'll need more than a thorough, well-considered list of economic and non-economic damages when you go to court to request those damages. You hold the burden of proof in demonstrating that the other party acted carelessly, that their carelessness caused your injury, and that your injury has produced the damages you seek.

If your damages include loss of income-earning ability, you may need a rehabilitation specialist or other relevant professional as a key witness who can testify that your injury prohibits you from resuming your chosen work. You may also need other experts to testify about the damage done to your quality of life.

4. Damage Award Calculations Specific to West Virginia

U.S. states vary in their policies for awarding damage claims in personal injury cases based on liability. While somewhat modified, West Virginia generally adheres to the rule of comparative fault. Under this rule, if the other party holds only a certain percentage of liability for your injury, you may receive only that percentage of your claimed damages.

West Virginia courts make an exception to this rule in cases involving dog bites. If a dog bites and injures you, the owner of the dog is normally faced with strict liability, meaning in part that this individual must pay full damages instead of a percentage of damages.

However, certain limits apply to non-economic damages in West Virginia in certain types of claims. For example, if you've sustained a catastrophic permanent injury as a result of medical negligence, you can only request up to $500,000 in non-economic damages. If you sustained a lesser injury, you can sometimes only request up to one-half of that amount in non-economic damages.

With all of this now shared with you, if an individual or organization holds liability for causing you to sustain a devastating personal injury, legal counsel from the experienced professionals at Higinbotham & Higinbotham PLLC can discuss your case with you, calculate the damages you need and deserve, and then help you pursue those damages. Don’t wait until it’s too late . . . contact us today !!

Common Causes of Car Accidents

Thu, 27 Apr 2023 20:11:00 GMT

Car accidents are a common occurrence on the roads and can have devastating consequences. Even with all of the safety features available today, every driver is still at risk of being involved in a car accident due to a multitude of potential causes. This blog explores some of the leading factors that lead to auto collisions.

Distracted Driving

Most drivers do not realize that a single moment of distraction can lead to tragic and life-altering consequences. From phone calls, texting, checking emails, eating and drinking, and even applying makeup while behind the wheel, no matter how safe the vehicle may be, there are countless distractions that take driver's attention away from the road. Distracted driving poses a serious threat to all road users, including other drivers, passengers, and pedestrians.

As a driver, it's important to remain mindful of your surroundings and to avoid engaging in any activity that could impair your ability to drive safely. If possible, put your phone on silent or on airplane mode when driving. Also, set aside some time before getting on the road to focus on personal grooming and other activities that could be potential distractions.

Speeding

High speeds clearly reduce a driver's reaction time in case of unexpected occurrences on the road, which can increase the likelihood of collisions or loss of control, especially when navigating tricky turns or sudden stops. In addition, being involved in an accident while speeding increases the likelihood of severe injuries or fatalities.

To avoid such accidents, always adhere to the recommended speed limits and be constantly and keenly aware of your surroundings. You should also keep the car's brakes and tires in top-notch condition to ensure maximum responsiveness during sudden stops or in the event emergency maneuvers may need to be performed.

Drunk Driving

According to NHTSA, thirty two people lose their lives every day in drunk-driving accidents in the United States. Alcohol consumption impairs one's ability to make rational decisions, slows down reaction time, and often decreases coordination. As a result, an impaired driver may engage in dangerous behaviors behind the wheel, such as swerving, speeding, and failing to stop at red lights or stop signs. Such actions can easily result in car accidents, impacting not only the drivers involved, but also innocent bystanders and passengers.

Always plan ahead before drinking and make alternative arrangements for transportation, such as using ride-sharing services or designating a sober driver. Taking such precautions can help reduce your chances of getting involved in a crash and/or getting arrested for a DUI.

Weather Conditions

Adverse weather conditions can significantly affect road safety, increasing the likelihood of car accidents. When roads become wet, slippery, or icy, vehicles lose traction, more easily leading to skids and collisions. Heavy rains and floods that cause water accumulation may also lead to hydroplaning, and fog and snow can reduce visibility making it harder to see the road ahead.

To stay safe during adverse weather, drivers need to adjust their driving behavior, maintain a safe following distance, slow down, and always stay alert. Also, drivers should use appropriate headlights and windshield wipers for the given weather conditions.

Road Conditions

Poor road conditions such as potholes, uneven pavement, poorly designed intersections, and inadequate signage sometimes contribute to higher risk of car accidents. When roads aren't properly maintained, drivers often choose to navigate around hazards that can damage their vehicles or cause them to lose control. Additionally, poor visibility due to overgrown foliage or poor lighting can further exacerbate the issue. If you're driving in such conditions, maintain safe speeds for such roads and watch out for debris or obstructions on the road.

No matter what the circumstances, whether they involve any of the above or otherwise, if you're involved in an auto accident due to another party's fault, it is reasonable to pursue the appropriate claim so that you can be reasonably compensated for your damages, personal property AND injury as well. At Higinbotham & Higinbotham PLLC , we do just that --- help you navigate the complex claim process and ensure you get the justice you deserve. Contact us today to schedule a free consultation for your case.

Most Common Causes of Motorcycle Accidents

Wed, 22 Mar 2023 19:03:37 GMT

Riding a motorcycle is an exciting experience, but motorcycle riders can face multiple hazards on highways and streets. Since motorcycles don't have seat belts, motorcyclists are more likely to suffer more severe personal injuries than passenger vehicle drivers if they are involved in traffic collisions. However, motorcyclists can take various measures to protect themselves while on the road. This blog post will walk you through the main causes of motorcycle accidents.

Alcohol Use

Operating a motorcycle while intoxicated is a crime and dangerous. Alcohol impairs your judgment and ability to focus on the safe operation of the motorcycle. Alcohol also interferes with balance and coordination, which may lead to temporary memory loss. The use of alcohol inhibits your ability to react properly and quickly on the road.

Intoxicated motorcycle riders can cause more fatal crashes than intoxicated drivers of large trucks, pick-up trucks, and passenger vehicles. Therefore, if you find yourself having consumed alcohol during the day’s ride, you should ensure your blood alcohol level is absolutely within legal limits when you operate any vehicle, particularly a motorcycle.

Speeding

Many motorcycle riders enjoy the acceleration rate of motorcycles, especially when riding sports bikes. However, speeding is more likely to cause serious accidents. For example, you may have to apply emergency braking pressure when turning corners, increasing the risk of a speed-related crash. Fatalities are likely to occur from any collision while speeding because seat belts and airbags are less effective at higher speeds.

Weather and Seasons

Weather changes have a major impact on the roads and can increase the risk of an accident. For example, ice, sleet, and rain can make maneuvering and controlling a motorcycle difficult. These factors can cause slippery roadways and salty icy roads that decrease traction. High winds and snow also reduce visibility as debris accumulates on city and country roads. Checking the weather forecast before riding can become a valuable habit to form.

Lane Splitting and Switching

Lane splitting is when a motorcyclist maneuvers between lines of slowly moving or stopped vehicles. This action is illegal in most states, as it reduces a motorcyclist's visibility to other motorists and hence can cause collisions with other vehicles that aren't expecting to be passed in stopped or slowed traffic. Accidents can happen even if the vehicle's driver turns and sees the motorcyclist. Lane splitting is especially dangerous if the driver of a nearby vehicle makes a left turn or switches lanes. Most drivers usually glance in the mirror before making a left turn or changing lanes. Motorcyclists can reduce the chance of a collision by constantly running or flashing their bright lights to draw the driver's attention.

Inexperience and Poor Riding Behaviors

Many motorcyclists practice in a parking lot and then hop on a bike without understanding the hazards awaiting them on the road. Younger drivers who may have false confidence and insufficient knowledge about road risks and hazards are more likely to engage in riskier driving habits than older drivers, increasing the risk of an injury or fatality. New riders must undergo training courses and understand road challenges. The riders should also begin with less challenging roads before moving on to more challenging roadway conditions. Even after gaining sufficient experience, some motorcycles are easily distracted or fail to pay attention while on the road.

To conclude, motorcycle accidents are common and can result in severe injuries. Therefore, you should find a law firm with the resources and experience to help you, such as Higinbotham & Higinbotham, PLLC, if you find yourself in this situation. Contact us for more information on what we can do for you or someone you know.

FAQs on Animal Attack Claims in West Virginia

Wed, 11 Jan 2023 21:12:06 GMT

If you or someone you know has been the victim of an animal attack, you may have several questions about how to proceed and what steps to take. In this post, we will address some of the most common questions that arise in these situations, with a specific focus on West Virginia residents.

What Qualifies as an Animal Attack?

An animal attack is any instance in which an animal, such as a dog, cat, or any other domesticated animal, inflicts physical harm on a person, or sometimes also includes property, like an animal running at large. Injury to persons may result from a bite, scratch, or any other physical contact. In worse scenarios, this injury can include even permanent physical disfigurement or psychological trauma.

What Should I Do After an Animal Attack?

After an animal attack, the first step is to seek medical attention as soon as possible. Medical intervention will ensure that a physician treats any sustained injuries and prevents infections or other complications. After that, consult with a lawyer who specializes in personal injury claims. The consultation will help to determine if you have a legal claim and what damages you can recover. Additionally, you should collect as much information about the attack as possible, such as the name and contact information of the animal's owner and any witnesses who may have seen the attack.

What Is the Liability of a Pet Owner After an Animal Attack?

Generally, a pet owner may generally be liable in West Virginia for an animal bite if the owner had knowledge of the animal's dangerous propensities. If the pet owner had no knowledge of the animal's dangerous propensities or did not act negligently, they may not be liable, commonly called the ‘free first bite.’ In addition to the pet owner, other responsible parties in an animal attack may include animal keepers, parents of minors, property owners, and proprietors. Animal keepers, such as kennels or pet sitters, may be liable if they are responsible for the animal's care or custody. Parents of minors might be liable if their minor child “owned” the animal at issue. Property owners might also be liable if they allow someone else’s animal onto their property, for example, proprietors might be liable if they knew a tenant owned a dangerous animal.

What Is West Virginia's Stance on Animal Attacks?

West Virginia also adopts a strict liability provision for personal injury cases that involve animal attacks. Strict liability means that the owner of an animal will be responsible for any injuries caused by the animal, regardless of whether the owner did anything wrong or not. However, the strict liability only applies if the animal is at large. West Virginia's strict liability statute requires that an animal owner confine or quarantine an animal for 10 days if it bites someone, unless the animal is unvaccinated and bitten by a rabid animal. If the later conditions apply, the animal custodian must confine or quarantine the animal for six months. If the owner fails to comply with the statute, the owner may also be fined or incarcerated.

What Damages Can I Recover in an Animal Attack Claim?

In an animal attack lawsuit, you may be able to recover for medical expenses, lost wages, pain and suffering, and property damage. Additionally, you may be able to recover punitive damages if the animal owner's behavior was more than merely negligent. In this situation, the court implements punitive damages to punish the animal owner for their conduct. In some cases, you may also be able to recover for other damages such as emotional distress, loss of consortium, and loss of enjoyment of life. These types of damages may be available in cases where the injuries sustained from the animal attack are particularly severe.

In any event, if you fall victim to damages caused by an animal . . . Contact us at Higinbotham & Higinbotham, PLLC, for assistance with personal injury and other types of claims throughout West Virginia.

5 Common Types of Medical Malpractice Cases

Wed, 26 Oct 2022 17:55:58 GMT

Medical professionals can be held liable for medical malpractice when they harm a patient during diagnosis, treatment, or prescription. If that is suspected, the right attorney may be able to establish such a breach of the duty of care to prove your injury was due to negligence and provide you with an opportunity to pursue a reasonable claim.

You are entitled to compensation if a medical professional's negligence has injured you or your family member. But when can you file a medical practice lawsuit? Read on to learn common medical errors that may lead to medical malpractice claims.

1. Surgical Errors

These errors cause failed surgeries, but not all surgical errors are considered medical malpractice. For a medical professional to be considered liable for a surgical error, their actions must be below the accepted standard of care. In addition, surgical errors must be preventable mistakes to be deemed malpractice.

Surgical errors include operating on an incorrect body part, leaving tools inside a patient's body, injuries to internal organs, too little or too much anesthesia, infections caused by unsterilized surgical instruments, and unnecessary surgery that could harm a patient.

If you suspect you were injured during surgery, be sure to seek legal advice as soon as possible since states have a limited time to pursue claims based upon surgical errors.

2. Misdiagnosis or Delayed Diagnosis

Misdiagnosis can also have fatal consequences; hence, a medical doctor who is reckless with diagnoses may be held liable.

Misdiagnosis happens when a physician fails to identify the condition a patient is dealing with. When misdiagnosis occurs, doctors and nurses may give the patient incorrect prescriptions. Also, a misdiagnosis can lead to delayed treatment and ultimately cause severe harm or death when a condition can quickly progress to an untreatable stage.

For a misdiagnosis or delayed diagnosis to be considered medical malpractice, your attorney should prove a competent doctor couldn't have made the same error had they been in that situation.

3. Prescription Errors

Errors involving prescriptions can lead to an allergic reaction or death. Specific prescription mistakes occur when a medical professional prescribes the wrong medicine, incorrect dosage, or incompatible medications or fails to recognize a patient's allergic reaction to a drug.

However, keep in mind that proving that a prescription harmed you isn't enough to win a lawsuit. To win an injury claim, your attorney needs to prove you wouldn't have suffered your injury had the pharmacist not made a prescription mistake.

If you believe a pharmacist's prescription mistake has injured you, you may consider hiring an attorney to represent you in a lawsuit.

4. Birth Injuries

Birth injuries are catastrophic medical errors that occur during the childbirth process. These injuries cause conditions such as cerebral palsy, head and brain injuries, and nerve injuries in a newborn.

A mother and child can sustain injuries when the medical professional fails to recognize fetal distress or perform a C-section in time. Also, the use of excessive force during delivery or shaking and mishandling a baby after birth can cause birth injuries.

If you believe a healthcare provider injured you or your baby due to negligence, work with a personal injury lawyer to pursue compensation. An attorney will prove the medical professional offered you substandard care during childbirth, causing injuries to you and your child.

5. Failure to Treat

Failure to treat occurs when a doctor doesn't treat a patient for a particular medical condition. Failure to treat is considered malpractice if it was caused by a doctor's negligence or a medical error.

Some examples of failures to treat include:

Failure to respond to or acknowledge a patient's complaints and symptoms.
Drawing conclusions about a patient's condition based on their abilities.
Failing to conduct proper screening of a patient's medical records.
Failure to correctly interpret test results.
Failure to order necessary additional tests.

These mistakes result in a doctor misdiagnosing a patient or failing to treat a serious medical condition.

If you think you have a medical malpractice case, contact Higinbotham & Higinbotham, PLLC , for legal advice and representation. We have vast experience in medical malpractice cases and will help you get the compensation you deserve.

5 Mistakes to Avoid When Negotiating Personal Injury Settlement

Thu, 18 Aug 2022 17:19:09 GMT

Even if you have proof that another party's negligence caused your injuries, personal injury negotiations can be overwhelming, especially if you lack negotiation skills and legal knowledge. As a result, some personal injury victims make mistakes that could give insurance adjusters an upper hand, leading to a lower settlement.

Therefore, to ensure that you receive the maximum settlement, you must improve and hone your negotiation skills so that you know which errors to avoid.

Below are some mistakes to avoid during personal injury negotiations.

1. Oversharing About Your Case

Though adjusters may pose as your friend, they call you to protect their employer's (the defendant's insurer’s) interests. If you overshare information about your case, you may unknowingly give information that the defendant and their insurer can use against you if your case proceeds to trial.

Therefore, avoid any communication that could jeopardize your case, like apologizing or accepting fault, discussing injuries before seeing a doctor, and giving crucial information about the accident and witnesses. Instead, remain brief, calm, and polite when communicating with adjusters, or better yet, seek advice from your attorney.

2. Failure to Hire an Experienced Personal Injury Attorney

Since most of the general public is not familiar with certain negotiation skills and experience, ensure that you have an experienced personal injury attorney by your side during negotiations. If you instead decide to negotiate alone, keep in mind that even newer insurance adjusters are trained to try to outsmart you, or you could make mistakes that weaken your case without their urging.

Since most personal injury attorneys work on contingency, you don't need money to find legal representation for your case. An attorney working on contingency receives a percentage of the settlement money when you win the case, meaning they won't demand payment if you lose, and you are never required to advance any money up front.

3. Not Knowing the Value of Your Claim

Before you file your claim, ensure that you have an estimate of what it is worth. Your attorney can determine the monetary value of your case based on the nature of your injuries and economic and non-economic damages.

You need this figure to make proper demands during the negotiation process. Also, when you know your claim's value, you can set the lowest settlement amount you deem acceptable, even though it may ultimately be subject to compromise. However, if you don't know the exact amount to demand as compensation, you are more likely to start out with or accept an amount lower than you deserve.

4. Not Having Enough Evidence

Typically, an insurance company may not agree to pay maximum compensation if your case is weak. During negotiations, the team from the insurance company listens to your claim and explains why they think you have a weak case.

If you present enough evidence to support your claim, insurance adjusters lack reasons to justify a lower final settlement. Evidence required in a personal injury case includes medical records, witness statements to prove fault, and doctor statements.

5. Accepting the First Offer

Since insurance adjusters want to gauge your negotiation skills, their first offer is always lower than what they can give as the final settlement amount. Therefore, if you accept the first offer, you lose an opportunity to get a higher settlement after several other offers and counteroffers.

To show the insurance adjusters that you are also considerate, give a counteroffer slightly lower than the amount you quoted in your most recent previous demand letter. The adjuster may then provide a higher offer, as they now know that you know what your claim is worth.

Though we all make mistakes sometimes, ensure that you don't make any when negotiating a personal injury settlement or filing your case. You can avoid most of the mistakes above if you hire an experienced personal injury attorney to help you throughout the negotiation process. For that reason, always keep in mind that at Higinbotham & Higinbotham PLLC, we boast a strong team of experienced attorneys dedicated to helping our clients get the compensation they deserve. Contact us today to schedule a consultation.

Strict Liability in a Product Liability Lawsuit

Wed, 27 Jul 2022 15:49:08 GMT

If a defective product injures you, you may have the right to sue the manufacturer for damages. However, product liability cases have many nuances that are essential to understand. Your attorneys will need to prove that your injuries resulted from using a product and that defects in the design, manufacturing, or marketing of the product contributed to your injury.

Although this point may seem academic, it's a crucial part of any product liability case. While companies are responsible for manufacturing products that are as free from defects as possible, some injuries result from unavoidable hazards due to the nature of an item.

Understanding Strict Liability

Like many states, West Virginia allows plaintiffs to seek recovery for injuries resulting from product use based on strict liability. Strict liability differs from two other forms of recovery: negligence and breach of warranty. In a strict liability case, proving that the defendant acted negligently or intentionally created a situation that could lead to harm is not necessary.

Proving a strict liability case typically involves demonstrating that a defect in a product directly contributed to your injuries. In a strict liability case, the plaintiff must also show that the defendant was responsible for the defect. In other words, defendants may not be liable if they can prove that the defect resulted from tampering, misuse, or other factors out of their control.

Recognizing the 3 Forms of Strict Product Liability

Strict liability in product liability lawsuits covers three distinct types of defects:

Design
Manufacturing
Marketing

These three categories allow strict liability lawsuits to follow a product along the chain from conception to sale. You may also notice that these three categories can cover numerous individual entities for any particular product. For example, the company that designs a product may not be the same as the company that manufactures or markets it. Even retailers or distributors may share some liability.

While many complexities go into proving that a specific defect exists, you can easily understand the difference between each category. Design defects generally cover the planning and engineering of a product. If a product contains dangerous defects despite meeting manufacturing specifications and containing clear user instructions, it's likely a good fit for a design defect case.

Manufacturing covers the next step in the chain. A company may carefully engineer a product for safety, but flaws in the manufacturing process can still lead to dangerous situations for end-users. The presence of third-party quality assurance companies may further complicate manufacturing defect liability cases by adding more potentially liable entities.

Finally, marketing defects cover a relatively wide range of issues. For example, companies may unintentionally market products in a way that makes them seem safer than they are in reality. Poor instructions that fail to warn users of hazards are another example of marketing defects. These issues may exist even in well-designed and well-built products.

Proving Your Liability Case

When pursuing a product liability case using strict liability, your attorneys must prove that a product harmed you, that one of the three defects listed above exists in the product, and that the defect contributed to your injury. You will also need to demonstrate that you didn’t misuse the product in a way that could lead to harm.

Strict liability differs from other types of liability because there's no requirement for the defendant to act intentionally. In fact, proving that the defendant should have reasonably expected a defect to be dangerous is not even necessary. Instead, the case will focus on proving the existence of the defect and its role in causing your injuries.

Determining if you have a reasonable product liability case can be incredibly challenging. Higinbotham & Higinbotham, PLLC, have experience pursuing product liability lawsuits in West Virginia and can help you evaluate, plan, and pursue your case. Contact us today for a consultation if you think a product defect may be responsible for your injuries.

3 Things You Can Do To Help Your Attorney Win Your Personal Injury Case

Tue, 21 Jun 2022 15:40:38 GMT

The bulk of civil cases filed in courts across the United States are related to personal injuries. That’s because suffering an injury due to the negligent actions of another can leave you with serious long-lasting financial, emotional, and psychological limitations, sometimes even permanently. For that reason, a personal injury lawsuit allows you to reasonably and justifiably seek financial compensation from the party that is responsible for your injury, and the help of an experienced personal injury attorney will be crucial to attempting a successful outcome of your case. What you may not realize is that there are some essential things that you can do to help your attorney win your personal injury case.

1. Be Transparent With Your Attorney

It's human nature to want to impress others by presenting oneself in the most positive light. You must overcome this urge and be completely honest and transparent with your attorney if you want to increase your odds of winning a personal injury case.

Your attorney needs to know every detail about your accident. Don't leave out information that could suggest you may have contributed to the accident or details about pre-existing medical conditions that you might not think matter. It's your attorney's job to sort through all of the information that you present to him or her and determine which details should be presented in court. When you leave out information or exaggerate details of your accident, your attorney will not be prepared to present a winning argument if your personal injury case goes to trial. It’s ALWAYS better to get them out in the open early with your lawyer, and discuss the gameplan in how to deal with it in the way that is most effective and beneficial to your side of the case.

2. Don't Talk About Your Accident

Any discussion about your accident should remain between you and your attorney. Don't discuss your situation with family members or friends with any greater detail than is necessary. Always avoid posting any information about your injuries on your social media pages, and DEFINITELY avoid talking to any representatives from the insurance company without your lawyer present while your personal injury case is ongoing.

Too many people make offhand remarks that can be taken out of context and used against them in court. In the event that an insurance adjuster or other individual needs to discuss your injuries or the circumstances of your accident, you should direct these people to your attorney as the best person to know what information should and should not be shared to preserve the integrity of your personal injury case.

3. Document Everything

Your attorney will need to present evidence in court that proves you are entitled to the damages you are claiming in your personal injury case. In order to ensure your attorney has a full arsenal at his or her disposal, you should document everything pertaining to your accident and the resulting injuries.

Take pictures of any pertinent locations or objects that were involved in your accident. Ask witnesses to provide official written statements. Maintain a written log of your day-to-day struggles, including your thoughts and emotions as you struggle through the recovery process.

These types of documents can be used by your attorney to show that your injuries have compromised your ability to engage in certain activities.

You will also need to work closely with your physician to provide your attorney with a detailed account of your medical treatment, as well as proof that you followed all of your doctor's recommendations during recovery.

Without these vital pieces of evidence, your attorney will be fighting an uphill battle when trying your personal injury case in court.

It can be challenging to navigate the process of filing a personal injury claim. These claims can take a significant amount of time and effort to resolve, so you want to ensure that you are doing your part to promote the best possible outcome.

Contact Higinbotham & Higinbotham, PLLC , for help filing your personal injury claim.

Ways to Maximize Your Personal Injury Settlement

Mon, 23 May 2022 21:47:27 GMT

In a personal injury case, the person responsible for causing the wreck pays compensatory damages to the victim. As a victim, you can claim compensation for medical treatment, income loss, pain and suffering, property loss, emotional distress, or loss of consortium. However, since no predetermined settlement amounts exist, the amount you will receive as compensation depends on the severity of your injuries and the circumstances of the collision itself. Below are some ways to appropriately increase your settlement amount.

Gather Enough Evidence

Most of the evidence you'll need in a personal injury case is in the form of documentation. These documents include medical reports and data, statements, bills, and incident reports. You can also use media such as photos and videos to demonstrate that the defendant is responsible for your injuries. For example, if your vehicle had a dashcam, you can present the footage as evidence.

Document Your Pain and Suffering

If you claim compensation for your pain and suffering, have a journal record of your suffering from the time you got the injury. Things to record include any form of pain resulting from the injury, your emotional struggles, and your medication to relieve the pain. Also, include the mental impact of the accident, like sadness and frustration.

Get Immediate Medical Treatment

Even if you feel no pain after the accident, seeking immediate treatment is crucial to protect your wellbeing and the integrity of your personal injury claim. Some injuries may seem minor but can develop into serious medical problems if not treated early. You should always seek medical treatment from any licensed health practitioner, including your family doctor, a doctor at a local clinic, or an emergency room doctor following a collision. Conversely, if you delay seeking medical treatment, the defendant, or their insurer, may take advantage of the gap in treatment to claim that the injuries are from a separate unrelated incident. In addition, medical records will form the bulk of your personal injury evidence, as you will need to prove your injury claims.

Don't Forget Possible Future Damages

Since you cannot return to ask for more money after accepting a settlement, the worst mistake you can make after a personal accident is to omit possible future damages. Therefore, if you hastily accept a settlement offer based only on the straightforward impacts like medical bills and wages lost during hospitalization, you'll not have enough money to handle future medication or other bills if your injuries take a turn for the worse.

Since future damages are hard to calculate, your attorney should provide your doctor and therapist's reports about how the injuries will affect your general wellbeing in the future. These reports should include details like your ability to work and if you need lifelong medication and future surgeries.

Hire an Experienced Personal Injury Attorney

The possibility of getting a low settlement amount is higher if you proceed to negotiate your compensation with the insurance company without an attorney. However, when you hire an experienced attorney to handle your personal injury case, you'll receive sound legal advice and a strong counter against any moves by the insurance company's adjusters and legal team to minimize your settlement or judgment amount.

Also, though most personal injury cases don't proceed to trial, your attorney will gather all the evidence and paperwork required to argue your case in court.

If you have claimed compensation after a personal accident, the worst thing is losing the case or receiving a settlement amount that's too little for your injury. Follow the above tips to ensure satisfactory compensation, no matter the type of injury. At Higinbotham & Higinbotham PLLC, we have an experienced team that will ensure that you get the compensation you deserve. Contact us today for a free case evaluation.

Mistakes to Avoid When Filing a Medical Malpractice Claim

Fri, 15 Apr 2022 18:00:51 GMT

According to a study by Johns Hopkins, over 250,000 people in the U.S. die because of medical errors every year. Medical malpractice arises when a medical practitioner injures a patient through negligence. Medical negligence is usually in the form of mistakes in diagnosis and treatment. If you are a victim of medical malpractice, here are some errors you need to avoid when making a claim.

1. Failing to File a Claim in Time

If you have sustained injuries due to medical malpractice, consult an attorney immediately. Your attorney will analyze your case and determine whether you have a claim.

In addition, your attorney will advise you on the statutory limitation for the claim you want to pursue. In medical malpractice claims, you need to perform specific actions before you file a lawsuit. Failing to satisfy these conditions within the appropriate time will render your claim null and void.

2. Hiring the Wrong Attorney

There are more than 135,000 personal injury attorneys in the U.S. These attorneys are skilled and experienced in different fields of personal injury law. Furthermore, some legal procedures and rules vary depending on your location. Therefore, it is important to vet your attorney.

Make sure you hire someone who specializes in your personal injury claim so they can leverage their previous experience to build a strong case. Ensure your attorney is familiar with the legal statutes for medical malpractice cases in your jurisdiction.

3. Oversharing Information

The statement that "anything you say may be used against you" also applies to medical malpractice claims. Don't engage an insurance agent without the presence of an experienced attorney. The insurance agent will try as much as possible to find incriminating evidence or information that will minimize your claim. A rule of thumb is never to disclose more than you should and not to exaggerate your claim.

Another mistake would be sharing information regarding your intentions on social media. Statements about your medical malpractice case on public forums will be damning to your claim.

4. Failing to Follow Your Doctor's Orders

The basis of your medical malpractice claim is proving that the doctor's actions caused your injury. One mistake many victims of medical malpractice make is not following their doctor's instructions. Even when a doctor makes an error during diagnosis or treatment, you shouldn't aggravate the situation by failing to comply with their orders.

Insurance companies often use any gaps in treatment to attack the validity of your claim. If you disregarded your doctor's instructions or missed an appointment, these mistakes will weaken your claim. In some cases, you may be held comparatively negligent.

5. Settling Too Early

Many medical malpractice cases are handled out of court. This is the most popular option because of fast decisions and low costs. However, this doesn't mean you should accept the first offer the defense throws your way.

You must undergo a proper assessment to determine the full extent of the damage. Seek a second opinion from an independent medical practitioner to eliminate any doubt. Additionally, your attorney should calculate your losses after considering your medical bills, pay stubs, and pain and suffering. Approaching a medical malpractice case with sufficient information will ensure you don't settle for less than you deserve.

Medical malpractice claims typically involve cases like misdiagnosis, failure to treat, surgical errors, prescription errors, and other related incidences of medical negligence. Higinbotham & Higinbotham, PLLC, has been in the field of personal injury law for more than 130 years. You can count on us for a solid prosecution that will lead to a fair ruling. Contact us now for a review of your claim, so we can go through all your legal options.

Tips to Avoid and Manage Skidding

Wed, 13 Apr 2022 08:04:26 GMT

A car skids if its tires lose their grip on the road. The loss of tire grip causes the car to move in directions other than the steering direction, which increases the risk of an accident. For example, your car can drift onto the path of oncoming traffic and result in a head-on collision. Below are some tips to avoid and deal with skidding.

Prevention Tips

The best way to avoid skidding-related accidents is to avoid skidding altogether. Use the following tips to prevent skidding.

Slow Down If Necessary

The risk of skidding increases with speed. Speeding coupled with dangerous road surfaces and conditions increases the risk of skidding even further. For example, friction between the road's surface and the tires decreases if the road surface is slippery. The reduced friction increases the risk of skidding. Thus, you should slow down during rainfall, snowfall, or anytime the road is wet.

The risk of skidding is also higher when you drive around curves compared to straight roads. Again, coupling speed and curvy roads increases the risk even further. Thus, you should also slow down whenever you drive around curves.

Accelerate and Decelerate Gradually

Fast acceleration or deceleration reduces traction between the tires and the road. Allow ample time to reach your desired speed and ample braking distance. Avoid circumstances that force you to brake suddenly. For example, you should not tailgate other cars since they might force you to slam the brakes and skid if they stop without warning.

Avoid Sharp Wheel Turns

Yanking the wheels sharply to either side can also cause the car to skid. Execute gentle turns to reduce the risk. For example, you should stay as close to the centerline as possible on winding roads. Staying close to the centerline reduces the turning angles and your skidding risk.

Ensure Tires Have Adequate Tread

Adequate tire treads mean water can accumulate between the grooves, but the tires still maintain their grip on the road. Use the correct tires for each season. You should especially ensure that your winter tires have adequate tread since the skidding risk increases during the winter when road surfaces become slippery.

Management Tips

Skidding does not always result in an accident. You can control the skid and regain control of the car if you know what to do and act fast. Below are some tips to help you manage a skid and stay safe.

Ease Off the Gas Pedal

Don't accelerate if your car starts to slide. Acceleration will only worsen the skid and cause the car's complete loss of control. In fact, you should ease off the gas pedal completely.

Don't Brake

Your first instinct might be to slam the brakes if the car begins to skid. Unfortunately, just as acceleration would, sudden braking will just worsen the skid. If you have to brake (for example, to avoid hitting something), do so gently.

Steer to the Skid's Direction

Don't turn the steering wheel in the opposite direction to avoid a skid. Such a move won't rectify the skid. In fact, you might worsen the loss of control and cause the car to drift further or even flip over if you are at high speed.

Instead, steer the car gently in the same direction as the skid. Do that to gain time to regain control of the car. Start to straighten the wheels gradually and straighten the car’s trajectory once you regain its steering control.

Unfortunately, you might get into an accident despite your best efforts. For example, other motorists might skid and drift into your car. Get prompt medical care, preserve evidence of the crash, and contact Higinbotham & Higinbotham, PLLC, if that happens. We will review the circumstances of the crash and help you get compensation for your damages.

Your Pharmacy Malpractice Questions Answered

Wed, 13 Apr 2022 07:59:35 GMT

Prescribed medications have helped many people live longer and healthier lives. However, when the wrong medicine is administered or the wrong dosage is given, medication can become deadly. Read on if you would like to know more about pharmacy malpractice.

What Is Pharmacy Malpractice?

Pharmacy malpractice refers to negligence from a pharmacist. As a result, it involves prescribed medications from your doctor. One of the most common types of pharmacy malpractice is dispensing the wrong medication. This can happen if the pharmacist confuses two different patients, or they mix up medications with similar names.

In other cases, you may be given the correct medicine, but you are given the wrong dosage. Similarly, the medication and dosage may be fine, but the directions are wrong. For example, they may tell you to take more pills than are needed. The directions and the pharmacist should also tell you about any warnings.

Various medications make people drowsy. They must know this before taking the medication so that they don't drive or operate heavy machinery. The pharmacist should also warn you about unique risks to you, such as potential side effects, potential drug interactions, risks if you're pregnant, alcohol interaction, and other unique risks.

What Is So Dangerous About Pharmacy Malpractice?

Pharmacy malpractice can lead to devastating and deadly consequences. In some cases, the issue may be minor. Perhaps your doctor prescribes a medication for stomach acid, but your pharmacist makes the dosage too small. This isn't dangerous, but it may not help your condition.

On the other hand, if you were prescribed life-saving medication, but the pharmacist entered the wrong dosage, it could lead to worsening health or tragedy.

Similarly, giving you a medication you don't need can lead to potential side effects and other health concerns. If the medication is a narcotic, you may even end up dealing with addictive side effects that will stick with you even after you get on the right medication.

Finally, even if the pharmacist follows the doctor's directions perfectly, pharmacy malpractice can still affect you. The pharmacist is supposed to double-check your medical history to ensure the medication isn't dangerous for you. If they suspect it is, they should tell your doctor so the issue can be corrected.

Can You Sue for Pharmacy Malpractice?

As long as you are within the time limit (three to six years from the incident), you can typically sue the pharmacist. You will need to prove negligence and show that the negligence led to an injury. The exact amount of compensation you get depends on a variety of factors. If you lost a loved one due to pharmacy malpractice, you may even be able to sue for wrongful death.

Even minor cases of pharmacy malpractice could lead to a lawsuit. In the above example with stomach acid, if your condition worsened because of the low dose (or you developed a new problem related to it like a stomach ulcer), you may be able to prove negligence.

Depending on the situation, you may also be able to sue the manufacturer of the medicine or the doctor. If the medicine had a manufacturing defect, such as wrong dosage or wrong instructions, you may be able to sue. Similarly, if the doctor made a mistake, you may also be able to sue the doctor.

Pharmacists aren't perfect, and everyone makes mistakes. However, when it comes to medication, a mistake can be disastrous and have life-long consequences or even lead to wrongful death. If you believe you or a loved one has been the victim of pharmacy malpractice, or you are ready to file your claim, contact us at Higinbotham and Higinbotham, PLLC, today.

Role of Financial Experts Witness in Auto Accident Cases

Wed, 13 Apr 2022 07:51:37 GMT

Expert witnesses can help strengthen your auto accident case by shedding light on the technical aspects of the case. A financial expert is one of the expert witnesses you may need. Below are some of the areas in which a financial expert may help you.

Lost Income

Lost income does not always involve complicated calculations. For example, you just need to present your past pay stubs plus evidence of missed days off work (a letter from the employer may suffice) if you are an employee with regular income.

However, the calculations are complicated if you don't have a regular income. That might be the case if you are an independent contractor or entrepreneur. In such a case, you may need a financial expert to help you prove lost wages. In such a case, you may need a financial expert to:

Scrutinize your past tax returns to estimate your typical income
Evaluate canceled contracts to determine how much you have lost since the accident
Evaluate your work records to determine how much work you regularly got before the accident
Asses missed business opportunities to determine how much you would have made without the accident

The expert witness will use multiple records or evidence to determine your true lost income in most cases.

Loss of Earning Capacity and Future Income

While lost income addresses past damages, loss of earning capacity involves the future loss of income that the accident might cause you. Loss of earning capacity is substantial if your injuries are long-term or permanent.

Again, the loss of earning capacity calculation might be simple if you have a regular income and your injuries are not permanent. Otherwise, you need an expert financial witness to prove these damages. Below are some factors your expert witness may evaluate for their testimony:

Your age — The younger you are, the more income you might lose in the future.
Your life expectancy — A long life expectancy increases your lost future income.
Your work — Your work and income history affect your projected future income.
Degree of incapacitation — The more incapacitated you are, the higher your loss of earning capacity is.
Your education, abilities, and skills — These factors determine alternative work you can do if you cannot resume your pre-accident work.
History of career progression and benefits — Past promotions, bonuses, and commissions may indicate the future nature of your job.

Again, multiple factors will determine your future earning capacity. The defense side might also present expert testimony to contradict your claims.

Inflation and Cost Of Living

Your auto accident claim may include both present and future damages. Apart from the loss of future income, other future damages include medical treatment, pain, and suffering. Inflation and cost of living increases may affect such future losses.

Inflation is the natural increase in price levels over time due to economic changes. Cost of living refers to the budget you need to maintain your lifestyle. All of these can affect your damages in different ways. For example:

The cost of your medical treatment might increase over time
Your rent might increase in the future
Childcare costs might increase in the future

You may need an expert witness to help you prove how all these might affect your future damages. The expert witness may review the economy, inflation history, and your lifestyle to determine the extent of the effect. That way, you may receive the real damages that you deserve.

Higinbotham & Higinbotham, PLLC, has a combined experience of over 130 years in personal injury law. We can analyze your case, determine the best approach to give it, and help get any expert witnesses you might need. Contact us today for a free initial consultation of your case.

Motorcycle Accidents and Injuries: What You Should Know

Wed, 13 Apr 2022 07:44:35 GMT

Motorcycle accidents can lead to serious injuries. The National Highway Traffic Safety Administration states that motorcyclists are 29 times more likely to die and 4 times more likely to be injured in a traffic accident than a passenger in an enclosed vehicle. Here are some of the most common injuries in motorcycle accidents and what to do if you are in one.

Common Motorcycle Injuries

Injuries sustained in motorcycle accidents range from mild to severe and may require significant medical treatment and time to heal.

Road Rash

Road rash is one of the most common motorcycle injuries. Motorcycle riders are often thrown from their bikes during an accident. If a rider skids across the road, it can tear their skin and lead to moderate to severe road rash.

Road rash might seem like a superficial injury, but you must seek medical treatment so the wounds can be thoroughly cleaned and dressed to prevent a potentially serious infection. In some cases, road rash can lead to persistent rashes and skin irritation or even permanent nerve damage in the affected area.

Head Injuries

Head and face injuries can be some of the most severe motorcycle injuries. Head and facial trauma can occur even if the rider is wearing a proper helmet and face shield, although protective gear greatly reduces the risk of serious injury.

Concussions are some of the most common motorcycle head injuries and even mild concussions require prompt medical treatment to rule out anything more serious, like a traumatic brain injury.

Biker's Arm and Leg Injuries

Arm injuries from a motorcycle accident are so common they're often referred to as "biker's arm."

Bikers who are in a collision or other accident instinctively put their arms out to catch themselves. If they're thrown from the bike, there's a good chance their forearms will hit the ground first while they brace themselves. This often results in bone fractures, sprains, and serious lacerations that require ongoing medical treatment to heal.

Leg injuries are also common, especially in accidents where the rider stays on an out-of-control bike. Legs and feet can scrape along the ground on a sliding bike, while broken leg bones and serious muscle injuries can occur if the rider's lower body gets trapped under the bike.

Mental/Emotional Trauma

Physical injuries aren't the only risks in an accident. Many motorcycle crash victims experience mental health issues as a result of the trauma of the accident. Some bikers even struggle with PTSD following an accident. Mental and emotional health issues due to accidents can require medications and months or even years of expensive treatment.

What to Do After an Accident

If you've been in a motorcycle accident, the first thing you must do is get yourself out of harm's way. Move your bike out of the way of traffic if possible, but don't put yourself in harm's way to get your motorcycle.

Once you're out of immediate danger, you should call the police to file a report. A police report will make it easier for you to prove what happened in the accident if you need to go to court later. Get contact information and insurance information from everyone involved in the accident, even if you don't think they're at fault. Contact your insurance company as soon as possible after the accident.

Don’t forget to document the scene of the accident with video and photos if possible. Include pictures of any visible injuries you sustained, as well as damage to your motorcycle or other property.

If you have any injuries, even mild ones, it's best to see a doctor soon after the crash. Some injuries might not manifest until later and having medical documentation that starts right after the accident can be helpful if you pursue a personal injury case.

When to Seek Legal Advice

Motorcycle accidents can lead to serious injuries that require significant medical care. In addition to the expenses associated with your medical treatment, you might need to take time off from work, resulting in lost wages.

Seek the advice of an experienced personal injury attorney before you agree to anything with the insurance company if you've been in a motorcycle accident and you've sustained anything more than mild injuries, such as light bruising.

Higinbotham & Higinbotham, PLLC offers free case evaluations to motorcycle accident victims in West Virginia. If you've been injured in a motorcycle accident, contact us today to schedule an appointment to discuss your case.

Examples Of Errors That Can Trigger Laboratory Medical Malpractice

Wed, 13 Apr 2022 07:04:45 GMT

Doctors and hospitals are frequent targets of medical malpractice claims. However, any medical professional or facility can be guilty of medical malpractice. For example, errors that originate from a medical laboratory can trigger malpractice claims. Below are a few examples of such errors.

Testing Delay

Your health might suffer in several ways if a laboratory delays the necessary test. Below are some consequences of a test being delayed:

You won't get your test results and start your treatment in time, which can allow your medical condition to fester
Your test samples might get stale and produce the wrong results

For example, blood specimens should not sit for many hours before centrifugation. Otherwise, the test results might become inaccurate.

Wrong Test

Medical malpractice can also arise if the laboratory conducts a test that the doctor did not order. Consider a case where a doctor orders glucose and oxygen levels in the blood. However, the laboratory tests for pathogens, such as bacteria.

In such a case, the doctor won't get the results they wanted because the results won't reveal your glucose or oxygen levels. The inappropriate results might lead to a delay in your diagnosis, and the doctor might order another test to get the right results. All this time, your medical condition will only continue to worsen.

Result or Sample Mix-up

Problems can also arise in the laboratory if someone switches your samples or results. Say a laboratory has two blood samples – one to test for pregnancy complications and another for a viral infection. A mixed-up means neither party will get their accurate result. Again, that might lead to a delay or wrong treatment, which can trigger further medical complications.

Sample Contamination

Contamination of test samples with foreign substances is another possible cause of laboratory medical malpractice. Contamination might occur if:

Samples from different patients accidentally mix. An example of this is if two blood samples mix.
A sample from a patient mixes with a foreign substance that is not a necessary a sample. An example is if water spills onto your blood sample.

Laboratory technicians must keep samples isolated and secure to prevent contamination. Laboratories have sample handling and storage procedures to ensure that is the case. Anyone who doesn't follow the laid down procedures might be guilty of medical malpractice if contamination occurs and cause your medical condition to worsen.

Interpretation Errors

Some laboratory tests require interpretation before they get back to the doctor. For example, a test that requires a laboratory technician to examine a blood sample with a microscope may require the technician to interpret the results. In such a case, the interpretation's accuracy will determine the result's accuracy.

Sample Loss

As previously mentioned, proper handling and storage of laboratory samples are necessary for prompt and accurate tests. A laboratory that loses track of a sample can trigger multiple effects with the loss.

Say you produce a blood sample for an overnight test and then go back home. You have to schedule another test if the laboratory loses your sample. That might be disastrous for you if you have a medical condition that requires prompt management.

Inaccurate Records

Lastly, a laboratory might also err when it does everything right, from sample collection to testing, but then fails to record the test properly. Such a mistake might arise due to miscommunication between laboratory technicians. An example is if one technician reads something out but the second one transcribes something different.

You deserve compensation for your injuries after a medical malpractice, irrespective of the person responsible. Higinbotham & Higinbotham, PLLC can help you assess the situation, determine the liable party, and help you recover your damages. Contact us for a free initial consultation to evaluate your case and determine the way forward.

How Experienced Lawyers Ace Opening Statements During Litigation

Wed, 13 Apr 2022 05:56:04 GMT

A lawyer with litigation experience is best for your case if it goes to trial. The litigation experience will help the lawyer deliver an opening statement that sets the right tone for the rest of the trial. Below are some of the tactics experienced lawyers use for their opening statements.

They Know How to Speak

Experienced litigation lawyers know what to say during opening statements. This knowledge is critical since it shapes the jury's or judge's perception of the case, client, and lawyer right from the state. For example:

Many lawyers speak in the present tense to create a sense of emergency and hold the court's attention.
Experienced lawyers know how to choose their words or phrases so that they don't overuse some words and bore their listeners.
The lawyers know that the opening statement is for facts and not arguments.
Experienced lawyers know how to summarize major points in single sentences.
The lawyers know what to avoid; for example, they don't promise roadmaps to the court.

Few people, other than lawyers, know what to say and how to speak during the opening statement. An average person might tell stories and go off-topic – effectively losing their listeners.

They Know How Long to Speak

A good opening statement is long enough to create a case overview but short enough not to explain everything or lose the listeners. Experienced litigation lawyers know how long to give their opening statements. The lawyers know that:

The opening statement's length varies by case.
Every word should matter, and every statement should have a purpose.

According to the American Bar Association, a good opening statement should last 10 to 30 minutes.

They Know the Best Outline to Use

The opening statement's strength lies in what you say and how you say it. For example, many lawyers use outlines that guide them on what to stay at every stage of the statement. An outline can also help you make the opening statement into a story, which is helpful. After all, stories are inherently more engaging than speeches.

Here is an example of an outline a lawyer may use:

Client, lawyer, and defendant introduction
Overview of accident facts
Overview of injuries and treatment
Mention of adverse medical examination
Mention of lawyer's expectation to the jury

Lawyers don't have a standard outline; they adapt it using their experiences and skills. Many lawyers understand the benefits of a customized outline.

They Know How to Engage With the Jury

For the court to believe the plaintiff's case, they must believe in the lawyer's credibility. An experienced lawyer knows how to engage with the court to create a rapport and develop credibility. For example:

A good lawyer will not oversell their case during the opening statement.
An experienced lawyer starts with the facts that are not in contention.
Trial lawyers know that they need to speak and not read their opening statements.

A plaintiff who loses the court, specifically the jury, might struggle to regain their trust after the opening statement.

They Have the Right Tools

Lastly, the lawyers have the tools they need for the case; the average person lacks such tools. For example, the lawyers may:

Use technology, such as power-point presentations, to hold their listeners' attention.
Use exhibits to demonstrate key facts.
Use easels to note key points of their cases.

The defendant and the court usually have a say in the number and nature of tools the plaintiff's tools. The court will decide on these issues before trial. An average person might not even know which tools the court might not allow.

Higinbotham & Higinbotham, PLLC has decades of experience with personal injury cases. Contact us for a consultation to determine how to pursue your case.

Proving Negligent Hiring and Retention in an Injury Claim

Thu, 14 Oct 2021 17:44:13 GMT

You can use negligent hiring and retention to hold an employer liable for damages if their employee causes you injury. Below are some things you have to prove to win your claim.

The Accused Employs the Person Who Caused You Harm

You also need to prove an employer-employee relationship between the person who caused you harm and the person you have accused of negligent hiring and retention. Note that an employer-employee relationship doesn't exist just because a person seems to be working for another.

For example, a plumber installing a toilet in an office building isn't necessarily an employee of the office. The plumber may be an independent contractor hired specifically for the toilet service. Look for the following when proving your case:

The worker draws a regular salary from their employer
The employer regulates the worker's working tools, conditions, and place
The worker signed an employment contract with the employer

A personal injury lawyer can help you prove the employer-employee relationship when appropriate in pursuing a particular claim.

The Employee Caused Your Injury

As with other injury cases, you must prove that another person caused your injury or damages. You can use various forms of evidence such as:

Expert testimony that connects the employee with your injury
Eyewitness testimony that confirms your version of events
Video or photograph footage that shows the employee causing your injury

You can also use different legal theories to prove why the employee is responsible for your injury. For example, you can use strict liability theory to hold the employee liable for your injuries without proving that they did something wrong.

The Employer Negligently Hired or Retained the Employee

Another step is to prove that the employer hired or retained the wrong person for the job, knew or should have known about it, and the employer's actions lead to your injury. These steps are crucial since collectively it establishes the link between the employee's and employer's actions.

Below are some things you can use to prove an employer's negligent hiring and retention.

The Employee Doesn't Have the Necessary Training and Qualifications

Some jobs require specific training and qualification. The training and certification equip you to do the job correctly and properly. For example, a commercial truck driver must have a Commercial Driver License (CDL). Thus, a trucking company that hires a driver without a CDL is guilty of negligent hiring.

The Employee Doesn't Have the Relevant Certification or Licensing

Some professionals also require licensing to ply their trades. The government uses licensing to confirm that a person has met the requirements for their profession.

For example, in many states, you don't become a plumber simply by going to plumbing school – you also need a state license to work independently. Thus, hiring a plumber without the necessary license makes an employer guilty of negligent hiring.

The Employee Has Been Negligent Multiple Times

An employer must ensure they have the right employee even after hiring. For example, employers should:

Provide ongoing training to their employee
Discipline errant employees
Let go of employees who refuse to follow safety rules

Say an employee has caused multiple accidents in the past due to intoxication, but they continue to show up to work drunk. If such an employee causes you injury, you may be able to hold the employer liable for your damages based on negligent retention.

The Employer Knew About the Employee's Propensity to Harm

Lastly, as briefly mentioned above, you must prove that the employer knew that their employee was not fit for the position. You can prove either that the employee specifically knew about the danger or should have known about it.

For example, an employer who checks an expired license but still hires the holder is guilty of negligent hiring. An employer who doesn't do their due diligence and fails to confirm the validity of the license is guilty of the same thing.

Higinbotham & Higinbotham, PLLC, has decades of experience with personal injury law. We can help you prove negligent hiring and retention or any other injury claim. Contact us for a free initial consultation to review your case and determine how to proceed.

Potential Causes of Nursing Malpractice

Sat, 18 Sep 2021 00:26:34 GMT

Hospitals are common targets of medical malpractice cases. However, individual medical practitioners, even beyond the doctors, can also be guilty of medical malpractice. For example, nurses play critical roles in patient care, and their negligence can lead to serious patient injuries as commonly as anyone else. Below are some of the ways nurses' actions can lead to medical malpractice.

Patient Neglect

Patient monitoring is one of the core duties of nurses. The specific duties may include:

Keeping track of the patient's vital signs, such as heartbeat, by checking on relevant instruments
Visually and physically assessing the patient for critical changes
Responding to the patient's needs

A nurse who doesn't monitor their patient may be liable for malpractice. In such a case, you have to prove that:

You were under the nurse's care
The nurse failed in their duty to monitor your condition, failing to meet the standard of the case prescribed
The nurse's failure caused your injuries

Expect the liable nurse to deny your claims — they might even blame other parties (such as a doctor) for your injuries. You WILL need an expert witness, who provides a ‘Certificate of Merit’, in order to even get an opportunity to prove the nurse's liability.

Improper Documentation

Documentation plays a big role in nursing care. For example, nurses use documentation to:

Evaluate patient progress
Communicate with other parties, such as doctors and patients
Ensure continuity of care irrespective of shift changes

All of these duties are possible only if a nurse is meticulous and accurate with his or her documentation. Improper documentation can lead to serious consequences. Consider examples where a nurse:

Records errors after taking a patient's vitals
Fails to record a patient's change for the worse
Uses incorrect abbreviations that other healthcare professionals don't understand

All of these issues can lead to different consequences, depending on the nature or condition of the patient. For example, your doctor might not prescribe appropriate medication if the nurse doesn't document your worsening condition.

Improper Use or Removal of Instruments

Healthcare professionals rely on multiple instruments to monitor and care for patients. Nurses are responsible for using and discontinuing many of these instruments used. For example, a nurse may be responsible for:

Inserting and removing a catheter
Inserting and removing intravenous (IV) lines
Drawing blood for laboratory tests

Improper handling of these routine procedures can cause injuries for which the relevant nurse might be liable. For example, the nurse should deflate the balloon anchoring the urinary catheter during catheter removal. Failure to do this can cause further injury to the patient's urinary system.

As with other cases, the court won't just take your word for it that the nurse caused your injury. You need to compare the nurse's actions to the standard of care or standard operating procedure proscribed for such cases. You only have a claim if the nurse's actions fell below the applicable standards.

Improper Positioning During Surgery

Operating room nurses are even responsible for the proper positioning of patients. Proper positioning depends on various factors, including the patient’s:

Age
Bodyweight
Medication
Anesthesia requirements
Type of surgery

Improper positioning can lead to temporary or long-term injuries. For example, placing a patient in the wrong position can:

Exert undue pressure on a body part, leading to nerve damage
Impede the patient's respiratory functions
Restrict blood flow to a specific body part

The operating room nurse might also be liable for your injuries if you have suffered improper positioning injuries. Again, the mere occurrence of improper positioning doesn't constitute medical malpractice. You ALWAYS have to prove that improper positioning, and not some other thing, caused your injuries.

To conclude, you hopefully will never suffer from any medical provider’s negligence any time you seek medical care. But, because none of us can eliminate all of the risks that are faced, we must always be aware and mindful that it sometimes occurs. For that reason, Contact Higinbotham & Higinbotham, PLLC if you believe you have suffered from someone committing medical malpractice. We are always prepared to review your case and help you recover your damages in the event your action is viable.

When Can You Sue a Hospital for Medical Malpractice?

Fri, 16 Jul 2021 15:58:47 GMT

Medical professionals, such as doctors, are common defendants in medical malpractice cases. However, hospitals can also be liable for medical malpractice. You just need to know when to target the hospital, medical professional, or any other party with your claim. Below are some circumstances in which a hospital may have to pay for medical malpractice.

The Liable Party Is the Hospital's Employee

You may hold the hospital liable for your damages under the legal theory of ‘respondeat superior.’ Respondeat superior makes an employer liable for its employee's negligent actions if the employee acted within the scope of their job with the employer. In this case, you need to prove that:

The person who caused your injury was the hospital's employee
The employee was on the clock
The employee was within the scope of their employment

The first element is not always to prove if a doctor's negligence causes you injury. Most doctors work as independent contractors and not employees of hospitals. In such a case, you must prove an exception that makes the doctor the hospital's employee.

You may not have the same problem if another person, other than a doctor, causes your injury. For example, nurses, anesthesiologists, and medical technicians are typically hospital employees.

Note that a doctor's contract with the hospital does not solely determine whether or not he or she is a nonemployee. The working relationship between the two parties also matters. For example, a court may agree that an employer-employee relationship existed if:

The hospital requires the doctor to work on a specific schedule
The hospital determines the doctor's fees
The hospital determines the doctor's vacation schedule

Do not assume a doctor is automatically a nonemployee. Consult a medical malpractice lawyer and let them unearth the doctor's employment status with the hospital.

The Malpractice Occurred in the Emergency Room

Most hospitals have forms that establish that their doctors are not their employees but rather independent contractors. The hospitals use these forms to inform patients about the hospital-doctor relationship during normal medical consultations. The hospitals use the forms to absolve themselves of liability in case of a doctor's negligence.

However, patients with medical emergencies rarely have the time or ability to read such forms. Thus, you can hold the hospital liable for ER medical malpractice even if the negligent party is not the hospital's employee.

The Hospital Knew of the Non-Employee's Incompetence

Lastly, you can also hold the hospital liable for your injuries if the negligent person is a nonemployee, but the hospital knew of their incompetence, a form of ‘negligent entrustment.’ In this case, you sue the hospital for allowing an incompetent person to work at the establishment and who causes you injury.

For example, you can use the negligent hiring and retention theory to explain the hospital's liability. An example is if a hospital fails to conduct due diligence during recruitment contracts an unlicensed doctor. Another example is if a hospital continues to operate with a habitually intoxicated doctor.

Note that you may not have to prove the hospital's actual knowledge to succeed with your claim. Constructive knowledge, where you only have to prove that the hospital should have known about the incompetence, may be adequate. For example, the hospital cannot defend itself by claiming it did not know your doctor had a suspended license — the hospital should know.

Medical malpractice cases tend to be more complicated than other personal injury cases. Medical malpractice also follows standards set by completely different laws and regulations. Thus, an experienced lawyer's help can boost your chances of medical malpractice damages. If you think you may have a medical negligence claim, contact Higinbotham & Higinbotham, PLLC to help you explore such possibilities. As always, you can rely on our legal skills and decades of experience. We look forward to speaking with you soon-

Five Reasons to Create a Will

Fri, 02 Jul 2021 05:19:58 GMT

When people do not leave a final will and testament, problems often arise when they pass on. Family members may disagree with others’ interests in the estate’s assets, ownership of money and properties can be disputed, and there end up being a struggle to pay off accumulated debt. When the time comes, you want to have left a will behind for your family so these problems are not as likely to arise. Here are five reasons to create a will:

1. Name Who Receives Your Belongings and Property

One reason people make a will is to designate who receives their properties when they pass on. Writing a will allows you to divide everything you own between your designated heirs. You can give everything you own to one or more parties, or even list the people who are not to receive anything from your estate. Your state government will decide who will receive your belongings if you do not list anyone in your will. However, letting the government split your properties can cause strife among family members that are not happy with their inheritance.

2. Name a Caretaker for Your Children

If you have children or other dependents who cannot take care of themselves, you can list people you trust to care for them. A family member, close friend, or another person can serve as the caretaker of such individuals. You can further name the assigned caretaker to be able to be in charge of providing and caring for your such dependents until they reach the legal age or capacity to take care of themselves. If a will does not state who the caretaker is, the alternative may be that the government has the option to choose someone.

3. Name a Caretaker for Your Pets

If you have a pet, you should list someone who can take care of them when you are gone. You cannot leave assets for your pet, but you can leave funds for the caretaker to use for your pet.

4. List an Executor for Your Will

An executor is a person who follows the listed wishes of your will when you move on. An executor also takes care of any property and other estate assets that you leave behind. Some tasks of an executor may include the following:

Manage the monetary affairs of your estate
Sell leftover property
Get a copy of your will and file it in the Probate Court
Distribute the contents of your testament to friends and family
Obtain copies of your death certificate
Inform banks, government agencies, and credit card companies of your passing
Create bank accounts to handle bills and ongoing payments
Maintain appropriate communication with the County Clerk and the beneficiaries

The job of an executor is no easy task, so you want to choose someone who can carry out your wishes. If you do not list an executor, anyone, or even the government, may end up being appointed or designated.

5. Provide Burial Instructions

Finally, a will serves as a list of instructions for how your family should arrange for your final rest. You can leave the information concerning the location of your burial or other remains, how you want your family to bury you, and last requests for your family to follow. Leaving burial instructions does not guarantee that your family will comply with your wishes, but they can serve as guidelines for your family members when the time comes.

To conclude, putting a will together can be a daunting task, but it doesn’t have to be if you seek out the proper legal assistance. You may choose to list lots of information and have to get plenty of records in order. So, if you are thinking of making a will to leave things in a certain way that they will continue to be enjoyed into the future, consult an experienced lawyer that will see that your final will is made legal and handle all foreseeable problems that can arise without it. Contact us to schedule a consultation today.

Role of Adjusters in Auto Accident Claims

Fri, 21 May 2021 15:11:03 GMT

When you file a car wreck or collision claim, you will immediately start dealing with the other driver's insurance company and adjuster(s). It is to your benefit to learn more about the role these adjusters take in these types of cases before your communication begins. Below are some roles of auto insurance adjusters.

Accident Investigations

One of the primary roles of the adjuster is to verify the facts of the accident. The adjuster will carry out some investigations for the verification. For example, the adjuster must confirm:

The identities of the people involved in the accident
The identities of the vehicles involved in the accident
The location and time of the accident
The cause of the accident

In doing these investigations, the adjuster may:

Physically inspect your car
Talk to witnesses
Visit the accident scene

These investigations are necessary because auto insurance fraud costs the insurance industry a lot of money every year. For example, some people stage accidents and then file baseless accident claims. The adjuster must verify that the accident occurred as you claim.

Liability Determination

The adjuster must also determine who is the liable party. In a third-party claim (you versus the other driver), the other driver’s insurance company can only consider agreeing to resolve your claim if their insured driver is responsible for the accident. In this regard, the adjuster may consider the following:

Preliminary fault determination according to the police report
Traffic tickets the police might have issued to those involved in the accident
The cause of the accident

The adjuster might reject your claim if they suspect that you or a third party was responsible for the accident. For example, consider an accident involving three motorists A, B, and C. If motorist A files a claim against motorist B, the adjuster might reject the claim if they feel that motorist C caused the accident.

Coverage Application Determination

Even if you file a claim against the correct party, the adjuster will only approve your claim if the defendant's policy covers the accident and its particular circumstances. So, the adjuster must review their client's policy before approving your claim. Note that auto insurance coverage excludes some risks. For example, standard auto insurance coverage excludes:

Business use of the car
Intentional damages or injuries
Damages or injuries sustained when racing
Damages that an excluded driver might cause

Consider an example where a motorist runs a red light and crashes into your driver's door. Once you file your claim, the adjuster finds out that the driver was using their car to deliver their business products to clients. The adjuster might reject your claim if the driver has personal car insurance.

Damages Calculations

If the adjuster determines that you have a valid claim, their next step is to calculate your damages. The adjuster will consider things like:

Your monetary damages, such as medical bills, lost wages, and cost of car repair
The strength of your evidence, such as eyewitness testimony
Your demand and its amount requested
Typical awards for similar cases

Sometimes, the stronger your case is, the greater your recovery may be. For that reason, it is extremely important that you are able to prove to the adjuster that you understand your claim's value and you can prove what it is.

Settlement Negotiations

Even if the adjuster determines your case is worth a certain amount or within a certain range, don't expect them to offer you that, or any other reasonable amount, right away. The adjuster understands that claim settlement is a negotiation process. In fact, expect the adjuster's counteroffer to be lower than your demand. Arguments made in response to a reasonable demand often include:

Your injuries and damages are not as serious as you claim
Some of your injuries were preexisting
You contributed to your injuries

Again, your best course of action is to refute the adjuster's claim with evidence.

Hopefully, your negotiations with the insurance adjuster will yield the settlement you deserve. Remember, Higinbotham & Higinbotham, PLLC handles these types of situations every day on behalf of its clients so they don’t have to. Contact us for a free initial consultation to review your case and determine the best way to move forward and produce the greatest benefit for you!!

Personal Injury Journals: Know What to Document for Your Records

Wed, 05 May 2021 19:38:29 GMT

Anyone who suffers a major personal injury will face a long road to recovery. Not only will you deal with the physical aspect of the injury for months or even years, but your personal injury lawsuit could take a while to either be resolved or alternatively get prepared for trial.

When you eventually reach the point where you need to go through mediation or litigation, you'll need to recall what your injury was like when it first happened and how the recovery process went. That's why you should keep a journal that documents your injury and recovery.

Make Frequent Dated Entries

Make dated entries for each time you document your injury in your journal. The entries should be fairly frequent during the initial days following the injury. However, you can eventually move to less frequent weekly entries as the injuries stabilize or as you reach certain recovery plateaus. If you make weekly entries, try to pick a specific day of the week to make an entry in your injury journal so that you do not forget and it becomes more of routine.

Use a Diagram to Track Pain

The best way to identify where you have pain is to use a diagram of the body and make notes on top of it. Include this diagram with each journal entry, and use letters tied to a key that you can create to identify the type of pain that you experience by placing the letter over the body part affected.

For example, you may want to place a T on a particular side that throbs, N on a hand that feels numb, or an S on a knee that has sharp pain. Use the same key for each entry to keep track of how the pain has evolved during your recovery.

You can then write a number next to that letter to describe the level of pain you have. Use a basic scale between 1 to 10, where a 1 is slight pain and a 10 is the worst pain you can experience. You have no need to write a 0 if you have no pain, because if you use the system suggested above, you will not identify pain-free areas.

Track Medications

Pain can sometimes be masked by the medications that you take. That's why you should write down the current mediations that you take at the time of the entry. For example, this can help explain how a pain reliever may diminish your pain or if your pain numbers increase when you stop taking it. A log of your medication will also help confirm that you took medications provided by your doctor and the ways the dosage has changed over time.

Write a Short Narrative

While the diagram and medications can paint a good picture, you can also write a short narrative for each day that describes your injuries. Try to note any activities that have triggered pain and made you feel worse. This can help you remember what your physical activity was like on any given day of your injury if you are asked to recall how you felt. Also, write about any issues with limited range of motion that are hard to describe using the diagram. Also, keep track of how it has affected your quality of life and mental health. For example, maybe you were not able to play with your kids because your injuries were so bad, or you missed out on a family bike ride. Also, write any emotions that you feel as a result of the accident. Do you fear attempting certain activities, experience depression about your condition, or other things of that nature? These things can play into how much compensation for pain and suffering you may receive and should not be omitted.

Contact Higinbotham & Higinbotham, PLLC, if you have any other questions about what else to include in your personal injury journal.

How Age Affects Personal Injury Cases

Mon, 12 Apr 2021 18:20:57 GMT

If you have a personal injury case, you should understand all the factors that can affect your case and compensation. That way, you can use the factors to your advantage to maximize your chance of winning and getting compensation.

Age is one of these factors, and it can affect the following aspects of your injury case.

Claim Filing

An adult injury victim can file a claim without further reference to anyone. However, a minor victim cannot file an injury claim. Instead, the child's parent or legal guardian has to file the claim on behalf of the child. The parent or guardian also acts on behalf of the child during the negotiations or in any subsequent lawsuit.

Settlement Approval

As an adult, you can negotiate your injury claim and approve the settlement without consulting anyone. A guardian or parent acting on behalf of an injured minor cannot do the same thing. Instead, the representative requires the court's approval to accept any settlement offer even after the guardian's approval. The court provides its approval or denial via a guardian ad litem.

Comparative Negligence Application

Liability is one of the factors that determine injury compensation. Plaintiffs and defendants sometimes share liability in injury. West Virginia uses modified comparative negligence laws to determine compensation in such cases. Modified comparative negligence means you can only recover damages if you are at most 49 percent responsible for the accident.

However, the law is unlikely to use comparative negligence laws in the case of minors. The younger the child is, the more unlikely the court is to find that their actions contributed to the accident.

Say someone slips and falls when running on a slippery shopping floor. If the victim is an adult, the court may agree that they contributed to their injury by running. The same determination is unlikely for, say, a six-year-old child. Thus, for the child, the negligent party is likely to compensate for the entire damages.

Damages

Age also indirectly affects the calculation of damages. Here are some damages that age is likely to affect.

Lost Income

You might be unable to work and generate your usual income if injured. You deserve compensation for these losses. However, many children are not engaged in income-generating activities. Thus, they won't receive compensation for lost wages.

Lost Earning Capacity

Lost earning capacity applies to future losses related to your inability to generate income. The damages apply to those who suffer permanent injuries or don't recover fast. For a permanent injury, your remaining lifetime determines how long your injury will affect your income. Thus, a young plaintiff with a long working life ahead of them is likely to get substantial compensation.

Reduced Quality of Life

A permanent disability can affect your quality of life for the rest of your life. For example, partial paralysis might make it difficult for you to play with your kids or enjoy your hobbies. Again, younger plaintiffs are likely to get more compensation for reduced quality of life than their older counterparts are.

Jury Perception

Lastly, age also affects the jury's perception (and hence determination) during a trial. For example, most jurors are more sympathetic to the very young or the very old. The sympathy is likely to affect some damages, such as pain and suffering damages. For example, a toddler or octogenarian with a broken limb is likely to attract more sympathy than a middle-aged person is.

Experienced lawyers understand how age, plus other factors, affects injury cases. Such a lawyer will know what to do to maximize their client's compensation. Higinbotham & Higinbotham, PLLC, has nearly 100 years of combined experience in personal injury law. Contact us for a free initial consultation to determine the best path to the compensation you deserve.

Pedestrian Accidents: 4 Surprising Facts You Should Know

Thu, 21 Jan 2021 16:19:43 GMT

Pedestrian accidents are unfortunately very common in the United States, and in 2017 alone, 5,977 pedestrians were killed and an additional 137,000 were injured in pedestrian-vehicle accidents. For this reason, people should learn their local pedestrian accident laws and understand what to do if and when they are ever injured by a moving vehicle.

Learn four surprising facts about pedestrian accidents that people should know.

1. The Vehicle Driver Is Not Always at Fault

Many people believe the common misconception that the pedestrian always has the right-of-way when on the road and that if they are hit by a vehicle driver, then the vehicle driver is automatically to blame. However, pedestrians can be determined wholly or partially at-fault if they were not following local pedestrian laws or ordinances when the auto accident occurred.

Typically, if a pedestrian is crossing the road at a crosswalk when a vehicle hits them, the vehicle driver is at-fault for the accident. However, if the pedestrian is instead jaywalking, walking on the road instead of the sidewalk, or violating any other city pedestrian law, then the pedestrian could be solely or partially at-fault for the incident.

Most states use a comparative negligence system when determining who is at fault for an injury. In a state that uses this system, a judge can split automobile accident liability between the two parties involved in the accident and award monetary compensation based on this split.

For example, a judge can determine that an automobile driver is 80 percent at-fault for a pedestrian accident, while the pedestrian is 20 percent at-fault. This split would allow the pedestrian plaintiff to obtain 80 percent of the compensation they would be awarded if they were not determined at-fault for the accident at all.

Contributory negligence usually does not allow a personal injury complainant to receive monetary compensation if they performed any actions that contributed to their injury.

2. The City Could Also Be Liable for Your Injuries

In certain circumstances, the city itself can be at-fault for injuries you sustain in a pedestrian accident. If a broken traffic light, missing stop sign, or ill-placed crosswalk likely contributed to the pedestrian accident, then the city may be partially or fully to blame for the accident.

The government has a responsibility to keep roads safe for drivers and pedestrians alike. A person injured in a pedestrian accident that could have been avoided if the city had not neglected their duty can seek compensation for their injuries from the city.

Your attorney can help you determine whether you have grounds to file a personal injury claim against the city.

3. A Driver Does Not Have to Hit You to Be Liable for Your Injuries

Most people understand that they have a personal injury claim against a driver whose vehicle collides into them and causes serious injury. However, many people do not realize that they may also have a personal injury claim against a driver if their vehicle does not hit them, but instead the pedestrian sustains serious injury while trying to avoid being struck.

In this instance, the driver's recklessness or disregard for the rules of the road still led to the injury, whether the vehicle struck a pedestrian or not.

For example, if you cross a road at a crosswalk and you then injure yourself in an attempt to avoid collision with a vehicle running a red light, the driver is likely at-fault for the pedestrian accident. You can often file a claim against them to obtain compensation for your injuries.

4. Intoxicated Pedestrians Are Not Automatically At-fault

An average of one-third of all fatal pedestrian crashes involve a pedestrian with a blood alcohol concentration (BAC) of .08% g/dL or higher. Also, many more intoxicated pedestrians are seriously injured when struck by vehicles every year.

Many intoxicated pedestrians involved in pedestrian collisions never seek damages from the vehicle driver that collided into them. This is usually due to the belief that their intoxication during the collision automatically makes them at-fault for the accident.

However, if you live in a comparative negligence state, your intoxication may only make you partially at-fault for the vehicle collision — especially if you were following all pedestrian laws when you were struck by the vehicle. In fact, if the vehicle driver recklessly sped, ran a red light, or was also intoxicated when they struck you, the driver may be determined to be more to blame for the accident than you were.

Pedestrian accidents are, unfortunately, quite common. Everyone should understand pedestrian accident laws, including these five surprising facts, and forget misconceptions they may have.

Contact the experienced personal injury attorneys at Higinbotham & Higinbotham, PLLC, for help with your pedestrian accident personal injury claim today. We look forward to meeting with and assisting you during this often stressful and emotional time.

Product Liability Lawsuits: What Plaintiffs Should Know

Thu, 28 May 2020 10:11:01 GMT

Most U.S. products must conform to the safety standards maintained by the Consumer Product Safety Commission (CPSC). If you have sustained injuries or damage due to a defective product, you may deserve compensation for your medical expenses, lost wages, pain and suffering, and other losses.

A basic understanding of the legal requirements, descriptions, and strategies involved in pursuing a product liability case may help you obtain the compensation you need from a court judgment or out-of-court settlement. Here are some key considerations for product liability plaintiffs.

What Counts as Product Liability?

The concept of product liability may apply to any manufacturer or seller held responsible for products that injure or damage buyers. Federal law does not address product liability; instead, individual states have adopted their own legal standards and procedures for handling product liability lawsuits and judgments.

In West Virginia, plaintiffs may bring product liability lawsuits that fall under any of three categories: strict liability, negligence, and breach of warranty. Strict liability simply requires you to prove that the product in question contained a defect, without also establishing fault on the part of the manufacturer.

If you base your product liability case on negligence, you must show that the injury occurred due to a flaw in the product's design, labeling, or instructions. Breach of warranty means that the seller or manufacturer has refused to honor any warranty agreement explicitly included with the purchase of the defective product.

How Do You Establish and Prepare Your Case?

The defective product itself may play a critical role as evidence supporting your case. Unless the product represents a continuing direct threat to your safety or health, you should keep it instead of discarding it. If possible, secure it in a place that only you or your lawyer can access instead of handing it over to investigators.

The history of the product may also reveal important details as to the chain of accountability, from designers and manufacturers to distributors and sellers. Your attorney will want to determine the exact date and location of manufacture and sale, and that no unknown third party modified or tampered with the product.

You may require the assistance of expert witnesses to evaluate the defective product and testify to its defects in court. These witnesses may include professionals with expertise in medical, engineering, marketing, safety, and other relevant issues. Psychologists may attest to errors that might lead to product misuse.

How Does the Burden of Proof Work in a Product Liability Case?

If you wish to prove that a defective product caused your injury, you must establish four key points . You must prove that the product actually injured you, that the product had defective parts or instructions, that the defect in question led to the injury, and that you used the product correctly (according to the instructions).

In some cases, the plaintiff's attorney may successfully argue that the defective nature of the product stands as clear evidence that fault exists. The burden of proof would then shift primarily to the defendant, who must demonstrate innocence of such a fault.

What Kinds of Arguments May Defendants Present?

Defendants have every right to counter a plaintiff's claims in a product liability case. The defendant in your case may have an array of expert witnesses on hand to cast doubt on your own witnesses' statements. The defendant may also argue that any reasonable use of the product naturally poses certain risks of injury.

If you cannot identify the supplier of the defective product, the defendant may argue that you have not eliminated that party as the potential source of the defect. In the case of medication, however, the court may assign liability to the manufacturer based on the local market share percentage of the medication.

You may expect the defendant to try and undermine other aspects of your case if at all possible. For instance, the defendant may argue that someone altered the product between the time it left the manufacturer and the time it hit store shelves. The defendant may also argue that you misused the product.

The majority of product liability cases end in out-of-court settlement. Defendants and their insurers find these kinds of cases particularly expensive to fight in court, especially if the judgment goes against them. Even so, you and your legal team may have sufficient leverage to negotiate from a position of strength.

Higinbotham & Higinbotham, PLLC, can evaluate your situation, determine whether you have a valid product liability case, and help you present that case as effectively as possible. Contact our law office for a consultation.

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Understanding 18-Wheeler Accident Attorney Roles

Key Differences Between Commercial Truck Accidents and Passenger Vehicle Crashes

Common Causes of 18-Wheeler Accidents and Their Legal Significance

Why Prompt Evidence Gathering Is Vital in Truck Accident Cases

How a Car Accident Injury Lawyer Supports Victims of Truck Collisions

Understanding Liability: Who Can Be Held Responsible in 18-Wheeler Accident Cases?

Why Choose an 18-Wheeler Accident Attorney in Morgantown, WV From Higinbotham & Higinbotham?

Taking Action After an 18-Wheeler Accident: How to Get Help in Morgantown, WV

Car Accident Law Firm in Fairmont, WV: Why Local Matters

Why Choosing a Local Car Accident Law Firm Matters

The Value of Experience After an Accident

Personalized Service vs. Out-of-Town Firms

How a Car Accident Law Firm Helps With Insurance Companies

What to Expect When You Work With a Car Accident Law Firm

Step 1: Free Consultation

Step 2: Thorough Investigation

Step 3: Negotiation With Insurance

Step 4: Filing a Lawsuit

Step 5: Resolution

Serving Fairmont With Care And Dedication

Final Thoughts

Experienced Car Wreck Lawyer in Morgantown, WV

Why You Need a Car Wreck Lawyer After an Accident

What to Expect from Higinbotham & Higinbotham PLLC

When to Call a Car Wreck Lawyer

Conclusion

5 Key Steps to Take After a Car Accident in Morgantown, WV – And How a Lawyer Can Help

1. Ensure Safety and Call for Medical Help

2. Gather Evidence at the Scene

3. Report the Accident to the Authorities

4. Notify Your Insurance Company

5. Consult With a Car Wreck Lawyer in Morgantown, WV

Conclusion:

6 Mistakes to Avoid After a Car Accident in Morgantown, WV

1. Admitting Fault at the Scene

2. Failing to Document the Accident

3. Delaying Medical Attention

4. Accepting a Low-Ball Insurance Offer ﻿

5. Not Contacting a Car Accident Attorney

Navigating an Insurance Dispute for a Personal Injury Claim

Understanding the Nature of Insurance Disputes

Evaluating Your Claim

Consulting With Personal Injury Attorneys

Exploring Mediation as an Option

Preparing for Litigation

Negotiating a Settlement

Documenting All Communications

Maintaining Patience and Persistence

The Importance of Hiring a Lawyer After Being Hit by a Car

Navigating Complex Legal Processes

Ensuring Fair Compensation

Dealing With Insurance Companies

Understanding Personal Injury Laws

Peace of Mind and Protection of Rights

Summary

Understanding Product Liability: When to Hire a Lawyer

Understanding Product Liability Laws

When Do You Need to Hire a Lawyer?

When Dealing With Large Corporations

When Facing Serious Injuries or Damages

When Dealing With Complex Cases

When Negotiating With Insurance Companies

Conclusion

A Guide to Navigating Slip and Fall Claims

Understanding Liability

Proving Negligence

Determining Compensation

Dealing with Insurance Companies

Navigating the Legal Process

Seeking Legal Assistance

Final Thoughts

Considerations for Personal Injury and Vehicle Damage Claims

Understanding Personal Injury Claims

Calculating Damages for Personal Injury

Vehicle Damage Claims: Key Considerations

Repair Estimates and Total Loss Assessments

The Role of Comparative Negligence

IN SUMMARY

How to Ensure a Successful Medical Malpractice Case

4. Accepting a Low-Ball Insurance Offer