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Huntington Legal Issues Blog

Search on for West Virginia driver who ran after hitting pedestrian

The Guyandotte River winds for more than 160 miles through West Virginia. The scenic waterway is not a fitting resting place for a human body, however.

Logan County sheriff’s deputies are looking for a hit-and-run driver who struck and killed a 36-year-old woman whose body was later found in the river. Officials do not yet know why the driver fled the scene, though it is known that it many similar cases, drivers flee pedestrian accidents because they were intoxicated at the time of the crash. In other cases, the drivers were speeding or distracted or similarly negligent.

Family grateful for justice in medical malpractice judgment

The story begins with a beautiful image of the woman holding her newborn baby in her arms. Sitting up on her hospital bed, she and her husband beam as she cradles their son.

Less than a week later, the 30-year-old new mother was dead. Almost four years to the day of her death, a jury unanimously declared that her family should receive a judgment of more than $20 million in their medical malpractice lawsuit.

Federal trial could impact West Virginia medical malpractice claims

Can an insurer rescind insurance if the policy-holder lies about the illegal activities of the people at the business being insured? And if the policy is rescinded, should the insurer refund the premiums paid for the rescinded policy?

Those are just two of the questions that observers expect will be an answered in a federal trial revolving around an insurer's attempt to rescind a clinic's medical malpractice policy. The verdict might well have implications for West Virginia insurers, doctors, hospitals, clinics and patients.

Family settles for $15 million in heartbreaking birth injury case

Regular readers of our Huntington Legal Issues Blog know that we believe few things in life are more heart-breaking than birth injuries. When a birth injury is caused by doctor negligence, the pain for the family is even more acute.

A suburban Chicago hospital recently agreed to a $15 million settlement of a medical malpractice lawsuit with the family of a 6-year-old girl who suffered severe, lifelong brain damage during delivery.

Is an insurance company too eager to settle with you?

Perhaps you have been the victim of a car crash in which you sustained a significant injury. Has an insurance company responded with an offer that strikes you as being too low?

Insurance companies are in the business of putting themselves and their policyholders first. You may want to consult an attorney if you feel a company is pressuring you into accepting a settlement and signing a release.

Injured in car crash, woman will never forget West Virginia hero

She will remember his words for the rest of her life. ‘My name is Tim," he said. "I’m a firefighter from West Virginia, don’t be scared."

The woman doesn't know if Tim is from Huntington, Morgantown or somewhere in between. All she knows is that the firefighter saved her life after a car accident caused by a drunken driver.

Police: Impaired trucker caused West Virginia crash, injuries

If you drive south for about two hours, you will come to the small town of Gilbert, West Virginia. The town has fewer than 500 residents, but is known far and wide for its ATV trails.

The town was recently the site of a crash between a truck tractor and an SUV. After the truck accident, police charged the truck driver with driving while impaired and causing serious bodily injury.

Trucker charged in crash that kills one, injures 17

It can all be part of a normal truck driver's work day to make the 7-hour-and-change drive south from Huntington to Lawrenceville, Georgia. The Atlanta suburb was recently the site of a fiery, 8-vehicle tractor-trailer crash that resulted in a fatality and injuries to more than a dozen people.

The trucker now faces criminal charges, according to a local newspaper report. The question for families that lost a loved one or had loved ones injured in the wreck is whether or not justice can be served in a criminal court.

Do you have a design defect product liability case?

A product liability claim is appropriate when someone suffers an injury from a product, but it can be difficult to know why the injuries occurred. There are three different types of product liability cases: a defective manufacture, failure to provide adequate warnings and design defect. Here is a look at what constitutes a design defect product liability claim. 

As the name implies, in this type of a product liability case, there is a flaw in the design of the product. Examples of a design defect include: 

  • Toys which contain choking hazards
  • Structural problems that cause something such as a table to be unstable
  • Sunblock that does not protect the person from the sun
  • A product which is prone to melting or unduly flammable 

Drunken ATV driver accused in fatal West Virginia highway crash

It's just an hour's drive southeast of Huntington to Lincoln County, West Virginia. That is where a 48-year-old man was recently simultaneously released from a hospital and taken into custody by law enforcement officials.

He has been charged with causing a motor vehicle accident while driving drunk; a crash that took the life of a 34-year-old woman who was riding with him on an ATV. He also faces a number of other criminal charges, including failure to render aid.

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