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Is It a Bruise or a Brain Injury? Why the Difference Matters After a Crash Key Takeaways: A contusion is a bruise. When it happens to the brain, it is structural damage that often shows up on a CT or MRI, while a concussion disrupts how the brain works and often looks normal on standard…

How West Virginia Limits Pain and Suffering Awards in Medical Negligence Claims Key Takeaways: West Virginia caps pain and suffering awards in medical malpractice cases under W. Va. Code § 55-7B-8, which is part of the Medical Professional Liability Act (MPLA). The standard cap on noneconomic damages started at $250,000 per occurrence and is adjusted…

When Concussion Symptoms Do Not Go Away After a Crash Key Takeaways: Post-concussion syndrome is a set of lingering symptoms, such as headaches, dizziness, fatigue, memory problems, and mood changes, that can last for weeks or months after a concussion from a Morgantown car accident. Concussions are classified as mild traumatic brain injuries, but they…

The Paper Trail Behind Every Commercial Truck in West Virginia Key Takeaways: Federal law generally requires trucking companies operating in West Virginia to keep driver qualification files, hours-of-service records, and drug and alcohol testing records. Under 49 CFR 391.51, a driver qualification file generally includes the employment application, motor vehicle records, safety performance history investigation,…

When a Tank, Vault, or Pit Becomes a Deadly Workspace Key Takeaways: Under OSHA rules that apply in West Virginia, a permit-required confined space is a confined space that also has, or could have, at least one serious hazard, such as a dangerous atmosphere, engulfment, or an entrapping layout, as listed in 29 C.F.R. §…

Building Proof That Your Employer Saw the Danger Coming Key Takeaways: To prove your employer knew about a danger before your Morgantown injury, you generally need evidence that a specific supervisor or manager actually knew about the specific hazard and its high risk. Showing that they should have known is generally not enough. West Virginia…

When a Crash Damages the Nerves in Your Arm Key Takeaways: Yes, a Morgantown rider may be able to get compensation for a brachial plexus injury if another driver’s negligence caused the crash. These nerve injuries can cause anything from weakness and numbness to permanent paralysis of the arm, so a quick diagnosis and consistent…

What West Virginia’s 30-Day Notice Rule Means for Injured Patients Key Takeaways: West Virginia generally requires injured patients to give notice at least 30 days before filing a malpractice lawsuit. This alerts providers early, gives them a chance to respond or request mediation, and helps screen out meritless claims. Under the Medical Professional Liability Act,…

Hurt by a Work Driver in Morgantown? The Employer May Share Responsibility Key Takeaways: Yes, a Morgantown crash victim can often sue both a negligent driver and that driver’s employer if the driver was acting within the scope of employment, under the doctrine of respondeat superior. Liability usually depends on the purpose of the trip,…

When a Trucker Refuses to Be Tested After a Serious West Virginia Crash Key Takeaways: Under federal rules, a truck driver who refuses a required post-accident drug test faces the same consequences as a driver who tests positive. The driver must be removed from safety-sensitive duties, is reported to the FMCSA Drug and Alcohol Clearinghouse,…