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Proximate Cause vs. Actual Cause in Personal injury

By Burke, Schultz, Harman & Jenkinson |

In order to bring a successful personal injury claim, the plaintiff must show four things: duty, breach, causation, and damages. Often, duty and breach are shown by proving negligence—for example, a driver breached their general duty to operate safely by speeding through a stop sign. In such a case, causation and damages are equally… Read More »

Lifeguard

Is the Lifeguard Liable for a Pool Drowning in West Virginia?

By Burke, Schultz, Harman & Jenkinson |

Swimming pools can provide a fun, refreshing leisure activity, especially during the summer months. Pools do, however, carry risks. Young children are especially vulnerable to drowning or other pool-related injuries. We depend upon lifeguards to protect ourselves and our loved ones when we swim in public or private pools. What happens when a lifeguard… Read More »

Road accident

When Can You Sue For Negligence in a Car Accident?

By Burke, Schultz, Harman & Jenkinson |

If you’ve been hit by a negligent or reckless driver, you might have a claim for damages. In order to recover compensation for your medical bills, property damage, pain and suffering, and other harm, you’ll need to file a claim against the other driver—either through their auto insurance company or against the driver directly…. Read More »

LCV (Light Commercial Vehicle) after a road car accident

How Fault Is Determined in an Accident Involving a Company/Commercial Vehicle

By Burke, Schultz, Harman & Jenkinson |

After a car accident, it’s important to determine who was at fault. If you’ve been injured, you need to establish who can be held responsible and whose insurance coverage will pay for your medical bills and other damages. When the responsible party is a company, rather than an individual, you may be eligible for… Read More »

Business people handshake, successful negotiation

8 Important Questions to Ask a Personal Injury Lawyer

By Burke, Schultz, Harman & Jenkinson |

If you’re in need of a personal injury lawyer to represent you, don’t just go with the first one that you come across. Finding the right attorney can be the difference between a fair and dismal settlement. Here are eight questions to ask potential personal injury lawyers in order to find one who can… Read More »

Man with hand in orthopedic black orthosis

Returning to Work After a Car Accident: What to Know

By Burke, Schultz, Harman & Jenkinson |

It’s understandable to be anxious about returning to work after a car accident. For some, experiencing a major injury can leave you concerned about whether or not you will be able to perform your job duties. Others might still be riding on adrenaline that pushes them to return to work sooner than they should…. Read More »

A man posing on electric scooter.

What Are the E-Scooter and E-Bike Laws in West Virginia?

By Burke, Schultz, Harman & Jenkinson |

E-bikes and e-scooters have made their mark across urban areas all over the nation. What once seemed to be a passing trend appears to be a mode of transportation that is here to stay. E-bikes and e-scooters offer some undeniable advantages as they are rather eco-friendly, affordable to operate, and relatively easy to use…. Read More »

First aid support accident at work of construction worker at sit

What Are the Causes of Construction Accidents?

By Burke, Schultz, Harman & Jenkinson |

Jobs in the construction industry are one of the most dangerous. It’s no surprise that recent data shows this field has an accident rate of 71% or higher. Understanding how to identify deadly and other common accidents on the construction worksite is key to worker safety. Let’s go over what these accident types are… Read More »

Caucasian man with moustache and glasses with vision impairment,

Can an Auto Accident Affect Your Vision?

By Burke, Schultz, Harman & Jenkinson |

Even minor car accidents can cause significant injury to your eyes. If not assessed or treated properly, these injuries can lead to vision loss. There are many reasons why an auto accident can affect your vision. Most injuries happen because of a direct impact on the eye, abrasions or scratches on the eye, or… Read More »

broken ceiling in the room

Suing Your Landlord for Premises Liability in WV

By Burke, Schultz, Harman & Jenkinson |

A premises liability claim holds a property owner, such as a landlord, responsible for an individual’s personal injury if they sustained that injury on the landowner’s property. A landlord is expected to put forward a reasonable degree of effort in maintaining and keeping their property safe. Occupants of the property are entitled to an… Read More »

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