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Recent Blog Posts

Medical worker mistreating senior woman in nursing home

How to Report Nursing Home Abuse in WV

By Burke, Schultz, Harman & Jenkinson |

Elder abuse is a shockingly common occurrence. More than two million cases of elder abuse are reported every year, and close to one in ten elderly individuals will experience elder abuse at some point. One in three nursing homes across the United States has been cited for violations. More than 40% of nursing home… Read More »

Woman Buckling Up Seatbelt

West Virginia Car Seat Laws

By Burke, Schultz, Harman & Jenkinson |

Car seats and boosters protect young children and infants in the event of a traffic accident. Unfortunately, car crashes remain a leading cause of injury and death for children between the ages of one and thirteen. It’s important to utilize the proper safety device for your child when driving, and if someone else is… Read More »

proximate cause written on the keyboard button

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 »

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 »

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 »

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 »

Man eating an hamburger while driving car

WV Distracted Driving Law: Is It Legal to Eat While Driving?

By Burke, Schultz, Harman & Jenkinson |

Distracted driving is a growing danger in the United States. More than a quarter of all traffic accidents in West Virginia are connected to distracted driving. For that reason, West Virginia and other states have passed laws banning distracted driving, and violators can face harsh fines and other penalties. But what do these laws… Read More »

Hit and run concept. View on injured man on road in rear mirror

Martinsburg Man Charged After Fatal Hit-and-Run

By Burke, Schultz, Harman & Jenkinson |

Drivers in West Virginia are required to stop, report the accident, and render aid after a crash that results in damage to a vehicle, injury, or death. Fleeing the scene of an accident is a crime, and the punishments are more severe if the accident involved injury or death. The reasons for the law… Read More »

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