Wrongful Death Cases In West Virginia
The death of a loved one carries with it immense feelings of loss. This loss is only compounded when a loved one’s untimely death is cause by the wrongful conduct of another. Oftentimes, the family member who was catastrophically killed was a father, husband, mother, wife, and sole income earner for the family. No lawsuit and no amount of money can ever replace a loved one. Nevertheless, like we tell our kids when they get in trouble at school, parties who are at fault should be held accountable for their conduct. As much as possible, families deserve to be put in the same position they would have been in absent the wrongful death of their loved one.
Pro-life law grants limited immunity for drug possession in an overdose situation
The opioid epidemic is rampant in West Virginia. Regardless of socioeconomic status, age, gender, or race, we all know someone in our family or community who has been affected. West Virginia ranks at the top in terms of opioid-related overdose deaths in the United States, the majority of which are attributable to synthetic opioids and heroin.
Just Say No To The Other Party’s Insurance Adjuster After A Car Wreck
You were in a car wreck. You were just rear-ended by a person who was probably on a cell phone. The police arrive. You give a statement. Your car is towed. You get medical treatment and ultimately go home. The next day, the phone rings. It’s an insurance adjuster for the insurance company of the person who hit you. The adjuster is nice and seems genuinely concerned about your well-being. The insurance adjuster wants to take a recorded statement.
Removing the Brand: Criminal Expungement in West Virginia
Mistakes should not necessarily define a person for the rest of his or her life. West Virginia law recognizes this principle and permits, in certain circumstances, that mistakes involving criminal charges or convictions may be removed from a person’s record or otherwise reduced.
YOU'RE FIRED! Wrongful Discharge in West Virginia
We all have had jobs that, for one reason or another, just didn’t work out. Sometimes, employees decide a job is not right for them and quit. Other times, employees are fired for no good reason or even forced out of the workplace by the employer.Barney Law PLLC gets calls from many folks who were fired and want to know whether they have a case against their employer. If you have been fired from your job or forced to quit your job, you should promptly contact an employment lawyer to analyze the unique facts of your dismissal.
What is Negligence?
In everyday conversations, we often hear people use the term negligence. People tend to loosely use the term to mean that some company or some person did something wrong. So, what does negligence mean?In basic terms, Black’s Law Dictionary defines negligence as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” Under West Virginia law, a cause of action (or legal claim) for negligence is made up of four basic elements: (1) a duty owed; (2) the breach of the duty owed; (3) causation; and (4) damages.
Shut Up and Drive: Distracted Driving in West Virginia
We have all seen it. The driver in front of us is not paying attention to the road. The driver is looking down at his or her cell phone. They swerve a little. We think to ourselves, “get off your cell phone and drive!” These every day occurrences can have tragic outcomes. The National Highway Safety Administration reports that in 2015, distracted driving claimed 3,477 lives.