The doctrine of res ipsa loquitur* (“the thing speaks for itself”) is derived from Anglo-American common law. Under evidentiary rules, this doctrine may be applied in a tort lawsuit in some instances. It allows a court to infer negligence based on the very nature of the accident or injury sustained. Because of this, no direct evidence is required regarding how the defendant behaved.
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When an especially serious, unusual, or fatal motor vehicle accident occurs, there is significant interest in finding out what happened. The scene of a major car accident can be an extremely busy place. Many things must occur before the site can be cleared. Tucked away behind those flashing red and blue lights, sirens, and commotion, a special team is hard at work.
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As a biker, you know your motorcycle offers far less protection than an enclosed vehicle offers in inclement weather or would provide in a crash. It can be more difficult for other motorists to recognize your presence, also. Unfortunately, these and other combined factors present an increased risk to you and your passengers. Read on to learn three important statistics we think you might like to know, as well as how to protect your ability to recover financial compensation for your losses if a reckless or negligent driver collides with your bike and causes you to be injured.
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If you submitted a valid claim to your insurance company and it was wrongfully denied, you may be eligible to file a lawsuit to recover the damages you are entitled to receive. Your automobile, homeowners, or life insurance policy is a legally binding contract between you and your insurance carrier. This document specifies exactly what financial compensation you are eligible to claim, which perils or losses are covered, the conditions which must be met for you to pursue financial compensation, and other relevant details. If you are a resident of Monongalia, Tyler, Wetzel, Hancock, Ohio, Brooke, or Marshall County, West Virginia involved in a dispute over your rightful insurance claim, contact Angotti & Straface Attorneys at Law immediately.
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Know the Signs – Take Action
As we head into February and Valentine’s Day, we would like to encourage everyone with an elderly loved one to take a few minutes out of your day to focus on that person. As we age, we can become more vulnerable to those who would, for whatever reason, choose to do us harm. Whether it’s an aging parent or grandparent, a member of your extended family, a friend, neighbor, or coworker, think about that individual as you read through the following list. If anything jumps out at you and you have reason to believe that the older individual may be experiencing abuse, follow the information at the bottom of the page and seek help. Remember, you may be the only one who notices and speaks up.
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A tire blowout may be one of the last things you think about when getting behind the wheel, but according to a report from the National Highway Traffic Safety Administration tire blowouts and related issues are responsible for contributing to approximately 9% of all motor vehicle accidents in the US. Tire blowouts tend to occur suddenly. This can cause the vehicle to suddenly spin out of control, often with tragic results. Recent data indicates that catastrophic tire failure is responsible for approximately 78,000 accidents, 11,000 injuries, and more than 700 deaths each year. Be sure you know what to do if you find yourself behind the wheel of a vehicle experiencing a blown tire.
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It is one of every parent’s worst nightmares. If your child has been seriously injured in a motor vehicle accident, whether hit by a truck, in a private passenger vehicle, on a bus, ATV, motorcycle, bicycle, boat, or as a pedestrian, the situation can rapidly become overwhelming on all fronts. Handling the additional needs of your tragically injured child on top of caring for other children and family members who need your help, juggling work, home, and other responsibilities – especially if you were also injured in the accident – can simply be too much.
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According to the Centers for Disease Control and Prevention, more than 300,000 motorists choose to drink and drive each day. The National Highway Transportation Safety Administration (NHTSA), reports that an average of 10,000 people lose their lives on America’s highways each year as a result of DUI crashes – one every 48 minutes. In fact, an average of one in three motorists involved in crashes was found to be intoxicated and 42% of those killed in crashes tested positive for drugs. Driving impaired is clearly never a good idea. With statistics this grim, you’re probably wondering which holiday has the most DUI crashes so you can take action to stay safer on the road.
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According to the Centers for Disease Control and Prevention, 1 in 73 people in the United States are attacked and bitten by a dog each year. Have you or a family member been attacked by a dog belonging to your friend, family member, or a neighbor? If you’ve been bitten, you need to arm yourself with knowledge of how the laws of West Virginia view dog bites, the actual dangers you may face, and how to protect your rights moving forward.
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Medical malpractice has reached unprecedented levels in West Virginia and throughout the United States. In fact, the epidemic has proven so extensive, and losses to medical malpractice insurers so severe as a result of this, that legal action has been taken to artificially limit medical malpractice losses within the insurance industry. This has not only lowered premium costs for medical providers at the general expense – it has lowered provider accountability.
Continue reading “Harmed by the Hands That Heal: West Virginia’s Malpractice Epidemic”