Peyton Law Firm, P.L.L.C.Peyton Law Firm, P.L.L.C.2024-03-14T14:41:33Zhttps://www.peytonlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404074/2023/09/cropped-directory-32x32.jpgOn Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=476102023-09-07T15:38:45Z2023-07-11T22:11:53ZInjuries from a slip-and-fall caused by negligent property management are not random bad luck that the victim must pay for themselves. It results from a choice not to be a responsible property owner. Therefore, West Virginia law allows you to sue the premises owner where you got injured for compensation for your hospital bills, rehabilitation, lost wages, pain and suffering and more. This is known as premises liability.
The duty property owners owe the public
Property owners owe a duty of care to people with a legal right to enter and be in their property. For example, a grocery store owner owes a duty of care to their customers, people delivering produce and so on. This duty requires the owner to take reasonable steps to repair "traps" (such as a wet spot on the floor, loose floorboard or broken staircase handrail) they know about or reasonably should know about, or warn visitors about the danger (such as by posting a warning or out of order sign). If a property owner fails to do so and you fall and suffer an injury as a result, the owner is liable.
Possible harm suffered
A sudden fall to the rocky ground or linoleum floor might not sound as dangerous as getting into a car accident, but you can get seriously hurt. Slip-and-falls can cause:
Head injuries
Neck injuries
Back injuries
Broken bones
Internal bleeding
A particularly severe fall due to unsafe conditions can cause long-term or permanent disability. You could be forced to stop working, putting your household's finances in peril just when you need thousands of dollars worth of medical attention. The pain and debilitation can have a serious impact on your quality of life and ability to be there for your spouse and children.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=476062023-04-23T22:56:46Z2023-04-23T22:56:46ZFamilies need to act promptly after receiving tragic news
It is a common first reaction after a family tragedy to take time to adjust to the new situation. Grief can take months for people to process, and they may tell themselves that they will handle their practical concerns after making it through the first stages of the grieving process.
What people fail to realize is that grief does not go away after a few months or even a couple of years. It simply becomes part of someone's daily lived experience. If someone were to try to wait until their grief passed to pursue a wrongful death claim, they would likely lose the right to do so, as the West Virginia statute of limitations only gives people two years after the date of an individual's death to initiate a wrongful death claim.
Developing a claim often takes months
Before an attorney will file a wrongful death lawsuit on behalf of a client, they will first need to put together evidence showing that the defendant played a role in the tragedy and that there were Financial consequences for surviving family members. The more unusual the situation, the longer it may potentially take a lawyer to put together the necessary documentation to present the courts with a claim.
In some cases, such as when the defendant in a wrongful death case is a business, there could be a settlement opportunity before there is ever a hearing in civil court. Many wrongful death cases will require a hearing in civil court, which might mean waiting many months, possibly the better part of a year, for a hearing in civil court.
Although there are no guarantees regarding how quickly a case may go through the courts, families cannot forget the very firm statute of limitations that applies to such claims. Grieving dependents often need to start exploring their legal options after a loved one's death before they have had time to come to terms with the situation fully.
Knowing what to expect when considering a wrongful death claim in West Virginia can help families hoping to secure justice from the civil courts with the assistance of a legal professional.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=476022023-02-23T00:11:47Z2023-02-23T00:11:47Zdoes have statutes that allow family members to seek compensation when they believe an individual or business is responsible for the death of a family member. Here are a few things that surviving family members need to know about wrongful death claims in West Virginia.
What constitutes wrongful death?
The state law grants the right to pursue a civil lawsuit against a party whose neglect, default or wrongful acts cause the death of someone.
Generally, anytime that someone who died in a tragic situation may have had the right to file a lawsuit if they had survived, a wrongful death lawsuit is possible after their passing. Situations involving negligence, like distracted driving car crashes, criminal activity and even medical malpractice could lead to a wrongful death lawsuit.
Who can file a lawsuit?
Family members are the ones who typically benefit from a wrongful death claim. Surviving spouses and children are often the main beneficiaries of such lawsuits. However, they won't be the ones filing the lawsuit in civil court.
West Virginia law requires instead that a personal representative or executor of the deceased individual's estate file the lawsuit.
What losses can contribute to the claim?
West Virginia allows people to seek multiple kinds of compensation. Family members can claim lost wages and benefits, as well as the medical costs to provide someone's care before their death and funeral service expenses.
The claim can also include the financial impact of losing someone's service and assistance. The total amount of the lawsuit can even include amounts for the sorrow and anguish of surviving family members and the loss of the companionship and guidance provided by the deceased.
West Virginia also sometimes allows punitive damages, although there is a cap of either $500,000 or four times the compensatory damages awarded.
Is there a time limit for a claim?
One mistake people frequently make in West Virginia wrongful death proceedings is that they wait too long to go to court. State law imposes a two-year statute of limitations on wrongful death lawsuits. With rare exceptions, families will typically need to file a claim within two years after someone dies or lose the option of asking the courts for compensation.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475882022-12-20T22:57:39Z2022-12-20T22:57:39Z
“We will help you get everything you’re due.”
Here’s the reality: The insurance adjuster on the phone may sound like a lovely person, but they are paid to protect their employer’s interests. Their sole job is to limit their employer’s liabilities by chipping away at your claim wherever possible.
“We have to take a recorded statement.”
They want a recorded statement. Maybe their company policy is to get a recorded statement whenever possible – but you are under no obligation to give one. Insurance companies try to get you on record so they can pick through your words and take them out-of-context to devalue your claim. They know that people who are scared and in pain aren’t always thinking clearly.
“You can’t make a claim if you were also negligent.”
In West Virginia, you can still collect compensation for your losses as long as you were not more than 50% responsible for the wreck or your injuries. An insurance company may try, however, to make it sound like a minor mistake is enough to disqualify your entire claim.
“You can’t claim anything if you have a pre-existing condition.”
Insurance companies just wish this were true. Many people have pre-existing conditions that can be aggravated or worsened in a wreck – and that also deserves compensation, even if you are simply more fragile than some other people.
“This is the most we can offer.”
The odds are very high that the insurance company can, in fact, offer more. They want you to feel as if you’re lucky for getting anything, so they will make it sound like you’d better take their initial offer before it melts away.
When you’ve been in a wreck, don’t take the insurance company’s words at face value. Find your own sources of information and learn more about your legal options.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475862022-11-02T16:38:17Z2022-11-02T16:38:17ZSubmit additional evidence
Sometimes, a denied claim is the result of the insurance company having incomplete or inaccurate information. They may not know that the driver they insured made some kind of major mistake at the wheel, or they may not have up-to-date information about your vehicle repair expenses and medical costs.
Sometimes, what you need is to gather appropriate documentation about fault and consequences to submit to the insurance company after a denied claim. Other times, you may need to invest in a crash recreation to prove that the other driver was to blame for the wreck.
Take the insurance company to court
If you have provided clear evidence that the other driver caused the crash and that you suffered significant financial losses because of the wreck, an insurance company refusing to abide by the policy it underwrote may have violated federal and state industry statutes.
You may have grounds for a civil claim against the company. Other times, you may need to take the other driver to court to recoup your losses, and they can then settle the matter with their insurance provider. The nature of the crash, the kind of coverage involved and the losses you suffered will all influence the appropriate way to address an issue caused by an insurance provider refusing to pay benefits as they should.
Negotiating an insurance claim after a car crash is sometimes a complicated process that a driver will not be able to handle on their own.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475842022-08-23T20:28:29Z2022-08-22T20:26:53ZReasons why first-time applications get rejected
Maybe the disability examiner didn't believe that your medical condition was severe enough to prevent you from working. Or perhaps the evidence in your file wasn't strong enough to prove that you meet the SSA's definition of "disabled."
Other reasons for Social Security Disability denial include:
• Making too much money in the last year
• Not working long enough to qualify
• Failing to follow the instructions on the application
• Addiction to alcohol or other drugs causing the disability
Steps you can take
You have the right to appeal a denial notice from the Social Security Administration in West Virginia. The first step is usually requesting a reconsideration of your claim within 60 days of receiving your denial notice.
During the reconsideration process, your claim will be reviewed by someone who didn't handle your initial claim. This person will look at all the evidence in your file as well as any new evidence you submit.
If that doesn't work, you can request a hearing before an administrative law judge (ALJ). This is your opportunity to present testimony from yourself and witnesses, including friends, family members, co-workers and doctors. The ALJ will also consider any new evidence that you submit.
If you're still denied benefits, you can go further and request a review by the Social Security Administration's Appeals Council. The council can either deny your request or return your case to an ALJ for a new hearing. If the council denies your request or doesn't respond within 60 days, you can file a lawsuit in federal district court.
While going through the appeals process, you can give yourself a better chance of winning your claim by gathering as much evidence as possible, ensuring that all your deadlines are met and properly preparing for your hearing. If things go well, you can get the benefits you need to cover your living expenses and medical bills.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475782022-06-23T20:53:57Z2022-06-23T20:53:57ZProbate
Usually, when a person has a will, the executor must submit that will to a court to begin the probate process. When there is no named executor, the letters of administration serve this purpose.
Starting the process
The first step to take when a person has died is to get several copies of the death certificate. You will need one specifically to get the letters of administration, but a death certificate is usually required by other entities as well as you wind down the person's financial affairs. You also need to notify any family members who are likely to be heirs. You need to put together as much information as you can about the person's assets, but it might be difficult to access this before you have been appointed administrator. You may be able to work with the county clerk to make sure you have the exact documents you need or to find out what to do if you are struggling to get complete information.
Becoming the estate administrator
Once you have submitted the documents, you will need to wait a few weeks to receive the letters of administration. When you get them, you can proceed with your estate administration duties.
Dealing with a loved one's estate in the absence of an estate plan can feel particularly stressful. However, the process for doing so is explicitly set out in law, and becoming the estate administrator is usually simply a matter of following that process.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475742022-04-27T22:21:29Z2022-04-27T22:21:29ZHead injuries
The most important aspect of coping with the aftermath of a head injury is independent daily function. Individual ability to comprehend what is happening around us is vital to living a normal life as well as being able to function without help from others. Cognitive abilities can be severely altered as a result of internal head trauma from motor vehicle accidents, many times requiring extensive and expensive medical care staffing at home.
Neck injuries
Neck injuries can also be very serious physical issues for victims of car crashes. Many individuals are left with partial or even total paralysis from neck injuries when nerve and spine damage is extensive, also resulting in constant personal and medical care.
Calculating catastrophic damages
Calculating financial recovery for most accident victims is typically done using the multiplier method. However, serious injuries like head and neck problems can be better compensated using the daily per diem allowance that combines the expense per day for an agreed upon amount of time or by continuing medical coverage after a financial settlement is reached.
The financial demands placed on the families of both head and neck injury sufferers are enormous and well-documented in auto accident claims. Statistics have shown that total expenses for some can amount to well over $1,000,000 annually for those left with catastrophic injuries to deal with for the remainder of their lives.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475702022-02-25T23:38:07Z2022-02-25T23:38:07ZWhat is wrongful death?
West Virginia's wrongful death statute defines wrongful death as "the death of a person caused by the wrongful act, neglect or default of another." This means that if someone else's negligence leads to your loved one's death, you may be able to bring a suit against them.
Who can file a wrongful death lawsuit in West Virginia?
The wrongful death statute in West Virginia allows for "the personal representative of the deceased or any other person who may be entitled to recover damages for the death." This means that either the executor of the deceased's estate or a family member can file a wrongful death suit.
What can you recover in a wrongful death suit?
The damages that are available in a wrongful death case vary from state to state. In West Virginia, the injured party can recover "damages for the death of the deceased, including damages for mental anguish, loss of society and companionship, pain and suffering, and any other losses suffered by the decedent's family as a result of the death." This means that you may be able to recover compensation for your loved one's medical expenses, funeral expenses and any other losses you have suffered as a result of their death.
Important elements of a wrongful death case
The injured party must show that the other person was negligent and that this negligence led to the death of the victim. Also, you must show that the decedent would have been able to bring a suit if they had survived, and they would have been entitled to damages.
Remember that the statute of limitations for a wrongful death suit is two years in West Virginia. This means that you must file your lawsuit within this time frame, or you will lose your right to sue.]]>On Behalf of Peyton Law Firm, P.L.L.C.https://www.peytonlawfirm.com/?p=475662023-09-27T23:10:27Z2021-12-29T23:16:30ZThere are many couples in West Virginia who receive Social Security Disability Insurance benefits based on their particular medical issues. Each case has been evaluated on its own merit with the agency issuing an approval for both applicants. However, the rules regarding payment of benefits can impact the amount they receive from the agency in certain situations. Family dynamics and age can play a role in eligibility and amount of additional benefit received for the household based on program qualification for a primary disabled beneficiary.
When both spouses are disabled
SSDI claims are evaluated individually by the Social Security Administration when both spouses are disabled. Typically, one spouse will be awarded before the other, but there are rare situations where both are applying at the same time. Qualifying for the SSDI program is based on work history and the number of accrued tax credits during the applicant's working career, and they do not impact other claims.
How age and family structure can matter
The SSA also makes allowances for qualified disabled individual's spouses based on age and number of dependents in the family. Spouses of disabled beneficiaries who are age 62 or older can receive up to 50% of the disabled partner's SSDI benefit amount regardless of health status. Couples that have a qualifying dependent in the home who is under age 16 can also be eligible for an additional benefit amount.It is important to note that not all disability applicants can qualify for the Social Security Disability Insurance program due to insufficient tax credits through their work career. SSDI recipients must have earned 20 tax credits in the immediate 10 years prior to filing in order to qualify. Those who qualify at a young age are evaluated on a pro-rated scale, and many times they do have dependent children under age 16. Those applicants who do not qualify may be allowed Supplemental Security Income, also known as SSI, which is a means tested benefit program. When both spouses are eligible for SSI, the benefit amount is reduced significantly even for those over age 62.]]>