Personal Injury Attorney for over 25 Years!
Call: (304) 342-4616
604 Virginia Street E Charleston, WV 25301-2115
Injuries
Personal Injury Attorney and Traffic Accidents
For personal, quality legal assistance after traffic accidents, consult the personal injury attorney services of The Law Office of James M. Barber in Charleston, West Virginia .
Representation after the Accident
Personal injury lawsuits stem from anything in which an injury was suffered due to the negligence or fault of another party. Whether the responsible party was a stranger, employer, or reckless driver, it is important to hold them accountable for their actions.
If you are filing a personal injury lawsuit, an experienced trial lawyer can help make sure you receive the financial compensation you need. At The Law Offices of James M. Barber, I am committed to helping clients throughout West Virginia, and represent clients in a variety of personal injury matters, including:
Catastrophic Injuries and Wrongful Death
- Defective Products: Defects in the way a product was designed, manufactured, or in the warnings it came with. This can include vehicles, tools, recreational equipment, and household products.
- Coal Mining Accidents and Injuries: I represent clients who were injured in underground and surface mine accidents, such as moving equipment accidents, entrapments, and blasting accidents.
- Mesothelioma and Asbestos Cancer: I represent clients who were diagnosed with mesothelioma after exposure to asbestos in chemical plants, power houses, steel mills, oil refineries, commercial and residential construction, and other industrial jobs.
- Workplace Injuries: Unsafe work conditions in chemical plants, saw mills, power plants, or coal mines.
- Car Wrecks: Car accidents are a leading cause of injury and death. I can help you receive the benefits you are entitled to, from the other driver's insurance or your own.
- Trucking Accidents:
Accidents caused by coal and timber trucks and other tractor-trailers.
Schedule your free initial consultation with an experienced attorney. I handle all cases on a contingency fee basis, so you are not responsible for paying for my representation unless you recover.
Highway Work Zone Accidents: The Danger of Unexpected Traffic Issues
Construction work on highways, particularly interstates, creates dangerous driving conditions and has resulted in more than 33,000 accidents and 667 deaths nationwide. Detours, merging traffic, and stopped traffic are all unexpected hazards.
At my firm, I take the time to listen to all of your concerns and present you with options to help you get fair compensation for your injuries. My experience as a mechanical engineer can help me uncover and explore some of the more technical aspects of these types of claims that can help establish liability.
Who's at Fault?
In most work zone accidents, there are three possible wrongdoers. First, there are other drivers who don't heed warnings or are otherwise negligent. Second, there are the private contractors who perform the work. The contractor on every job is required to exercise reasonable care to protect the public and is required to have a traffic safety expert on the job. Failure to do so can result in liability being placed on the contractor. Third, in West Virginia, all jobs are directed and overseen by the Division of Highways (DOH). The DOH also has traffic safety experts that are responsible for safety in each work zone.
Any or all of these might be the cause of an accident, and only an attorney experienced in such complex litigation can sort through the legal issues to get you the compensation you deserve.
West Virginia Division of Highways & the Court of Claims
The courts in West Virginia have held that the Department of Highways cannot be sued in state courts unless the wrongful conduct is covered by the state's liability insurance. However, the courts have also ruled that there is no liability coverage for acts of the DOH unless a DOH employee is present at the time of the accident. The effect is to severely limit those instances when the DOH can be sued.
As the Department of Highways will always be involved in any road construction project, claims against the DOH will arise. The alternative to suing in state or federal court is to make a claim in the West Virginia Court of Claims. I have handled such claims and am experienced in resolving such cases. In 2009, I settled a claim against the West Virginia DOH for the highest amount ever paid in an injury claim.
Schedule an appointment
and you will receive personal, quality legal service that you need after an accident.
The Law Office of James M. Barber
604 Virginia Street E
Charleston, WV 25301-2115