A "statute of limitations" is a law setting a time period in which a claim needs to be filed under the law. The failure to meet the deadline can bar the claim forever. Understanding the statutes of limitations is a lawyer's job and an individual with a claim should consult an attorney who is knowledgeable about that time of claim at the earliest opportunity to protect their rights. In various areas of consumer protection law, different time periods apply - making it all the more important to know your rights. Below, some of the general rules are explained and distinguished but keep in mind that this is for general information only - and not legal advice. To obtain legal advice, contact us.
West Virginia Personal Injury Lawyer Blog
On the front page of a recent edition of USA Today, an article appeared about a particularly devastating type of medical mistake. The article related the staggering fact that on average, hospitals and surgeons leave sponges or other surgical instruments inside patients after an operation about a dozen times per day.
Jamie Bordas welcomes Chris Regan back to the Bordas & Bordas Legal Review this week to talk about a question lawyers get all the time: "can I sue?" Well sometimes you can and sometimes you can't, but it's even more important to know the answer to another question: "can you win?" Jamie and Chris tackle a range of scenarios that are frequently asked of them by potential clients.
On the last weekend in April, I had the opportunity to participate in an event designed to raise money to help veterans recover from the experience of war. The Wounded Warrior Project has benefited enormously from the increasing popularity of the obstacle course event series known as "Tough Mudder." Participants actually pay for a ten to twelve mile torture test featuring icy water, twelve-foot walls, monkey bars, rope climbs, underground tunnels, fire, electric shocks and acres and miles of mud to negotiate. The courses are interesting, but as explained below, what is really important is the cause they support.
The light was golden and the air was crisp. With no humidity to weigh it down, the waves of excitement and anticipation of perhaps some twenty thousand souls ebbed, flowed, and immersed a crowd of runners. I had kissed my fiancé and mom and left them to find my own place in the pack with my dad. As if a dam had been released, the sea of runners in front of me that trickled to the starting line flooded the streets of Pittsburgh. The sight sent a chill through my body.
On May 5th, I ran in the Pittsburgh Half Marathon for The American Cancer Society's Team. The Pittsburgh Marathon is a wonderful event that not only "promotes the love for long distance running and enhances community involvement," but also rouses the spirit. This year, people ran with American flags, wore "Run for Boston" bibs, and displayed their love for America. What's most amazing about the Pittsburgh Marathon is not the mileage covered on foot in training and the race, but the inspirations of so many to begin. I invite readers to visit this link to the story of a blindfolded marathon runner, who ran to honor his daughter robbed of her sight.
If you or a loved one have been hurt, or have a loved one who has been killed, as a result of medical negligence, you (or a representative for your estate) have the right to bring an action in court to recover damages. Under West Virginia law, many types of damages can be compensated, including medical bills, lost wages that result from being unable to work, physical pain, future medical and/or supportive care, loss of mobility or, in the case of a death, funeral bills, grief of the survivors left behind and other harms that accompany wrongfully inflicted injuries or death.
Most states, including West Virginia, place limitations on when such claims can be filed. The rules that determine when these cases can be filed are commonly called "statutes of limitations." Victims should be very wary of easy or quick answers to the question "What is the statute of limitations for my case?" The answer is not nearly as simple or straightforward as one might expect. For example, while many actions in West Virginia (such as for medical malpractice) are governed by a two-year statute of limitations, an answer like that only begs the question, "Two years from what?" In other words, if you don't know when your time limits starts, you don't know when it ends, either.
Until you are in need of an attorney, you may not be aware that the types of law that individual law firms practice are as varied as physicians and their specialties. For example, Bordas & Bordas is a "plaintiff" personal injury litigation law firm so you wouldn't call us if you needed a divorce attorney. Some law firms are "defense" firms that only represent the defendants in personal injury cases. There are some that handle mostly real estate. Others' expertise lies in Workers Compensation, Social Security or bankruptcy work. There are those firms that practice only criminal law. Before coming to Bordas & Bordas I was fortunate enough to work in a few "general practice" law firms where they handled a bit of everything much like your family doctor who is a general practitioner. This proved to be a good thing for me career-wise because it enabled me to enlarge my field of knowledge in various types of legal work such as real estate, divorce, adoption, civil litigation and even a small amount of criminal defense.
Last week, I had the pleasure of graduating as a member of the Class of 2013 from the Leadership Wheeling Program. For those unfamiliar with the program, Leadership Wheeling is sponsored by the Wheeling Area Chamber of Commerce and seeks to introduce participants to the industry, history and culture of the Ohio Valley region. The Chamber first started hosting the program in 1987, and over 600 residents have participated since then.
I'm not much of a reader-never have been. But, from time to time, you might catch me picking up a book. And, I sure am glad I picked up this one,
"The Purpose Driven Life", by Rick Warren. Perhaps many of you have read it, but for those of you haven't, you may want to make a point to.
My mind is constantly churning. I'm always trying to figure out a solution or the reasoning as to why things happen the way they do and at the time they do. I cannot seem to stand by and watch people carry the weight of the world on their shoulders.
So, although you don't know it, I am the one who carries the weight of my own tribulations and yours too.
I am the one who goes home at night and worries for you. I am that stranger you never knew about who thinks of you in my prayers.
You see, when a parent who has lost a child or a child who has lost a parent or any person comes into this office because their dearest loved one is gone as the result of a negligent act of a stranger or the incompetence of someone who they were supposed to be able to rely upon and have trust in, as Geoff Brown's paralegal, many times I end up working on these very tragic cases.
April 27th was Tell a Story Day. While this is a little late, there is never a shortage of stories, and besides, every day should be Tell a Story Day.
It doesn't matter if it's fiction or non-fiction. It can come from a book or from memory. It can even be a story within a story. Either way, the story you tell can make a huge impact on those you share it with. Stories not only enlighten the listener, but they are an etching of our existence. Who knows, your story may one day be passed down from generation to generation-a mark you leave; your gift to the world. In honor of Tell a Story Day I give to you my story of three people who have made an impact in my life.