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How to File a Lawsuit

Published on Apr 27, 2015 at 2:22 pm in Personal Injury.

Filing a lawsuit has many legal advantages, mainly granting you the ability to seek financial compensation for another’s wrongdoing. But the process of actually filing a lawsuit isn’t as simple as saying you want to sue someone. Depending on the circumstances of your situation, the process could be short or lengthy, straightforward or complicated, but there are always a few steps you should always keep in mind when filing for a lawsuit. We’ve outlined them below:

1.) Legal standing: You can’t just sue anyone for any reason – you need to have a valid reason, such as suffering a personal injury. And just because someone has done you wrong, that doesn’t necessarily mean you can sue them. A professional attorney can help you first determine if you have the legal standing to sue someone.

2.) Check statutes of limitations: Once you determine that you have valid reasons to sue someone, you need to figure out if you can. Every lawsuit is subject to a statute of limitations – an expiring timeframe when action can be taken place – depending on the reasons behind the case. Again, seek the help of an experienced lawyer if you need help understanding legal statutes.

3.) Collect and fill forms: Commonly, you’ll need to create a cover sheet and a summary of your complaints, as well as obtaining an official summons. Certain cases, however, may require more forms from your county clerk’s office and an attorney can assist you in determining if you have them all or not.

Recent Disasters Reveal Needed Changes in Coal Industry

Published on Jan 16, 2015 at 2:20 pm in Big Branch, Elk River.

The coal industry has had a significant impact on the lives, families, and communities of West Virginia. Working in the coal mines is routine and commonplace for residents, so when disaster strikes, all are deeply affected. From the 2010 Big Branch Explosion to the 2014 Elk River chemical disaster, West Virginian’s know that mining accidents can strike at any time.

What does the Elk River chemical spill mean for the coal industry?

On January 9, 2014, the West Virginia Department of Environmental Protection received numerous complaints concerning something in the air that was affecting the local community. A few hours later, it was determined that the Freedom Industries Charleston Plant on the Elk River was leaking 4-methylcyclohexane methanol (MCHM), a chemical used to purify coal before it is burned. The leak was in a tank that had not been inspected since 1991, and 10,000 gallons of MCHM had leaked into the Elk River and into the water treatment plant.

Don Blankenship Seeks Gag Order, Trial Delay in Upper Big Branch Explosion Case

Published on Dec 19, 2014 at 2:13 pm in Mining Injury.

On April 5, 2010, an explosion occurred at the Upper Big Branch Mine in West Virginia, killing all but two of the miners that were at the site. Hailed as the worst mining accident in the United States since 1970, the Mine Health and Safety Administration determined that the cause of the explosion was due to flagrant safety violations on the part of Massey Energy. Over 350 citations were issued, leading to over $10.8 million in penalties. In addition, the former CEO of Massey Energy, Don Blankenship, was charged with conspiring to violate health and safety standards at Upper Big Branch Mine and lying to federal financial regulators about the safety measures employed in the blast that killed the miners.

Why seek a gag order in this case?

Recently, Blankenship informed a judge that he wants his criminal trial delayed for at least a year and his federal criminal case moved. He claims that he is unable to get a fair trial in West Virginia as a result of the negative publicity surrounding his involvement in the explosion. In addition, Blankenship seeks a gag order in the case, preventing news organizations from accessing the details shared in the courtroom. A gag order will further seal the court filings and prevent anyone involved in the case from speaking with the media or releasing court documents related to the case at all.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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