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Author Archives: Stuart Calwell

The Most Innocent Victims of the Opioid Epidemic Are In Danger of Being Left Behind

In a recent opinion piece, one of our co-counsel, R. Booth Goodwin II, in the fight for compensation for the most innocent victims of the drug epidemic lays it on the line. The headlines are frequent. The danger to innocent children being left behind is unfathomable. There is a massive group of lawsuits brought on… Read More »

Five Steps to Take Immediately After Learning Your Infant Is Injured in Delivery

The devastation of learning that your newborn was harmed during birth or in the womb can be all- encompassing, making it difficult to know what to do next. But whether your baby’s injuries resulted from the misuse of forceps or vacuum extractors, the misdiagnosis or mistreatment of maternal medical conditions, or from other instances of… Read More »

Helping Recover Damages for Babies Born Dependent to Opioids

Did you know more babies are diagnosed with Neonatal Abstinence Syndrome (NAS) in West Virginia than anywhere else in the U.S.? Families from all backgrounds have been devastated by the opioid epidemic. As reported in a recent news article, plaintiff attorneys, state attorneys general, and representatives from the “Big Three” drug distribution companies met on… Read More »

Alcohol and Drug Withdrawal in Custody Can Be Deadly

A person who is dependent on alcohol or drugs should never be forced to go “cold turkey” while in jail or prison without close medical supervision, monitoring, and treatment by trained personnel. Alcohol withdrawal while in custody — which often happens when someone suffering from alcohol dependence is locked up without warning — can be… Read More »

Suicide in Prison Is Not an “Individual Choice”

Surviving family members are often mislead to believe their relative’s suicide was a private decision or was an individual choice. But thinking of suicide while in custody as an ‘”individual choice” means forgetting that many such incidents result from the negligent conduct of guards or other corrections officials. All you have to do is open… Read More »

The Cost of the Opioid Crisis on West Virginia Grandparents

The national opioid epidemic has taken a harsh and unexpected toll on older adults with grown children — especially in West Virginia, where the overdose rate is higher than it is in any other state. When these grown children can no longer parent effectively because of their addiction to heroin, painkillers or other opiates, many… Read More »

Personal Injury Protection and West Virginia Insurance Requirements

Personal injury protection (PIP) is a common coverage option auto insurance providers offer. It covers medical expenses and, in many cases, lost wages in the event of an accident. The major benefit of PIP coverage is that it pays out claims regardless of who was at fault for a crash. As a result, however, an… Read More »

Tips for Negotiating an Injury Claim with an Insurance Company

If you have suffered an injury in a car accident, you may need to negotiate a settlement with either your insurance company or the insurance carrier of the other driver. As long as you have provided an organized demand letter and have plenty of supporting documentation, your claims process will likely consist of just a… Read More »

What Is a Class Action Lawsuit?

A class action lawsuit is a type of civil claim filed by one person or party on behalf of a larger group that either has a similar claim or has suffered similar damages. These lawsuits may be filed in either state or federal courts. Class action lawsuits are most common when there are too many… Read More »

West Virginia’s Comparative Fault Rules for Personal Injury Claims

In 2015, West Virginia adopted a new set of modified comparative negligence (also known as comparative fault) laws for personal injury claims. The bill was signed into law March 2 of that year, and since then it has been the basis of determining personal injury damages in cases throughout the state. Below are some of… Read More »