Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPFrankovitch, Anetakis, Simon, Decapio & Pearl, LLP | WV Attorney2026-07-08T11:33:34Zhttps://www.faslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100638/2019/04/apple-touch-icon-75x75.pngOn Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Why does cholestasis of pregnancy require close monitoring?]]>https://www.faslaw.com/?p=520442026-07-08T11:33:34Z2026-07-08T11:33:34ZWhat is cholestasis of pregnancy?
ICP affects the normal flow of bile from the liver. The most common symptom of ICP is itchiness, especially on hands and feet, mostly without a rash. Doctors generally diagnose ICP using a combination of blood tests that can measure bile acid levels and evaluate liver function.
Once doctors diagnose ICP, they usually recommend closer monitoring throughout the remainder of the pregnancy. The reason for this heightened monitoring is that the risks associated with ICP can change as the pregnancy progresses.
Why is careful monitoring important?
Many women with ICP end up having a healthy pregnancy, but there is an increased risk of fetal distress, preterm labor and in extreme cases, stillbirth. For this reason, healthcare providers might recommend additional testing, regular fetal monitoring and careful planning of delivery based on the mother’s condition.
Because the risk can change as the pregnancy progresses, timely follow-up appointments and continuous monitoring are an important part of managing the condition.
When can medical malpractice concerns arise?
A poor outcome does not necessarily mean that medical malpractice happened. However, questions might arise if symptoms were overlooked, appropriate testing was delayed or the pregnancy was not carefully monitored after the ICP diagnosis.
Many women with ICP can have a healthy delivery with appropriate medical care. However, as this condition can increase the risks, timely diagnosis and careful monitoring are important. If any serious complications happen, reviewing the medical care given can help determine whether the acceptable standard of care was followed.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Distraction can take more forms than drivers may realize]]>https://www.faslaw.com/?p=520422026-07-05T02:55:24Z2026-07-05T02:55:24Zthree forms of distraction, and anything that is not exclusively driving-related will fall into at least one of those categories.
Cognitive distractions
This refers to what you are thinking about as you drive. You should be exclusively focused on navigating your way safely to your destination. However, it likely drifts to other things, such as what you need from the store, what you are doing later in the day or a chat you are having with a passenger. All those things act as cognitive distractions. Even daydreaming is a cognitive distraction.
Manual distractions
Your hands should be holding the steering wheel at all times when driving. If you take them off to do anything else, then you are physically distracted. This applies to everything from adjusting the air conditioning or changing the music to grabbing a bottle of water or pushing your hair out of your face. The moment a hand leaves the wheel, you are less able to control the vehicle.
Visual distractions
Your eyes need to scan the road around you to see what other road users are doing. They also need to see when the lights are changing and read the road signs. What they don’t need to be doing is reading billboards, gazing at interesting people or events on the sidewalk, taking in the view or looking at something or someone within your vehicle. Even a seemingly legitimate task, such as checking your route on the GPS, acts as a visual distraction.
Once you realize how often you get distracted, you can understand how often other drivers do as well. Distraction plays a role in many crashes, so it is always worth considering that possibility to explain why another driver caused a crash.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[How do you know if you have a personal injury claim in West Virginia?]]>https://www.faslaw.com/?p=520392026-07-01T03:07:23Z2026-07-01T02:58:35ZWhat makes a personal injury claim valid?
Most personal injury cases in West Virginia are based on negligence. To bring a successful claim, you typically must show four key elements:
Someone owed you a duty of care
That person breached the duty by acting carelessly or failing to act
The breach directly caused your injury
You suffered actual damages as a result
For example, drivers must follow traffic laws. If a driver runs a red light and causes a crash, that conduct may support a personal injury claim.
What types of accidents may qualify?
Many different types of incidents may give rise to a personal injury claim if negligence played a role. Common examples include:
The key factor is not the type of accident, but whether someone else’s careless or wrongful conduct caused your harm.
What damages can you recover?
If you have a valid claim, West Virginia law may allow you to seek compensation for both financial and personal losses. These may include:
Medical expenses, including future treatment
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Emotional distress in some cases
The value of your claim depends on the severity of your injuries and how they affect your daily life.
Does comparative fault affect your case?
West Virginia follows a modified comparative fault rule. This means you can still recover compensation if you are partially at fault, as long as you are not more than 50 percent responsible for the accident. However, your compensation will decrease based on your share of fault.
Why legal guidance matters
Personal injury claims often involve complex legal standards, insurance company investigations and strict deadlines. Even if your case seems straightforward, proving negligence and calculating damages can be challenging.
An experienced West Virginia personal injury attorney can evaluate your situation, gather evidence and help determine whether you have a strong claim. Early legal advice can also help protect your rights and prevent costly mistakes.
If you suffered an injury due to someone else’s negligence, understanding these factors is the first step toward deciding whether you have a viable case.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Dangers of counterfeit products for consumers]]>https://www.faslaw.com/?p=520362026-06-15T15:26:40Z2026-06-15T15:26:40ZHidden safety hazards
Counterfeit products might fail at any time and can expose consumers to significant risks, such as:
Fire and explosion
Electric shock or malfunction
Exposure to harmful chemicals
Choking hazard for children
Mechanical failure
As counterfeit products do not undergo the same testing and quality-control measures as original products, consumers might not be aware of potential safety issues until a problem arises.
Risks beyond physical injuries
Many consequences of counterfeit products can go beyond physical injury. A defective electronic device can damage the home or other personal property. A counterfeit car part can cause an accident if it fails.
In many cases, the person who bought the product might not know whether it is genuine or fake until something bad happens.
When counterfeit products cause harm
When a counterfeit product fails, consumers face injuries, property damage and unexpected expenses. If the product fails safety standards, it might cause injury, harm, financial loss or property damage.
Consumers who believe a counterfeit or defective product caused an injury or financial loss can benefit from learning about their legal options to protect their interests.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Can a faulty carbon monoxide alarm support an injury claim?]]>https://www.faslaw.com/?p=520342026-05-29T12:48:14Z2026-05-29T12:48:14ZWhen does the state require carbon monoxide alarms?
State law requires carbon monoxide alarms in certain places. These rules can apply to some new homes with fuel-burning heat or cooking sources. They may also apply to rental homes, apartment buildings, hotels, motels, long-term care facilities, schools and day care facilities.
Missing alarms could lead to misdemeanor penalties. However, West Virginia law says a violation of this alarm rule cannot be used as evidence of negligence in a civil lawsuit.
When might the alarm itself be defective?
The device itself may be the problem. It may have a poor design, a production error or unclear warnings. If one of these defects caused your injury, the manufacturer or seller may be held responsible.
A landlord or property owner could also be involved if the issue was maintenance, placement, replacement or ignored tenant complaints, instead of the alarm’s internal defect.
What evidence can help show what happened?
Preserve the device and all related documentation, including the receipt, manual and any recall notices. Additionally, gather supporting evidence such as photos of the installation site, maintenance requests, fire department reports and medical records.
Under the state's modified comparative fault rule, you can recover damages as long as your percentage of fault is 50% or less (not greater than the combined fault of all other parties). If your fault reaches 51% or more, you are completely barred from recovery.
Act quickly after a carbon monoxide injury
West Virginia generally gives injured people two years to file a personal injury lawsuit. That deadline can matter because alarms, readings and maintenance records may disappear over time. Preserving evidence early can help you understand whether the injury involved a defective product, a property safety issue or both.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[What to do after a dog bite in West Virginia]]>https://www.faslaw.com/?p=520312026-05-26T20:27:43Z2026-05-26T20:27:43ZSeek medical care and document the injury
To protect your physical health and preserve evidence, do the following immediately after an attack:
Wash the wound immediately with soap and water
Go to an urgent care clinic or emergency room right away to prevent infection
Save all medical records and discharge papers
Take clear photographs of the wounds, torn clothing, and the specific location
Medical care is the priority, but local officials also need to know about the animal.
Report the attack to local authorities
Contact the local police department or county animal control office immediately. In Weirton and across the state, authorities investigate the animal for rabies signs and create an official record. Gather the following details from the scene to include in your report.
The dog owner's name
The owner's physical address
Contact information for witnesses
Do not negotiate with the owner directly. It is better to wait for official reports to help clarify who holds responsibility for the attack.
How West Virginia law treats owner liability
State law holds animal owners accountable when their dogs run loose and injure someone. Victims can seek compensation for medical bills, lost wages and pain suffered. You do not always have to prove the dog had a history of aggression if the animal was running at large. Understanding liability shapes your next legal steps.
Protecting your options for recovery
Dog bite injuries require ongoing care, and victims should not have to pay for an owner's negligence. Reviewing your rights early prevents evidence from disappearing and keeps the focus on healing. Speaking with a personal injury attorney helps clarify the legal process. Prompt action gives you the best chance to address those unexpected medical bills.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Should you seek medical care after a minor motorcycle accident?]]>https://www.faslaw.com/?p=520282026-05-13T12:58:05Z2026-05-13T12:58:05ZWhy are some injuries harder to detect than others?
After an accident, adrenaline courses through your body. This natural response could mask pain and serious injuries. Conditions such as internal bleeding, concussions or soft tissue damage do not always show their symptoms right away. What feels like a minor ache today could develop into a significant problem tomorrow.
Some injuries also take time to manifest, potentially taking hours, if not days, to do so. By seeking medical attention immediately, you can create a record of your condition after the accident. This documentation could be valuable if your injuries worsen or if you need to file an insurance claim in the future.
Why is prompt medical attention important?
In Virginia, seeking quick medical care is vital because the state follows a strict contributory negligence doctrine. This means that if the court finds you even partially responsible for your accident, you may lose the right to recovery. Any evidence that your own delay worsened your condition could be used to bar your financial recovery entirely.
Visiting a doctor after an accident helps you establish an official medical record. This record shows that you took your health seriously and sought care quickly and with urgency. Insurance companies often look more favorably on claims that include immediate medical documentation.
If you wait several days or weeks to see a doctor, insurance adjusters might question whether your injuries are connected to the accident. They could argue that your injuries are the result of another, unrelated incident.
What type of medical care should you consider?
You have several options for medical care after a motorcycle accident. You might visit an emergency room if you have any concerning symptoms. For less urgent situations, an urgent care center or your primary care physician could be an appropriate choice.
The key is to seek evaluation from a qualified medical professional who can assess your condition properly. It may help to be honest about all your symptoms, even if they seem minor. Let the doctor know about any pain, discomfort or unusual sensations you are experiencing.
Prompt action can protect your interests
The choices you make after a motorcycle accident have the potential to shape your recovery, both physically and financially. By prioritizing your health now, you protect yourself from hidden complications and create a clear record of your condition.]]>by Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Delayed diagnosis: When medical errors become medical malpractice ]]>https://www.faslaw.com/?p=520222026-05-12T18:57:36Z2026-05-12T13:44:13ZWhat is a delayed diagnosis?
A delayed diagnosis is the time gap between the onset of a medical condition and its final accurate diagnosis. This delay may limit the treatment opportunities, worsening the health condition. In these situations, speaking with a medical malpractice lawyer may help patients take the right legal action.
Legal requirements for a medical malpractice claim
Under West Virginia law, a medical malpractice claim generally requires patients to prove:
Duty of care: A doctor-patient relationship exists, and the provider owes a duty of care once treatment begins.
Breach of the standard of care: The provider missed symptoms or delayed diagnosis in a reasonable time frame.
Causation: The delay directly caused additional harm or a worsened medical outcome.
Damages: The patient suffered measurable losses.
Meeting these requirements is essential to support a valid medical malpractice claim.
Steps to take after a delayed diagnosis
Patients who believe a delayed diagnosis caused harm should act quickly:
Get a second opinion to confirm the condition and prevent further delay.
Request medical records, lab results and doctor’s notes to document the timeline.
Contact a legal professional to review the case and assess negligence.
These claims rely on medical records, reviews and clear evidence.
Statute of limitations in West Virginia
In West Virginia, patients typically have two years to file a malpractice claim. In some cases, the deadline may extend if the injury was not immediately discovered.
West Virginia also has a 10-year statute of repose, which may prevent patients from filing a claim after that deadline passes.
Act quickly after a delayed diagnosis
A delayed diagnosis can have serious consequences. Some cases may rise to medical malpractice under West Virginia law. Taking action quickly can help protect a patient’s rights. Legal guidance may help families understand their next steps.
]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[What can families recover after a birth injury in West Virginia?]]>https://www.faslaw.com/?p=520202026-04-30T11:36:08Z2026-04-30T11:36:08ZWhether you noticed something was wrong during a routine checkup or watched doctors rush your newborn out of the room, a birth injury changes everything. The medical bills, long-term care costs and unanswered questions that follow can feel just as overwhelming as the diagnosis itself.
In West Virginia, your family has legal options and understanding them is the first step toward securing what your child needs.
Calculating your economic costs
The first category of recovery involves "economic damages," which cover the real costs your family faces. Birth injuries like cerebral palsy or nerve damage often require specialized therapy and home modifications; these costs add up fast.You may be able to recover expenses for past medical treatment and the projected costs of future care. Under West Virginia law, there is no limit on economic damages, which means the award can cover your child's full needs for life.
Navigating your non-economic limits
The second category covers "non-economic damages," which represent the human cost of an injury, such as pain, suffering and the loss of a normal childhood. Unlike economic costs, West Virginia sets a limit on these amounts.According to West Virginia law, a legal cap limits non-economic damages to an inflation-adjusted amount, approximately $358,000 as of 2026. However, in cases involving permanent disability or death, this limit goes up to an inflation-adjusted maximum of approximately $716,000 as of 2026. The state adjusts both amounts each year for inflation up to a set limit.
Protecting your legal rights
Timing matters when you are seeking accountability for medical errors. While most personal injury claims have a tight deadline, West Virginia has a special filing period for children. An attorney must typically file a legal action for a child injured before the age of 10 by their twelfth birthday or within two years of the date the injury occurred, whichever is later. Because every case is different and the rules are strict, including the 10-year filing deadline, it is best to get legal guidance to make sure your family's rights are fully protected.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP<![CDATA[Can posting on social media after an accident affect your claim?]]>https://www.faslaw.com/?p=520132026-04-15T13:18:06Z2026-04-15T13:18:06ZHow is social media treated in a motor vehicle accident claim?
When you file an injury claim, insurers assess the validity and value of your injuries. As part of this process, insurers may review publicly available information. This may include your social media profiles.
Specifically, insurers look for content that contradicts your reports of physical or emotional distress. For example, if you posted photos of yourself lifting objects despite reporting significant pain, it may be viewed as evidence of physical capability.
Furthermore, comments about how the car accident occurred might also be compared to your formal account for any inconsistencies.
What access do insurance companies have to your social media?
Despite privacy settings, your social media content may still be accessible in several ways. Public posts are accessible to anyone, including insurers. Content shared with friends may still become accessible if someone shares it beyond your intended audience.
If your injury claim escalates to a lawsuit, social media content is often considered discoverable evidence in West Virginia. Courts may grant requests for access to private posts if it is relevant to your case.
How should you use social media during an active claim?
You do not need to abandon social media entirely. However, consider pausing posts about your accident, injuries and physical activities during the claims process. Be mindful that your content may reach audiences beyond your intended circle.
If you have already posted content related to your car accident, avoid deleting it. Removing posts after filing a claim may be considered as spoliation of evidence.
Managing your online presence during a motor vehicle accident claim
Social media does not have to derail your accident claim. Your online activity is just one aspect, but it deserves careful consideration. Taking a few simple precautions can help protect your right to fair compensation.
If you are filing an injury claim after a car accident, it may be beneficial to seek legal counsel who can guide you through the process.]]>