Areas of Practice

Over 86 Years of Demonstrated Success

If you’re facing a dispute involving your business or the businesses of others, the first thing you need to do is hire a lawyer with litigation experience. Litigation can happen in state and federal courts, as well as in private arbitration, depending on the case. Persinger & Persinger, L.C.’s team has more than six decades of legal experience and has litigated countless cases in order to protect our clients’ best interests. You want trust a firm who is known for their professionalism and advocacy – trust our West Virginia commercial litigation and arbitration attorneys to take your case and help you provide for a better future.

Arbitration & Litigation

Legal disputes can be handled through arbitration or litigation, and both can be effective, depending on your unique situation and what your relationship is like with the parties involved.

Arbitration

Arbitration is considered Alternative Dispute Resolution, and occurs when both sides agree to meet and respect the decision of the arbitrator, who is typically an attorney with experience in your respective fields. In this way, arbitration is known as a private settlement between parties because it doesn’t involve the court system.

Arbitration can be both voluntary and mandatory – it can be a required process for parties if they had a pre-established clause demanding arbitration if a dispute were to ever arise.

Litigation

While arbitration involves a private settlement, litigation involves going to court to settle disputes among parties. In court, the sides offer their facts and arguments through lawyers, which ends with the judge giving their decision. If parties don’t agree with the decision, they may make an appeal. The litigation process is often expensive, which is why many individuals attempt to try settling disputes civilly through arbitration.

Our attorneys in West Virginia have years of experience in both arbitration and litigation, and can provide guidance on which method of settlement you should veer towards, should you need it. We’re devoted to protecting our clients’ interests, both in and out of the courtroom, and know what we need to do in order to succeed.

Our Litigation Services

At Persinger & Persiner, L.C., we’ve litigated countless cases, and can use our demonstrated successes in order to help you succeed in your case.

Some of our services include:

Commercial disputes
Mineral leases and supply contracts
Royalty disputes
Coal, oil, and gas leases

We’ve also settled all kinds of disputes and can help you whether you’re involved in a class action, business tort, patent infringement, or breach of contract.

What is a Breach of Contract?

Business disputes most often involve failure to adhere to stipulations set forth in a legally binding contract. This can include late or non-payment, delays in performance, defective services or products, and much more. We can help your business determine if its contract has been breached by any other parties.

In order to determine a breach, our lawyers look for:

Existence of a valid contract
Evidence of the other party’s breach
Evidence of damage to you or your business

You need a team of experienced lawyers, like our West Virginia commercial litigation and arbitration attorneys, to be able to navigate the nuanced area of business disputes so that you don’t miss any evidence or details needed to support your case.

Protecting Your Rights to Wages & More

As an employee, you have legal rights and protections that shouldn’t be violated, especially by your employer. If you’re not being paid overtime, or you’re being discriminated against at work for any of the following, you deserve to seek justice:

Gender
Race
Disability

IIt’s important that you call our team of lawyers at Persinger & Persinger, L.C. to represent your interests.

We understand that it may feel daunting to go up against your employer or company, given their size and the power they wield, which is why our employment law attorneys in West Virginia are here to support you. With us on your side, you’ll never feel alone.

Types of Employment Law Cases

Employment law is an area of legal work that mediates the relationship between workers and employers, which can also include the government and labor unions.

Employees have certain rights that often are violated by employers, which include the right to be paid for the amount of hours they worked, the right to not be discriminated against, and more.

Common types of employment law cases our attorneys handle include:

Wrongful termination: Employers reserve the right to fire employees for their performance, failure to adhere to company standards, and more, but it is illegal to fire an employee based on discrimination, retaliation, or because you refuse to engage in illegal activity.
Wage and hour disputes: If your rights to legal compensation are being violated, you need to hire an employment lawyer. Common types of disputes include your employer paying you below minimum wage, or withholding a contracted bonus.
Overtime pay disputes: State law requires that employers pay their employees for any overtime hours they’ve worked. If your overtime pay is being withheld, this is breaking the law.
Employment discrimination: It is illegal to be treated differently or less than your coworkers based on factors including your race, gender, sexual orientation, religion, pregnancy, or disability.
Harassment: In the workplace, you should be spending your time doing your work and not having to feel threatened or bothered by a coworker or employer harassing you.

We Can Stand by Your Side

As an individual worker, it can seem intimidating to file a claim and go up against your employer, which can be an entire corporation or entity, which can include hundreds or thousands of individuals with their own lawyers. This intimidation often prevents workers from going to court.

However, when you hire our West Virginia employment law attorneys, you’re gaining a support system that can fight for your legal rights, and isn’t afraid to build a case against your employer. We’re on the side of justice, and it doesn’t matter to us whether those who are violating your rights have power.

We can work to explain your legal rights to you and help you understand if they’ve been violated, then present you with your options. We can also file complaints on your behalf, and if litigation is necessary, we’re not afraid to prepare. With over 65 years of combined experience, our lawyers know how to provide for our clients’ needs.

Setting You & Your Business on the Path to Success

If you want to start your own business and achieve your goals, you’ll quickly discover that it takes a lot of work – including legal actions – to get off the ground. You need to decide which kind of business you want, which will then require you to file the necessary paperwork to become legal, and then learn how to file federal taxes.

It can be overwhelming for anyone, which is why many business owners enlist the help of business lawyers. At Persinger & Persinger, L.C., our West Virginia business law attorneys have more than 65 years of combined experience and have helped countless people file their businesses correctly in order to start growing.

We want to help you thrive – you shouldn’t have to pay the cost for failing to file an important document.

Types of Virginia Business Law Services We Offer

As business lawyers, we provide a wide range of services to help you in all aspects of business law, whether it be creating or maintaining a business.

Over the past 12 years as a law firm, we’ve helped clients with:

Business Formation: Before you even open your doors, you need to take the steps necessary to file your business documents with the Secretary of State. There are various types of business entities you can choose depending on what kind of business you want to run.

Some common business entities include:

Sole proprietorship: A sole proprietor is someone who owns an unincorporated business by themselves.
Partnerships: A partnership exists between two or more people who share in the profits and losses of their business.
Corporations: When forming a corporation, shareholders exchange property or money for stock.
S corporations: S corporations can pass corporate income and losses through to their shareholders for federal tax purposes.
Limited Liability Company (LLC): Owners of an LLC are called members and can include individuals, corporations, and other LLCs.

While there are differences in entities, the primary purpose of all entities is to shield owners from individual liability.

Drafting & Reviewing By-laws: If you’re filing your business as a nonprofit organization or corporation, you need to write a series of by-laws, which are established rules that serve to manage or regulate the organization. Writing by-laws can be complicated and require the eye and experience of a business lawyer in order to be seen as legitimate and solid.

Some questions we help clients answer in reviewing by-laws include:

How many directors do you want on your board?
How long should each director’s term be?
What duties will officers have?
What are the responsibilities of members?

Drafting Articles of Incorporation: Articles of incorporation are documents a business needs to file with the Secretary of State to establish the existence of your business. They can be legally complicated – our lawyers can help you draft and file them efficiently so you can get started on your business opening.

Creating Operating Agreements: Limited liability companies need operating agreements, which govern the rights and duties of members. Operating agreements establish factors including the identity of members, the capital contribution of members, the dissolution process, and relative classes and powers of members.

What Are Mineral Rights in West Virginia?

Mineral rights are the ownership claims for natural resources located beneath a plot of land. Our state of West Virginia is known for being rich in natural resources, and as a result, there are many individuals who own land and minerals.

These natural resources include:

Coal
Oil
And gas

Some may have a good grasp of their mineral rights, having worked in the industry for years, while others have inherited mineral rights from their families and are unsure of what their rights entail.

If you own land and looking to transfer a lease, are having a dispute over royalties, or simply want legal advice on titles, our West Virginia mineral law attorneys can provide counsel.

Persinger & Persinger, L.C. has worked in the energy and natural resource industry for decades and can be trusted to advocate on your behalf.

Our Mineral Law Services

Navigating the natural resource industry can be confusing, especially when you’re facing a mountain of paperwork for leases and royalty payments.

Our lawyers have years of experience with:

Helping oil and gas operators
Working interest owners
Lessees and lessors
And royalty owners with their issues and transactions

No lease agreement is too complicated, and no dispute is too intimidating for our team to tackle. We’re devoted to protecting your rights as a land or mineral owner, as well as educating you so you can make informed decisions you can feel confident in.

We’ve worked on cases including:

Lease termination
Royalty payments
Gas and oil title examinations and easements
Mineral property and ownership disputes
Breach of fiduciary duty claims
Lease or selling of minerals
Breach of joint operating agreements
Preferential purchase rights
Transfers of ownership

If you own land or minerals, the last thing you want to do is take a risk and try to handle the paperwork yourself. If you’re selling or transferring ownership, you want to hire a mineral law attorney to oversee the transaction to ensure you’re getting the best end of the deal.

How Do You Transfer Inherited Mineral Rights?

After inheriting mineral rights, there is a short period of probate during which you can have the mineral rights transferred to you by the will executor. There will be a title search by the insurance company and an attorney to make sure the deceased did indeed have legal rights to the minerals, oil, or gas. After this process, if everything is in order, the rights will pass on to you.

Lease Negotiations & Ownership Disputes

In the area of natural resource, common situations that require the help of a legal team include lease negotiations and ownership rights disputes. By hiring a lawyer, you can avoid creating any more issues for yourself down the line.

Lease Negotiations

If you’re a mineral owner or a landowner, you want to get the best possible deal for your property – our team can help you with this with our negotiation skills. If you have a new lease, we can help you retain high upfront bonuses and royalty percentages. If you’re on a long-term lease, we can negotiate an amended lease to make sure you’re receiving the maximum value of your mineral rights in West Virginia.

We can also negotiate leases so that water supplies aren’t interrupted, surface rights are protected, and roads and equipment are all placed where you specify.

Ownership Rights Disputes

In West Virginia, it’s common for mineral rights from generations ago to be handed down to family members through wills or an inheritance, but sometimes, it’s unclear as to who owns what, and disputes arise. Royalty disputes are also common. Our mineral law attorneys have successfully litigated disputes between owners and can help you to protect your rights to land and resources through a thorough investigation and interpretation of the reservations.

Defending Your Right to Compensation

If you’ve been injured in an accident and want to file a personal injury claim, chances are, you’ll be communicating with an insurance company, whether it’s yours or those of others involved in the accident.

An example is if you’ve been involved in a car accident, you’ll be communicating with the at-fault driver’s insurance company. However, insurance companies generally want to save as much money as possible and can evade liability, or even work to place some of the blame on you.

It’s important that you hire a team of insurance law attorneys, like our West Virginia team at Persinger & Persinger, L.C., to represent your best interests. We have decades of experience in working with insurance companies and know how to build a strong case that will yield the results you want.

Insurance Disputes

Most people and employers buy insurance policies to avoid having to personally pay for property damage or injuries born from accidents.

However, sometimes insurance companies deny claims on the grounds of the particular claim not being covered, or that the individual’s conduct warrants their claim being denied.

If your insurance claim has been denied, don’t worry. A team of insurance lawyers can investigate your coverage and challenge it by gathering information and building a strong case.

What Are Grounds for Insurance Denying Claims?

An insurance provider can deny your claim for various reasons, including:

Uninsured claims: In many cases, individuals may think their insurance policy covers their claim, only to learn that the claim was never included. It’s important to know the stipulations of your policy before binding yourself to it – our lawyers can help you before you decide to buy a particular policy.
Fraudulent/false claims: Insurance companies will deny a claim if they believe the individual to have falsified information.
Material misrepresentation: Many claims are denied simply because the claimant has failed to keep their insurance company up-to-date, such as by informing them of a change in residence or purchase of a new vehicle. Our insurance lawyers can also help make sure you’ve provided all the information needed when buying an insurance policy so that your claims aren’t denied for a simple mistake like this.

Sometimes, insurance companies deny insurance claims for seemingly no reason. Our lawyers can tackle your case and prove to the court that they were acting in bad faith.

It’s important that you hire lawyers when you believe your claim has been unfairly declined, as an insurance law firm knows what to look for in order to prove bad faith.

Also Representing Those Involved in Mineral-Related Injuries

Our lawyers also have decades of experience in representing the legal rights of individuals who have been injured from extracting or transporting minerals. Miner workers place themselves in danger daily and can be injured in accidents such as methane explosions. Such accidents can result in catastrophic injuries including:

Spinal cord injuries
Head and brain trauma
Loss of eyesight
Loss of hearing
And more

We work tirelessly to make sure that injured individuals receive the compensation they deserve for their injuries, because we know that for many, this could be the darkest time of their lives.

Insurance companies should take full responsibility for their coverage – our West Virginia insurance law attorneys work hard to fight for the rights of the suffering.

While many individuals share a fear of flying due to the possibility of a plane crash, the reality is that most of them face a more dangerous situation each day that they commute to and from work: auto accidents. According to the World Health Organization, nearly 1.25 million people die in road crashes each year, on average 3,287 crashes a day.

Many of these road crashes are caused by negligent drivers who are either:

Impaired by drugs
Impaired by alcohol
Or who are distracted

If you’ve been injured in a crash, our West Virginia auto accident attorneys can look into your case and hold the other drivers responsible. Call Persinger & Persinger, L.C. now.

When Should You Contact an Attorney After a Car Accident?

After an accident, it is most important that you visit a doctor for any injuries you may have sustained during the accident. Then, as soon as you are able to contact an attorney, the better.

An attorney will provide you with instructions and take the immediate next steps necessary to ensure that you receive maximum compensation from the accident.

What to Do After an Accident

If you’ve been involved in a road crash, there are a number of steps for you to take in order to have the evidence you need for our lawyers to build your personal injury case. The number one priority is your safety – if you’ve been injured, seek medical attention immediately.

Other important things to do at the scene of a crash is to document everything: take photos of your injuries and damage to your vehicle and other vehicles, and collect the other driver/riders’ information and insurance company. It’s also crucial to collect any eyewitness statements and police reports.

When another driver is responsible for an accident, they and their insurance company will do what they can to avoid liability, or pass off some of the blame to you. By having solid evidence, we can hold insurance companies responsible so you can receive the compensation you deserve.

Most Common Types of Types of Auto Accidents & Causes

Depending on the vehicles involved, there can be different kinds of crashes with their own causes and resulting injuries. No matter the case, if you believe the driver who caused the accident was acting dangerously, you should hire a team of personal injury attorneys who can help you file a claim.

Road crash types include:

Car accidents, which typically involve rear-ending
Motorcycle accidents
Bus accidents, which often result in multiple injuries of those on board
Truck accidents, which often produce serious and fatal injuries due to size and weight, and involve underride crashes, jackknifing, and more

Though there are many factors that can cause a road crash, there are a few common causes that put the blame on one or more drivers.

Common causes of accidents include:

Impaired driving: Drivers are drunk or on drugs, which can reduce their response times or cause them to behave irrationally
Distracted driving: This includes texting while driving, or driving while talking on the phone, eating, or drinking
Reckless driving: Not signaling before changing lanes, not checking your blind spots, etc.
Speeding: When drivers exceed the speed limit, they may not have enough time to brake before hitting a slowed or stopped car in front of them; turns while speeding can also result in hydroplaning
Fatigue: More of a factor among truck drivers, as many of them drive long distances overnight with short breaks and can doze off at the wheel

What Are the Most Common Car Accident Injuries?

A car accident can be a traumatic experience that can cause painful injuries that impact you for weeks or even years to come. The force of car accident can cause injury to nearly every part of the body.

Even low-speed collisions can result in devastating injuries depending on the point of impact and the size and weight of the involved vehicles. Our attorneys can help you pursue full and fair compensation for your injuries and help you get the medical care you need to recover.

Some of the most common types of injuries caused by car accidents include:

Traumatic brain injuries
Spinal cord injuries
Whiplash
Broken bones
Cuts and scrapes
Amputation / limb loss
Neck and back injuries
Internal bleeding
Herniated discs
Post-traumatic stress disorder (PTSD)

Is West Virginia an At-Fault State for Car Accidents?

West Virginia follows a traditional fault-based system in regards to car accidents, meaning that drivers (or more accurately, their insurance companies) are financially responsible for any damage or injuries they should cause to others in the event of a collision.

As such, injured parties have a right to sue the driver responsible for their collision for compensation for economic and non-economic damages such as medical bills, lost wages, vehicle repair costs, and pain and suffering.

As a fault-based state, West Virginia drivers are required to maintain the following insurance coverage to legally operate a motor vehicle:

$20,000 in bodily injury insurance per person, per accident
$40,000 in bodily injury insurance per accident, for all persons
$10,000 in property damage protection
$20,000/$40,000 in uninsured and underinsured motorist bodily injury protection
$10,000 in uninsured motorist property damage protection

Failure to adhere to these insurance requirements can result in fines up to $5,000 and a possible license suspension. Unfortunately, these bare minimum limits are often inadequate to cover the costs of a collision, causing drivers to be financially on the hook for any damages that exceed the limits of their policy. Drivers also have the option to purchase additional coverage for themselves or others.

Can You Sue for Emotional Distress After a Car Accident?

If you were severely injured in an auto accident, you may be able to receive compensation for emotional distress. This compensation would be categorized as pain and suffering. Because each case is different, there is no guarantee for emotional distress compensation, but it is not an area to be overlooked when taking legal action.

How Long Does It Usually Take to Settle a Car Accident Lawsuit?

Car accidents, like most lawsuits, take a unique amount of time to settle based on the complexity of the case and can range anywhere from a few months to several years to resolve. If you are dealing with difficult injuries or damages, unclear witness testimonies or unreasonable parties, your case may take longer than desired to settle.

Can I File A Car Accident Claim After Insurance Pays?

Typically speaking, the answer is no. Most insurance companies decide on a fixed settlement amount, which cannot be altered after the fact. This information is usually included in the insurance agreement. Work with our firm for help on this!

West Virginia’s Car Accident Statute of Limitations

In the event that negotiations with the at-fault driver’s insurance company fail to yield a fair settlement, you may file a lawsuit against the insurance company or the driver themselves and pursue compensation through litigation. West Virginia has a two-year statute of limitations for car accident lawsuits, meaning that you must file a civil claim by the second anniversary of your collision for the court to hear your case.

If this deadline expires, you will lose your right to sue and will be unable to secure compensation for your losses. For this reason, it is important to get an attorney involved early after your crash to guard your rights and protect yourself against potentially costly pitfalls.

Damages We Recover

Our West Virginia auto accident attorneys work to provide a voice to the injured so their needs are heard.

When you become injured, it’s likely that you will rack up a debt that includes:

Medical bills
Lost wages from work
Property damages
And more

We fight for compensation so that you don’t have to worry about your financial issues as you recover from your injuries.

Giving a Voice to the Vulnerable

Getting injured in an accident is an experience no one wants to go through. As if the trauma of the accident is already difficult enough to cope with, you may be suffering from physical injuries sustained in the accident.

These accidents can cause minor annoyances as well as serious injuries that may change the rest of your life. While accidents are a natural part of life, you shouldn’t have to be in pain as a result of another person’s carelessness.

If you suspect another person or company is responsible for your injuries, Persinger & Persinger, L.C. is here to help. Our West Virginia personal injury lawyers have decades of experience in protecting clients during their darkest times and have achieved full compensation for them so they can move on with their lives.

Types of Personal Injury Cases

Personal injury as a law area covers numerous accidents that can occur due to someone’s recklessness, and some injuries may be compensated or covered differently depending on their severity, and who was involved.

The most common types personal injury cases include:

Auto accidents: which include cars, buses, bicycles, trucks, and motorcycles
Workplace accidents: which constitutes any accidents occurring in the workplace, be it in an office or a construction zone
Slip and falls: which can happen on icy sidewalks, wet roads lacking signage, and more
Wrongful death: in which case a family member files a claim on behalf of their deceased loved one
Product liability: which includes drug defects and faulty machinery
Medical malpractice: which can include birth defects and surgical errors

Our law firm focuses on helping those who have been victims of auto accidents and workplace accidents. If you’ve been harmed while driving or at work, we want to hear from you.

What Are the Most Common Injuries in Accidents?

Because accidents can happen in all kinds of ways, they also can produce a variety of injuries that range from minor to catastrophic – from injuries that can cause you to miss a few days of work, to those that put you out of your line of work completely and require lifelong treatment.

Injuries that you can suffer from include:

Cuts and abrasions
Whiplash, a common injury sustained after a car accident
Sprains and fractures
Broken bones
Burns
Neck and spinal cord injuries
Brain and head injuries
Mental trauma
Amputations
Paralysis
Death
Loss of senses including eyesight and hearing

Even if your injuries aren’t serious, you still deserve to seek justice for what you’ve had to go through. We believe that those responsible for causing injuries should own up to their mistakes.

How We Can Help

While injuries are already enough to suffer from and cope with, unfortunately, another result of accidents is that you have to pay for any damages. When you become injured after an accident, you might acquire medical bills from receiving treatment or staying in the hospital, which can be difficult to pay when you’ve missed work as a result.

You shouldn’t be held responsible for your financial burdens. Our team strives to seek justice for injured clients by recovering damages from those who caused your accident, and we’re not afraid to go up against large corporations if they’re the ones guilty.

You can trust our years of experience to help you recover from:

Medical bills
Lost wages from work
Property damage
Pain and suffering
Funeral costs (if your loved one passed away)
Loss of income if your deceased loved one was providing for your family

Are Personal Injury Settlements Taxed?

Not all settlements are taxed, but some may be. Typically a settlement is taxed because the money collected for the damages done is viewed as a form of income.

Devoted to Injured Clients

According to the National Safety Council, every 7 seconds, a worker is injured on the job. When you do the calculations, that adds up to more than 4.6 million workplace injuries a year.

It’s common to get into an accident at work, especially if your line of work involves hazardous conditions, such as construction work, where workers are often falling or getting injured by debris or other objects.

If you need help filing a personal injury claim, our West Virginia work injury attorneys can assist you. Persinger & Persinger, L.C. has years of experience in helping injured clients recover with the support of compensation and can help you, too.

What to Do If You’re Injured at Work

When you’ve been injured at work, you may feel flustered, stressed, and unsure of what steps to take. It’s important first and foremost that you seek medical attention.

While receiving treatment, you may want to collect a doctor’s documentation of your injuries, and then notify your employer of your injuries as soon as possible. By reporting your injury as soon as possible and having the documentation you need to show that you were injured at work, the sooner you can file for workers’ compensation.

What Are the Common Types of Workplace Injuries?

The top three workplace injuries that often result in losing days from work to recover include:

Overexertion
Contact with objects and equipment
Slip and falls

Many individuals overexert their bodies if their jobs involve constant lifting and lowering, and repetitive motions. Contact through objects can occur by being hit in the head or body by flying objects or faulty machinery, and slip and falls occur generally from falling from ladders or platforms. These types of accidents explain why many workers’ injury cases involve construction workers.

How a Lawyer Can Help

Our West Virginia work injury attorneys understand that this is a stressful time. You may be in pain from your injuries or struggling to recover from your mental trauma, and the last thing you want to have to do is try to comprehend the extensive work you need to file a personal injury claim.

Our team can help you recover damages, including: