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D. Michael Burke Esq

D. Michael Burke Esq

Managing Partner at Burke, Schultz, Harman & Jenkinson
  • Personal Injury, Medical Malpractice
Claimed Lawyer ProfileQ&ASocial Media

I am a Martinsburg trial attorney and the founding partner of Burke, Schultz, Harman & Jenkinson. As a group, we have been serving people injured due to the negligence of others in the Eastern Panhandle of West Virginia for almost 120 years combined, making those responsible for injuring others accept that responsibility. We represent those hurt and the families of people killed in all types of automobile collisions, trucking accidents, and motorcycle wrecks, as well as other cases resulting in wrongful death and injury, including medical malpractice, and dog bites, forcing those at fault--and their insurance companies--to pay. A native West Virginian, I attended West Virginia University and was awarded a Bachelor of Arts degree in Biology in 1976, and received my law degree (J.D.) in 1979. While at WVU, I was elected Vice-President of the Student Body (1975-76) and in law school was a member of Phi Delta Phi legal fraternity. I have spent my legal career representing people against corporations and insurance companies, making sure that those responsible for causing injuries and deaths accept that responsibility and pay what is fair to those who were injured. In my 37 years of practice, I have tried dozens of cases to verdict, and have recovered tens of millions of dollars for my clients. In addition, I have been involved in over 30 appellate cases, arguing cases before the West Virginia Supreme Court of Appeals over 50 times, resulting in 22 printed opinions.

Practice Areas
  • Personal Injury
  • Medical Malpractice
Additional Practice Areas
  • Auto Accidents
  • Wrongful Death
  • Insurance Law
  • Motorcycle Accidents
  • Trucking Accidents
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
4th Circuit
U.S. District Court - Northern District of West Virginia
U.S. District Court - Southern District of West Virginia
U.S. Supreme Court
West Virginia Supreme Court of Appeals
Professional Experience
Managing Partner
Burke, Schultz, Harman & Jenkinson
West Virginia University College of Law
West Virginia University
B.A. | Biology
People's Choice Award, Best Personal Injury Law Firm
Martinsburg Journal
Top 10% in the USA, Personal Injury
Lawyers of Distinction
Nationally Ranked Top 10 Attorney Award
National Academy Of Personal Injury Attorneys
Nationally Ranked Top 10 Attorney Award
National Academy Of Personal Injury Attorneys
10 Best Law Firms Client Satisfaction Award
American Institute of Personal Injury Attorneys
10 Best Law Firms Client Satisfaction Award
American Institute of Personal Injury Attorneys
Top 100 Civil Plaintiff Attorney
The National Trial Lawyers
Best Law Firm
American Institute of Personal Injury Attorneys
People's Choice Award, Best Personal Injury Law Firm
Martinsburg Journal
Lifetime Achievement Award
America's Top 100 Attorneys
Professional Associations
Southern Trial Lawyers Association
Board Member
- Current
West Virginia State Bar
- Current
Berkeley County Bar Association
- Current
West Virginia Association for Justice
Board Member
- Current
American Association for Justice
- Current
Websites & Blogs
Legal Answers
35 Questions Answered

Q. I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS
A: I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent" doctor, who probably does a lot of work for Sedgewick. Call a local Workers' Comp attorney to see if you can reopen your W/C claim. Good luck.
Q. Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription
A: If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are very expensive (tens of thousands of dollars out of pocket), and--in West Virginia--require what amounts to an affidavit from another doctor stating that the first doctor committed malpractice before anyone can sue his or her doctor. In my opinion, an injury must be a permanent, life-changing event, and a case must be worth at least $250,000 in damages to risk the substantial outlay of money for experts, depositions, travel, court reporters, and other expenses, not to mention the extensive time required. These cases are usually defended vigorously, and often do not settle, requiring that the case go to trial. You should call a local attorney who handles medical malpractice cases, because the verdicts in your particular area might be significantly higher than they are where I practice.
Q. On December 8, 2017, my family suffered a house fire.
A: I suggest that you at least contact an attorney to discuss your potential case against your insurance company. You should also try to obtain a copy of the fire investigative report from the local fire department or chief, and from the State Fire Marshall's office.
Q. Can i take my dads estate to surpream court if i feel there are attorneys doing things wrong on my dads estate
A: There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and what have they done--or not done--that causes you to be dissatisfied? Answer those questions, and maybe someone can help you.
Q. With a wrongful death settlement, can it be fought if it isn't split even between siblings?
A: Yes, he can fight to receive a share of the wrongful death settlement. Whether he is successful depends on the facts, particularly the nature of his relationship with your grandmother. In West Virginia, a judge must approve the amount of a wrongful death settlement, the amount of the attorney's fee, and the distribution of the settlement to those who are entitled to make a claim to a portion of the settlement. The wrongful statute in West Virginia states: "In every such action for wrongful death, the jury, or in a case tried without a jury, the court, may award such damages as to it may seem fair and just, and, may direct in what proportions the damages shall be distributed to the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents and any persons who were financially dependent upon the decedent at the time of his or her death or would otherwise be equitably entitled to share in such distribution." It will be up to judge to determine if your uncle receives anything, and it largely depends on the loss of the relationship suffered by your uncle. If he cannot show that he suffered a loss from the death of his mother, the judge can award him nothing. The conversation between your grandmother and uncle might be considered by the judge in determining what your uncle receives.
Q. Two different people ran over two of my dogs , in a 15 minute period , while I was tending to my dog whisper a car came
A: It appears from your question that you do not know the identity of either of the drivers. Without knowing who the drivers were, it would be impossible to take action against them. Even if you knew who the drivers were, a civil case would have limited value in West Virginia. West Virginia law considers dogs to be personal property, and the measure of your loss is based on the fair market value of your dogs, in other words what you could have sold the dogs for. You might also be able to make a claim for punitive damages if you could prove that the second driver ran over your dog on purpose, but any punitive damage award would be limited.
Q. I need to ask....a few weeks back i received damage to car from the town I live around because a water worker did not
A: You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you out. Whether it would be worth taking your case to court would depend on the amount of damage you have suffered. A case against the town could involve whether you had the opportunity to see the pole stuck in the hole. If your damages are not too large, you could always file a claim in Magistrate Court without an attorney, but you would still be wise to speak with a local attorney, because there are notice requirements in some cases against governmental entities, and some immunities that may apply. Also, your auto insurance company may pursue a claim to recover from the town what it paid to you. If so, your company is required to collect your deductible, at the very least, and reimburse you for that expense.
Q. Lawyers put me out of Estate administration 4 days prior to settlement. I started the wrongful death and had contract.
A: I would need more factual information before I could give you any meaningful advice. The personal representative has the authority to settle the case. If you were in the class of persons entitled to make a claim for damages, you had a potential claim for damages from the wrongful death settlement. What was your relationship to the decedent? If you had no relationship, your recovery may be limited. You should contact another plaintiff's attorney in the Charleston area and discuss your options. I could discuss your situation, but I am too far from Charleston to actively represent you.
Q. Today in wv I was in a car accident...failure to maintain control, and 2nd offense driving on a suspended. Can I go to
A: Your question is out of my area of practice, but I believe that if you enter a not guilty plea, bail will be set. If you don't pay the bail, you will likely be held until you do make bail. If you plead guilty or are found guilty at trial, it's possible that you would be sentenced to jail. You should call a local attorney who handles criminal cases.
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P.O. Box 1938
85 Aikens Center
(Edwin Miller Blvd)
Martinsburg, WV 25401
Toll-Free: (800) 903-0901
Telephone: (304) 263-0900
Fax: (304) 267-0469