D. Michael Burke

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.

West Virginia University College of Law

J.D.

1979

West Virginia University

B.A. | Biology

1976

Managing Partner

Burke, Schultz, Harman & Jenkinson

Current

People's Choice Award, Best Personal Injury Law Firm

Martinsburg Journal

2017

Top 10% in the USA, Personal Injury

Lawyers of Distinction

2017

Nationally Ranked Top 10 Attorney Award

National Academy Of Personal Injury Attorneys

2017

Nationally Ranked Top 10 Attorney Award

National Academy Of Personal Injury Attorneys

2017

10 Best Law Firms Client Satisfaction Award

American Institute of Personal Injury Attorneys

2017

Southern Trial Lawyers Association

Board Member

1993 - Current

West Virginia State Bar

Member

1979 - Current

Berkeley County Bar Association

Member

1979 - Current

West Virginia Association for Justice

Board Member

1979 - Current

American Association for Justice

Member

1979 - Current

4th Circuit

Since 1979

U.S. District Court - Northern District of West Virginia

Since 1979

U.S. District Court - Southern District of West Virginia

Since 1979

U.S. Supreme Court

Since 1986

West Virginia Supreme Court of Appeals

Since 1979

• Free Consultation
• Contingent Fees

Q. My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all

September 2, 2024

A: Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim for benefits. If the recovery is for wrongful death, a spouse, children, parents, siblings, and anyone equitably entitled to recover can make a claim for a portion of the settlement or jury award. The amount you are entitled to receive depends on your relationship to the deceased, compared to the others entitled to receive a portion of the recovery. Most of the time, in my experience, the beneficiaries of a wrongful death recovery work out a division of the recovery before the hearing on the distribution; if not, a judge hears evidence and makes a decision on the distribution of the proceeds after paying the medical bills, funeral and burial expenses, attorneys' fees and the costs of litigation. If the case is for an injury that did NOT result in death, the distribution will be by the terms of a will, or by the division set forth in Chapter 42 of the WV Code. ... Read More

Q. I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

July 3, 2023

A: You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was your friend injured, and where was the accident?

Michael Burke

Q. Medical malpractice

February 19, 2020

A: No. None of those errors, individually or collectively, is enough to justify a summary judgement. In West Virginia, the law favors the resolution of legal disputes on the merits, not on technicalities.

This is something you should be discussing with your attorney.