HUNTINGTON  -- Underwood Law Offices of Huntington caused some controversy April 14 by running an advertisement in newspapers urging families of miners killed in the Upper Big Branch Mine explosion to call the firm for legal representation.

The ads appeared in newspapers in Charleston and southern West Virginia.

"We have friends and family in coal mining and have represented miners in the past," the ad said. "To make sure you receive the best representation possible, we've teamed with a large national law firm that deals with big corporations every day. And we have already retained mining experts and top national consultants. In short, we've done everything possible to make sure you have the best opportunity to be compensated for your loss. Do not let Massey or their lawyers talk you into a quick settlement. Call us now."

The ads were in relation to the April 5 mine explosion at Massey Energy's Performance Coal Co. mine in the Raleigh County community of Montcoal. Twenty-nine miners were killed in the blast; two other miners were injured.

Mark Underwood, the firm's principal shareholder, said his heart goes out to the families. Personal experience led him to believe something had to be done to help the families.

“My grandfather was a miner in Mount Hope and he was killed,” Underwood said.

Underwood said his grandfather’s death left the family — which included his mother, then 8, and his two then 6-year-old twin uncles — financially strapped. The mine did not pay them any restitution; instead the children each received $45 a month from Social Security.

“I just wish someone would have looked out for my mother the way we are for the miner’s families,” Underwood said.

West Virginia Citizens Against Lawsuit Abuse said in an April 15 release that personal injury lawyers are wrong to be looking to profit from tragedy so soon.

"It's a shame that, in the wake of this horrible tragedy, a few greedy personal injury lawyers didn't even have the respect to wait for the last of the fallen miners to be recovered before they started jockeying for the chance at a big payday,” WV CALA Executive Director Richie Heath said. “There will be plenty of time to assess what happened. But now is the time for the families and our state to mourn this tragic loss."

According to WV CALA, Underwood’s advertisement soliciting clients from the tragedy appeared in The Charleston Gazette just hours after the bodies of the last fallen miners were recovered. That suggests “the advertisements were being designed even before the fate of several of some miners was known," the statement said.

WV CALA also said the personal injury firm is boasting of already having a national law firm on board ready to file claims at a moments notice.

Underwood said his firm is offering the services for free and has obtained the services of Washington, D.C.–based Ashcraft & Gerel LLP to consult on the possible cases. The firm is one of the largest individual case personal injury firms in the country.

“We obtained the services of Ashcraft & Gerel because we anticipate this to be the most heavily defended case in West Virginia history since the Buffalo Creek litigation,” Underwood said.

According to WV CALA, similar lawyer solicitations occurred in the wake of the 2006 Sago Mine disaster that killed 12 miners. In that situation, personal injury lawyers were rushing to the scene and working the media, seemingly to try to get their name out to anxious and grieving families.

"Sadly, this isn't the first time West Virginians have witnessed questionable ambulance chasing by personal injury lawyers in the wake of a statewide tragedy,” Heath stated. “WV CALA encourages individuals and lawyers to report any unethical conduct to the State Bar's lawyer disciplinary board, and urges our legislators to address this issue so that family members can have an adequate period to mourn their loss without being assailed by profit-seeking personal injury lawyers."

When asked if the ad was placed too soon, as half of the miners were yet to be buried at the time of the ad, Underwood responded that it wasn’t distasteful.

“These people need to talk to lawyers — any lawyer, whether it be our firm or another — before Massey has them sign any agreements,” Underwood said.

Massey CEO Don Blankenship announced in a Charleston newspaper that the company has established a 20-member team of executives to attend wakes and funerals for the 29 miners who died in the Upper Big Branch Mine.

In a release sent by Massey April 15, the company stated, “In the wake of this tragedy, the company is meeting with families and describing benefits that it will provide to them. These benefits are designed to ensure that no family will have to worry about missing a paycheck, paying a medical bill or sending a child to college.”

Beneficiaries will receive company life insurance payouts that amount to five times a miner's annual pay, Blankenship said in the interview.

The company is also making up the difference between the workers' compensation amount families would receive in any event and the straight pay a miner would have received had he continued working, Blankenship added.

That payout will last for the life of the widows, Blankenship said.

The company is also providing health benefits to survivors for at least 20 years, he said.

The company said in its release at least one Internet media source has inaccurately suggested that these benefits are being provided to settle lawsuits.

“This is absolutely untrue. These benefits are being provided by the company without any obligation by the families to agree to any settlement,” the company stated.

The release acknowledges the company is aware that personal injury lawyers have published advertisements seeking cases and that some personal injury lawyers have made efforts to contact some of the families.

Massey said it believes there will be an appropriate time to discuss settlement options with the families and if any proposals are made to the families, those families will be given a full opportunity to review those proposals with a lawyer of their choosing.

The company is concerned that the money from such a proposal will go to personal injury lawyers and not the families.

“Unfortunately, personal injury attorneys frequently take 30 to 40 percent of any settlement received by a family. The company hopes such a result can be avoided in this circumstance,” according to the release.

Underwood said he is glad Massey is taking responsibility for what has happened, but he is still leery.

“Beware of wolves in sheep’s clothing,” Underwood said, emphasizing that the families should seek counsel before signing any agreements.

Underwood said each miner had a life, a family and a story. He the civil justice system provides monetary awards, but just as importantly answers questions about what happened.

“These families have many questions that are unanswered, and this will help give the families the answers they are seeking to questions such as ‘What happened?’ or ‘Could this have been prevented?’ or ‘How am I going to pay for college for my kids?’” Underwood said.

Underwood also noted that this move is proactive until the investigation is complete into the cause of the explosion. “It could come out that this is a product liability case from faulty equipment or that Massey takes the full liability, but either way the families need to be compensated properly for their loss,” Underwood said.

Underwood added Massey maybe put out to be the scapegoat for the mining industry’s practices or government oversight issues even if it is or isn’t justified.

“I understand this state is known for corporate lawsuits, but if it is shown that they (Massey) broke the law, then they should pay the price,” Underwood said.

“They are not above the law and should pay just like anyone else should that breaks the law resulting in the loss of human life.”