medical malpractice

What entails a catastrophic injury?

When you are involved in an accident, your injuries may be severe. The reality is that you may have to deal with mounting medical bills, lost wages because you cannot attend work, and a decrease in the quality of life due to the inability to conduct your life in the same manner that you once could. Of course, some injuries are far more severe than others. There are two general categories of injuries; your usual injury such as a broken bone and a catastrophic injury, which is much more severe.

Catastrophic injuries are those that do not heal in the same way that a broken bone would after a few weeks. These injuries have permanent impacts on a person’s life and may never be able to go about their life in the same way they used to ever again. Catastrophic injuries include traumatic brain injuries, amputations, spinal cord injuries, loss of hearing, vision, or the ability to speak, burn injuries, and more.

The severity of a catastrophic injury should not be taken lightly. They typically have much higher medical bills than injuries that are easily fixed. You may have to undergo a multitude of surgeries over the course of several months or even years, lose your ability to work altogether, and be forced to hire a person who can assist you in your daily life. Your basic freedoms may be taken away from you. The price of independence is higher than many people ever realize until they are put in a situation where theirs is taken away from them due to a horrific accident.

It is crucial that if you are involved in a serious accident and have obtained catastrophic injuries, you contact an experienced personal injury attorney who can help you recover compensation for your injuries.

If you require strong and dedicated legal representation for a personal injury case in West Virginia, contact Bailey, Javins, and Carter, L.C. to schedule a free initial consultation. 

product liability lawyers in West Virginia

What should I know about product liability?

When you purchase a product, you never expect that using it will cause result in the injury or death of you or a loved one. Unfortunately, this happens a lot more than many people realize and they are unsure as to whether or not they can bring a lawsuit to recover compensation for these injuries or wrongful death. If you believe that you have been injured because of a defective product, your first step should be to contact an experienced product liability attorney.

Once you have retained the services of an attorney, they will have to conduct an investigation as to why you were injured and any deficiencies that the product has. This investigation will take a look into each and every step in the creation and marketing of the product. The designs of the product will have to be looked into, the process of actually turning those designs into a physical product will be examined, and even the labeling and marketing of the product will be taken into account. Though the first two are pretty self explanatory, some people get confused as to why the marketing matters. It is important that the labels state all of the proper information. For example, if a label on a food product neglects to disclose that the product was made in the same location as peanuts were processed, a person who has a serious peanut allergy may have a severe reaction that could result in hospitalization or death. These deficiencies should not be taken lightly.

A thorough investigation of a product can reveal who is liable for the accident. These investigations may be lengthy depending on the particular situation. It is important that you have a dedicated attorney who can assist you in recovering compensation for a product liability case.

If you require strong and dedicated legal representation for a personal injury case in West Virginia, contact Bailey Javins, and Carter, L.C. to schedule a free initial consultation. 

What should I know about premises liability?

When you are injured on property that is owned by another person, whether it is private or public property, there is always someone who can be held liable. In order to bring a successful personal injury lawsuit, you will need to determine who the responsible party is. Homeowners and the owners of any other type of property are responsible for maintaining that property in a safe condition. If you can prove that the property owner should have reasonably known about the condition that caused you to be injured, you will have a much easier time bringing a successful case against them.

If you are injured on someone’s property, you should try to take pictures of the conditions that caused you to become injured, if at all possible. This makes it much easier for you to prove that there were existing unsafe conditions and the property owner was neglectful when you bring your lawsuit against them. This is especially important on properties such as when you are injured in a store or on an icy sidewalk that is owned by a municipality. Weather conditions change rapidly and if there is a spill in a store, it is quickly cleaned up. You should notify authorities or any available store management of your injuries immediately so they are aware of the conditions that existed to cause the accident. In addition, when you are injured on someone else’s property or in any other accident, you should contact an experienced personal injury attorney who can assist you in obtaining compensation for your injuries.

Every injury case is unique and fact-specific. If you were injured on someone else’s property, you can turn to Bailey, Javins & Carter, L.C., with confidence.  Contact our firm to schedule a free initial consultation with our personal injury lawyers in Charleston, Logan or Summersville.

nursing home neglect

What are independent medical examinations?

When you are injured in an accident and make the decision to pursue a lawsuit against the liable party, you may have to submit to an independent medical examination. These are sometimes referred to as defense examinations. This is because the doctor who conducts these exams are working for “the other side,” or the person who you are bringing the lawsuit against. You should be aware that they may try to claim that your injuries are not as serious as they truly are. This is because they are trying to make sure that the other party does not have to pay as much money as they would if they were to report the full extent of your injuries.

Throughout the course of your examination, you should be sure to tell the doctor conducting the exam exactly what your injuries are as a result of the accident. You should not exaggerate the extent of your injuries because the medical professional that is conducting the exam will be aware that you are trying to get more money out of them. This can ultimately backfire and harm your case in the end. Your best bet is to remain honest with the doctor and you should be just fine.  Don’t try to combine other injuries that are unrelated to the accident because the doctor will be able to tell that you obtained that injury at a different time.

If you require strong and dedicated legal representation for a personal injury case in West Virginia, contact Bailey Javins, and Carter, L.C. to schedule a free initial consultation. 

How are personal injury attorneys paid?

When you are injured in an accident, many times, you may want to bring a lawsuit against the party who caused the accident in an attempt to recover compensation. The money that you recover can assist you in paying for mounting medical bills, time out of work, pain and suffering, and the inability to perform the actions you never thought twice about being able to do. Obtaining injuries in an accident can have serious consequences and can affect you for the rest of your life, depending on the severity of those injuries. In order to bring a lawsuit against the party who is liable, you will need to hire an experienced personal injury lawyer.

Many people fear that they cannot afford to hire a personal injury lawyer. They realize that they are missing time out of work, have increasing medical bills, will have to pay for rehabilitation services and may even need to hire help around the house because they cannot clean or walk their dog as they once could. The fear that a person will send themselves into financial turmoil should not stop them from pursuing a personal injury case. What many people don’t realize is that they can afford to hire a personal injury attorney because these types of attorneys are paid on contingency fees. This means that they don’t pay anything out of pocket. The way a personal injury attorney is paid is through a percentage of the money that they recover when they win a lawsuit. If the attorney does not succeed in winning the case, the client does not owe them any money.

The bottom line is, you will be better off if you pursue a case against the liable party after you have been injured. If the case is successful, you may walk away with the compensation you need to pay for the medical expenses you are facing.

If you require strong and dedicated legal representation for a personal injury case in West Virginia, contact Bailey Javins, and Carter, L.C. to schedule a free initial consultation.