medical malpractice

What should I do if I have been injured in a shopping center?

When a person goes shopping, whether it be in the grocery store or to the mall, they never anticipate that they might end up getting injured in the store and leave in an ambulance instead of their own car. You expect that you walk into a store, you will get what you went there for and leave in the same condition that you got there in. However, there are a lot of scenarios that can happen while you are in a store that could injure you. Perhaps you are walking down the aisle of a grocery store and you slip and fall on a liquid that has spilled. Or, a display in a store was poorly constructed and falls on you. These accidents can cause serious injuries that result in mounting medical bills, time out of work, and the inability to conduct your life the way you normally did prior to the accident.

There are a number of things you should know about filing a personal injury case against a shopping center if you are injured in one. Before leaving the scene of the accident, you should try to take pictures of the unsafe conditions that injured you. In addition, you should contact the store managers to notify them that you were injured in their store before you leave. If you fail to do so, the company might come back and say they had no idea that anyone was injured in their store which could be detrimental to your case.

If you are injured in a store such as a shopping mall or a supermarket, you should contact an experienced personal injury attorney who can assist you in putting together your case against the responsible party.

If you require experienced legal representation for a West Virginia personal injury matter, please contact Bailey Javins & Carter, L.C. to schedule a free consultation.


car accident

What is the statute of limitations for a personal injury case in West Virginia?

When you are involved in an accident in West Virginia, you are probably going to pursue a case against the liable party. If you bring a lawsuit against the person or persons responsible for causing your accident, you may be able to obtain compensation for your hospital bills, rehabilitation services, lost wages, and pain and suffering that are the direct result of your accident.

One of the most important things that you need to know about filing a personal injury case is that you must file within the statutes of limitations that West Virginia has in place for these types of injury-related lawsuits. A statute of limitations means that you must file your case against the responsible party within a certain amount of time. If you do not file your lawsuit within this time frame, you will not be able to bring a case against them and therefore, you will not be able to collect compensation because you missed the deadline. In West Virginia, the statutes of limitations is two years from the date that your accident occurred.

Many people are not aware that the statutes of limitations even exist and therefore, they don’t act quickly on filing their case. If you do not file a personal injury case, you will be responsible for having your insurance company cover all of the costs of your injuries. If you are injured in an accident that another person is responsible for causing, you should contact an experienced personal injury attorney who can assist you in your case.

If you require experienced legal representation for a West Virginia personal injury matter, please contact Bailey Javins & Carter, L.C. to schedule a free consultation.


Lawyers in West Virginia

The Pros and Cons of For-Profit Law Schools

By now we’ve all heard of Trump University and the $25 million settlement that our new President had to pay to bilked students from his for-profit education scam.  This story and many like it have brought to light the issues with some private institutions and the risks facing students that have committed time, effort, and money into an education that might not return the favor. 

If you are thinking about enrolling in a for-profit law school, there are certainly some that are reputable.  How do you know who to trust?  Here is some information about the pros and cons of for-profit law schools as well as an update on the latest round of controversy with one of these popular schools.

What is a For-Profit Law School?

A for-profit law school is a private institution that is usually owned by a corporation.  The school operates as a business and the product it sells is education.  Usually, the stated goal of these schools is to provide a quality education to students so that they can be productive members of the workforce.  If the schools succeed in the long term, they make a positive return, or profit, for their owners.

The Pros of For-Profit Law Schools

For-profit law schools have some benefits, for both the student and the school.  These schools, by and large, have much lower admissions standards.  So, if your LSAT score wasn’t quite what you had hoped and you couldn’t qualify for admission to your first choice in law schools, you still have an option.

A for-profit law school also might be more flexible with some of its standards and schedules.  If you’re a single parent or want to earn a law degree either at night or partially online, one of these schools could provide more options than a traditional law school.

The Cons of For-Profit Law Schools

There are two major cons to for-profit law schools.  The first is that they’re expensive.  Most law schools are costly, but some for-profit law schools price their tuition with a particular strategy in mind.  They want students to take advantage of Federal student aid money, which has become simple to acquire with a few forms and a signature.

How expensive are these schools?  One company, InfiLaw, that owns three for-profit law schools, reports that more than 90% of graduating students incur educational debt to the tune of $204,000 or more.  When interest begins to accrue just after graduation, most of these students find themselves in debt up to a quarter of a million dollars, often with little means for repayment.

This brings us to the second drawback of these institutions.  As a whole, they don’t adequately prepare students to become lawyers.  To become a lawyer in any state, you must pass the bar exam.  Low admission standards and a poorly designed curriculum result in low bar exam pass rates for these students and insufficient post-graduate employment numbers.

The Charlotte School of Law

The Charlotte School of Law (CSL) is the latest of InfiLaw’s three for-profit law schools to receive close scrutiny from both the American Bar Association (ABA) and the Federal Government.  The school is an ABA-accredited for-profit law school, but has been penalized with three separate non-compliance findings by the ABA. Instead of taking steps to remedy these issues, the school concealed problems from both current and prospective students. The ABA placed the CSL on probation in November 2016.

The U.S. Department of Education (USDOE) certifies schools to participate in federal student aid programs. In December, the USDOE denied the CSL’s application for recertification.  The first reason was the ABA’s decision to place the school on probation. The second was a belief that CSL didn’t meet its gainful employment standard

In 2010, the USDOE adopted a standard that is meant to strengthen the federal student aid program. To meet requirements, a graduate’s student loan payments should be 12% or less of their annual post-graduate earnings.  Graduates of several InfiLaw’s for-profit law schools have debt-to-income ratios of 21% or more.

Relief Sought for CSL Students

On December 22, 2016, Bailey Javins & Carter (BJC) filed a lawsuit on behalf of four CSL students accusing the CSL, its owners, managers, and the U.S. Department of Education of breach of contract for failing to comply with both ABA and USDOE standards.  BJC’s complaint seeks remedies for students who have, or will have, devalued or incomplete degrees and asks for full student loan forgiveness.

If you have been harmed by a for-profit law school and need legal assistance, contact Bailey Javins & Carter.  Our experience legal team is eager to help you recover damages and to assist you in protecting your rights.  Call us today at (800) 497-0234.

What impact does social media have on my lawsuit?

When you are in the process of a personal injury lawsuit, you should maintain an awareness of the things that you post on social media. If you are the injured party and you are trying to have a successful case, you should not post anything that could jeopardize that. Let’s just your leg was injured in a car accident and you detailed in your case that you can no longer do the same activities you once could, such as hiking. But you chose to go hiking anyway and also chose to post pictures of the experience on your social media accounts. This could completely ruin your case because clearly, you are well enough to do such an activity and your injuries are not as bad as you made them out to be.

The attorneys involved on both sides of the case may monitor the social media accounts of all parties involved to keep tabs on who may be exaggerating their injuries for the case. It can also have an impact on the person who is on the defense in the case. For example, if they say that they saw you texting and driving in a car accident case to try to place some of the blame on you but then post on Facebook that they finally got new glasses and their vision is better than ever, that can take away from the validity of their statement claiming they saw you doing something. The bottom line is that when you are involved on either side of a personal injury case, you should not post anything about it to social media that can compromise the outcome.

If you have questions about the circumstances surrounding your case or something that you saw on social media that can impact your case, contact an experienced personal injury attorney who can assist you.

If you require experienced legal representation for a West Virginia personal injury matter, please contact Bailey Javins & Carter, L.C. to schedule a free consultation.


Accident Injury Lawyer - Bailey Javins & Carter

How do I know if I have a personal injury case in West Virginia?

When you get into an accident that someone else caused, you are likely facing a long road of rehabilitation and medical bills ahead of you. Your injuries may be so severe that you cannot even go to work or perform the tasks you normally would throughout the day such as cleaning your home or walking your dog.

You may be able to bring a lawsuit against the person who caused your accident. Some of the most common personal injury cases that we see include car accidents, slip and fall accidents, sidewalk injuries, coal mining injuries, fracking injuries, and hunting injuries. There is an endless list of ways someone can get injured and whoever caused the accident should be held responsible.

If you were injured on someone else’s property as a result of their negligence, you should try and take pictures of the scene before you leave to seek medical attention so you can prove that they were at fault during your case. If you do not have proof of how you were injured, it may be more difficult to collect compensation for your injuries. If you have been injured in any of the previously mentioned situations, you should contact an experienced personal injury attorney who can discuss the circumstances of your particular case to evaluate whether or not you will have a successful case.

If you require experienced legal representation for a West Virginia personal injury matter, please contact Bailey Javins & Carter, L.C. to schedule a free consultation.