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.

 

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

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.

If you fail to bring your action before the statute of limitations expires, your case will most likely be thrown out of court and you will lose out on any damages that you may have been entitled to.

Why Do States Have Statutes of Limitations?

The main reason for states to establish a statute of limitations is so that legal actions related to an accident or incident can be dealt with within a reasonable amount of time. It is not good for either the plaintiff or the defendant to let things drag on for too long.

For the plaintiff, the case becomes more difficult to win after too much time elapses, because relevant evidence tends to disappear or at the very least becomes harder to obtain after a number of months or years have passed. For the defendant, it is unjust to have the prospect of a lawsuit hanging over their head for an indefinite period of time. The bottom line is that having a statute of limitations provides a basic level of fairness for both sides.

Statute of Limitations for Civil Cases in West Virginia

Statutes of limitations are set for each type of civil case in West Virginia as follows:

  • Personal Injury: Two years from the date that the injury occurred.
  • Wrongful Death: Two years from the death of the victim.
  • Medical Malpractice: Two years from the date that the malpractice was discovered or should have reasonably been discovered. Medical malpractice cases also have another deadline known as the “statute of repose”, which is usually 10 years from the date of the injury. This is the final deadline that any plaintiff has to file a medical malpractice lawsuit.
  • Property Damage Only: Two years from the date that the damage occurred.
  • Breach of Contract: Two years from the date that the breach occurred.
  • Libel or Slander: One year from the date of the most recent noted incident.
  • Workers’ Compensation: Three years from the date that the injury was diagnosed or from the last exposure to a hazardous substance.

There are some exceptions to the statutes of limitations listed above:

  • Injuries to Minors: With most personal injuries that involve minors, the statute of limitations is two years from the date that the minor turns 18 (in other words, when the person who suffered the injury turns 20 years old). For example, if a minor was injured at the age of 14, they would have six years during which they could file a lawsuit. The rules are different in medical malpractice and wrongful death cases.
  • Delayed Discovery: With the vast majority personal injury cases, there is a discovery rule extension, meaning that the deadline can be extended if the plaintiff did not discover their injuries or losses until after the date of the underlying accident. In cases like these, the clock will normally start on the date in which the plaintiff discovers their injury.
  • Tolled Deadline for Criminal Cases: If there is an ongoing criminal case involving the same defendant as the civil case, the courts will normally “toll” (i.e., pause) the statute of limitations until the criminal proceeding is completed.

Contact an Established West Virginia Personal Injury Firm

If you or someone close to you got injured because of another party’s negligence or reckless actions, it is important to take prompt legal action in order to ensure that the statute of limitations does not expire. If the injury occurred in West Virginia, contact Bailey, Javins, and Carter L.C. for assistance. To schedule a free consultation with one of our attorneys, message us online or call our office today at (800) 497-0234 or (800) 296-6979.

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.

How do I know if I have a personal injury case

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.