workplace accident attorney

Determining Liability for Workplace Accidents

Each year, more than 4.5 million workers in the US get injured on the job. This averages out to more than 12,500 injuries per day, 500+ injuries per hour, and an injury every seven seconds. According to the National Safety Council (NSC), the top three causes of workplace injuries are:

  • Overexertion: Usually resulting from too much lifting and/or lowering of heavy objects, repetitive motions, etc.
  • Object and Equipment Accidents: Getting struck by/struck against an object or piece of equipment, getting caught in a piece of equipment or machinery, getting caught, stuck, or crushed by a collapsing structure.
  • Slips, Trips, and Falls: Falling on a wet or slippery surface, falling from higher elevations, etc.

When an employee gets hurt in a workplace accident, they often believe that the only place they can go to get reimbursed for the losses related to their injuries is their employer’s workers’ compensation coverage. And while workers’ comp is a no-fault system that should provide some relief, the benefits available are quite limited. An injured worker can receive reimbursement for all necessary medical expenses, a percentage of lost wages for the time they missed from work, and there is some coverage available for disfigurement and other long-term injuries.

Unfortunately, workers’ compensation does not provide any coverage for the intangible losses an injured worker suffers, such as pain-and-suffering, mental anguish, psychological distress, and diminished quality of life. The good news is that there are often other avenues for recovery in workplace accidents that even many legal professionals are not aware of.

Who Could be Liable for a Workplace Accident?

Under most circumstances, an injured employee is not allowed to sue their employer for a workplace injury if the employer has workers’ compensation coverage. However, there are often parties other than the employer who could be held liable for the injury. When this is the case, the employer can file a personal injury lawsuit directly against the responsible party.

Determining liability for a workplace accident starts with a thorough investigation that examines all relevant facts and pieces of evidence, so you can get to the bottom of what happened and who ultimately caused the injury. This is why it is very important to work with a firm that has extensive experience with these types of cases, so their attorneys know what to look for and how to recover maximum compensation.

There are several parties that could be responsible for workplace accidents, these may include:

  • A contractor or subcontractor who was working alongside the employee who got injured.
  • An architect or engineer whose faulty design causes a structure to collapse.
  • The driver of a vehicle that crashes into an employee’s vehicle while they are on the clock.
  • The owner or caretaker of a property whose negligence causes an employee to get injured while working off-site.
  • The manufacturer or seller of a defective or dangerous piece of equipment or machinery.

Case Study: Injured Coal Worker Secures Seven-Figure Product Liability Settlement from Machinery Accident

Recently, BJC was involved in a case on behalf of a coal worker whose left arm got caught in the drill chuck of a roof bolting machine. This caused his arm to break, and he hung by his broken arm for about an hour until his coworkers finally cut his sleeve loose and freed him. The injured worker went to other attorneys who told him there was nothing they could do, but when we examined the case, we found that the seller of the sleeve was the responsible party.

It turned out that these sleeves were marketed to the coal industry as personal protective equipment (PPE), but no warnings whatsoever were given about the dangers of wearing a highly tear resistant sleeve while working with rotational equipment. The worker has several permanent injuries, and he can no longer do his job or participate in many other activities that he once enjoyed. The defendant recently agreed to pay our client a seven-figure settlement for his losses.

Injured in a Workplace Accident in West Virginia? Contact Bailey, Javins, and Carter L.C. for Assistance

If you or someone close to you suffered a workplace injury, you may have legal avenues outside of a workers’ comp claim. At Bailey, Javins, and Carter L.C., we have more than four decades of experience standing up for working people, and we can meet with you to thoroughly assess your case and go over all of your options.

The consultation is totally free, and if we end up taking your case, we will not charge any attorney fees unless we recover compensation on your behalf. All it costs you is a little bit of your time to find out where you stand. To get started, call our office today at (800) 497-0234 or (800) 296-6979 or message us online. We look forward to serving you!

 

distracted driving, and car accidents

What Percentage of Auto Accidents are Caused by Human Error?

There are numerous reasons why a car accident may occur. Driver negligence, bad weather, poor road conditions, and the negligence of third parties could all be contributors, and sometimes, they are caused by a combination of several different factors.

Most of the time, auto accidents are preventable. The National Highway Transportation Safety Administration (NHTSA) found that somewhere between 94% and 96% of all motor vehicle accidents are caused by some type of human error. Other studies show slightly lower percentages, but the general consensus among experts is that human error contributes to at least 90% of the auto accidents that occur on the roadways.

Most Common Causes of Auto Accidents

The NHTSA identifies several different reasons why car accidents occur, and the majority of them would fall under the category of driver negligence or carelessness. Among these include:

  • Speeding: More than 9,000 individuals are killed each year because of speeding. We have all done it at one time or another, and for many motorists, speeding is common practice. But no matter how “normal” it seems, speeding endangers the lives of everyone on the road. When a driver is traveling too fast, they have less time to slow down and react to adverse conditions on the road. In addition, collisions at higher speeds tend to result in more severe and catastrophic injuries.
  • Aggressive/Reckless Driving: In our modern era, a lot of people are trying to juggle a busy schedule. And in a rush to get from one place to another, it is tempting to cut corners by driving aggressively or in some cases, recklessly. Excessive speeding is one example of aggressive or reckless driving, others include tailgating, illegal or dangerous passing maneuvers, and running red lights or stop signs. All such behaviors heighten the chances of a vehicle accident.
  • Distracted Driving: Motorists have more distractions these days than ever before. Among the worst of these is the temptation to send and receive text messages on a cell phone. Texting while driving is especially dangerous, because it distracts drivers in three ways; visually, manually, and cognitively. This pulls the driver’s entire focus away from the road, causing them to miss important details such as a vehicle slowing down in front of them.
  • Drunk Driving: A 15-year study that was published in S. News & World Report found that 37% of all motor vehicle deaths involved at least one intoxicated driver. 29 Americans die every day because of drunk driving and countless more become seriously injured. In addition, alcohol-related crashes cost our society more than $44 billion each year.
  • Drowsy Driving: According to the National Sleep Foundation, 41% of drivers surveyed admitted that they have fallen asleep at the wheel at some point in their lives, and 10% reported that they have done it in the past year. This is obviously extremely dangerous, but even if a tired or fatigued driver does not fall asleep, they still have slower reaction times, and their peripheral vision is limited as all of their facilities must be used to try to stay awake.

Third-Party Liability for Car Accidents

Liability for some auto accidents might fall with a party other than the drivers involved. If this is the case, it may be possible to file a personal injury claim directly against the responsible party. Examples of third parties that could be at fault for a motor vehicle accident include:

  • Vehicle passengers who grab the steering wheel or otherwise distract the driver.
  • Vehicle owners or lessors who negligently entrust the car to someone who is known to be an unfit driver.
  • Employers whose employees cause accidents because they were improperly vetted or poorly trained.
  • Establishments who serve alcohol to a driver who is clearly intoxicated.
  • Mechanics and auto shops who perform negligent maintenance or repairs which contribute to the accident.
  • The manufacturer, supplier, or distributor of a defective or dangerous vehicle or vehicle part.

Auto accident cases that involve outside parties are inherently more complicated than a standard vehicle collision case. An extensive investigation is necessary to identify any factors that could have contributed to the accident so all parties can be held fully responsible. This is why it is very important to work with attorneys who have in-depth experience with these types of cases and the proven ability to recover maximum compensation on behalf of injury victims.

Injured in an Auto Accident in West Virginia? Contact Bailey, Javins, and Carter L.C. for Assistance

If you or a loved one got hurt in a car accident, Bailey, Javins, and Carter L.C. is here to help. We can meet with you to thoroughly assess your case and advise you of all your legal rights and options. For a free consultation with one of our attorneys, message us online or call our office today at (800) 497-0234 or (800) 296-6979. We look forward to serving you!

 

what are the most common personal injury settlements?

What are the Most Common Types of Personal Injury Claims in the US?

Accidents and injuries are common, but when they happen because of the negligent or reckless actions or omissions of another party, they can become the basis for a legal claim. A personal injury action is a civil claim for which the sole remedy is monetary damages. These can include damages not only for direct economic losses such as medical bills and lost earnings, but also for intangibles such as physical and emotional pain and suffering, diminished quality of life, and permanent injury.

 

Five Most Common Types of Personal Injury Claims

Personal injury law can be applied to injuries that result from numerous types of accidents or events. Here are five of the most common:

 

Motor Vehicle and Transportation Accidents

There are about 275 million vehicles registered in the US, and a large percentage of Americans use their vehicles to commute to and from work every day. There are also tens of thousands of large commercial trucks that inhabit our roadways on a daily basis – transporting goods to and from every area of the country. Add in the numerous motorcyclists, bicyclists, and pedestrians, and it comes as little surprise that motor vehicle and traffic related accidents are a leading cause of personal injury claims. Most of these accidents are caused by some type of human error, and when this occurs, a personal injury claim can be used to help make the victim whole.

 

Slip and Fall Accidents

Slips, trips, and falls are another leading cause of a personal injury action. Those who own and operate a business or maintain a public space have a responsibility to keep their premises safe and free of hazards that might do harm to visitors. Unfortunately, they do not always live up to their responsibility. Substandard conditions such as wet and slippery floors, broken tiles or floorboards, cracked or uneven pavement, poor lighting, defective elevators and escalators, loose or broken handrails, and similar dangers can result in slip and fall accidents with serious injuries.

 

Workplace Accidents

A lot of slip and fall accidents happen in the workplace, and there are many other types of injuries that are common on the job. This is especially true in certain industries that are among the most dangerous, such as mining, building/construction, logging, and road construction work. While a workplace injury might fall under workers’ compensation, many of these injuries can also result in a personal injury claim if a party outside the employer contributes to it. Examples may include third-party subcontractors, faulty product manufacturers, and other vehicle drivers.

 

Medical Malpractice

Medical errors are among the leading causes of death in America, accounting for somewhere between 250,000 and 500,000 fatalities annually. Usually, a medical negligence claim would be filed against the hospital or doctor when this occurs. West Virginia is among the top 10 states with the most medical malpractice lawsuits.

 

Product Liability

Thousands of new products hit the market every month, and although they are supposed to go through rigorous testing and meet strict safety standards before becoming available to the public, some products are cleared before they have been proven to be safe. Dangerous and defective products injured thousands of Americans each year, and when this happens, an injury victim can file a product liability claim against the manufacturer, distributor, or any other party within the product’s supply chain.

 

How Does a Personal Injury Claim Work?

A personal injury lawsuit is generally pursued against the responsible party and/or their insurance company. In many cases, there is a negotiation process that takes place before a lawsuit is filed. The goal of negotiations is to reach a reasonable settlement that fully and fairly compensates the victim without the need to go to trial. Although most cases settle out of court, a victim has a much better chance of securing a favorable settlement when they are working with attorneys who have extensive litigation experience and the proven ability to recover full damages at trial.

 

Suffered a Personal Injury in West Virginia? Contact Bailey, Javins, and Carter L.C. for Legal Help

If you or someone close to you suffered an injury that was caused by someone else, you need strong legal counsel in your corner fighting hard to recover maximum compensation. If the injury occurred in West Virginia, Bailey, Javins, and Carter L.C. is here to help! Call our office today at (800) 497-0234 or (800) 296-6979 or message us online for a free consultation and case assessment.

 

personal injury journal

What Is a Personal Injury Journal and Why Should I Start One After Getting Injured?

If you were injured in a vehicle crash, a slip and fall on someone else’s property, a workplace incident that was perhaps the fault of a third party, or you suffered any other type of injury that was caused by another party’s negligence, an experienced personal injury attorney can handle all of the complex legal tasks with your claim and fight for maximum compensation. There are some steps that you can take to make your case stronger, however, and keeping a personal injury journal is one of them.

 

A personal injury journal is similar to any other type of journal or diary you might keep in order to record the important events of your life. The main difference is that this journal is focused on documenting the details of your accident, as well as your account of your recovery process.

 

One other thing to keep in mind about a personal injury journal is that, unlike other journals you might have kept throughout your life, this one might not stay private. Because your journal will contain details about your recollection of the events around your accident and recovery, it could be used by either side if your case ever goes to trial. This should not stop you from giving an honest account of the events as you see them, just remember this journal is not necessarily “for your eyes only.”

 

What Should be Included in a Personal Injury Journal?

There are several important things that could be recorded in your personal injury journal:

 

  • Details of the Event: One of the first entries that should be made in the journal should be a list of all the facts about the event as you recall them. Some details that should be recorded include the weather and other conditions, any hazards that you remember being present, the date, time, and location of the event, how it occurred, the name, contact information, and insurance information for the responsible party, the names and contact information of any witnesses, and the agency and name of any responding law enforcement personnel.

 

  • Medical Appointments and Care Received: You should receive medical attention immediately after an injury and follow all of your doctor’s recommendations from there. Record in your journal the date and time of each medical appointment and the important things that happened during the visit. Also keep a record of all the procedures, prescriptions, and other types of treatment you have received.

 

  • Time Missed from Work: If the injury is keeping you out of work, record all of the days that you have missed and the earnings you have lost.

 

  • Pain and Discomfort that You are Experiencing: During an injury recovery process, there is a natural ebb and flow from day to day. One day, you seem to be feeling better, then the next day, the severe pain returns. Note each day how you are feeling, what types of pain and discomfort you are having, and the frequency, location, and severity of the pain.

 

  • The Emotional Impact of Your Injury: How is the injury affecting your emotional outlook? Are you concerned about your future? Are you concerned about when you will be out of pain and back to normal? Do you have financial concerns because you are no longer able to work?

 

  • How the Injury has Affected your Quality of Life: Take note of the ways your injury is impacting your ability to live your life to the fullest. Are there some activities you have always enjoyed that you are no longer able to participate in? Do you have to depend on others to do things that you were once able to do yourself?

 

How Will a Personal Injury Journal Help My Case?

Keeping a personal injury journal can be very helpful for your injury claim, because it is your own first-hand account of everything that happened. Memories tend to fade over time, and people have a tendency to suppress memories of negative events, like extreme pain and suffering.

 

Keeping a journal allows you to document your daily struggles as you seek to recover from your injuries. This allows you to better contextualize the intangible losses you have suffered, such as the physical pain, anxiety, and emotional distress you have experienced. Your journal also gives you an opportunity to keep detailed records of your medical progress, which will be very important in showing the extent of your injuries, the treatments you have received, your recovery process, etc.

 

 

Suffered a Personal Injury in West Virginia? Contact Bailey, Javins, and Carter L.C. for Assistance

If you or someone close to you has suffered an injury that was caused by someone else, it is very important to work with an experienced personal injury lawyer. Your lawyer can provide additional details on what should be included in a personal injury journal, and they will guide you through all other aspects of your personal injury claim as well.

 

If your injury occurred in West Virginia, contact Bailey, Javins, and Carter L.C. for legal help. Call our office today at (800) 497-0234 or (800) 296-6979 or message us online for a free consultation and case assessment. We look forward to serving you!

 

 

personal injury lawyer in charlestown, west virginia

Understanding the Basics of Personal Injury Law

Personal injury is a complex area of law that allows an injury victim to go to civil court and pursue monetary damages. This is distinctly different from a criminal case which involves penalties such as fines that are paid to the state and jail time. The purpose of a personal injury claim is to compensate the victim for all losses suffered and to make them “whole”. Although no amount of money cannot make up for intangible losses like having to live with a permanent injury or losing a loved one, it is the best the legal system can do to provide just compensation and hold responsible parties accountable.

 

Personal injury law can apply to numerous situations, including but not limited to:

 

  • Accidents: Accidents happen all the time, and many of them result from the negligence or reckless actions of others. Some common types of accidents in which a personal injury claim could be filed include auto accidents, commercial vehicle accidents, motorcycle accidents, pedestrian accidents, and premises liability accidents.

 

  • Workplace Injuries: Some injuries that occur in the workplace may warrant a personal injury claim. This could apply to cases in which the injury was caused by the deliberate actions of the employer, or if the injury was caused by a third party.

 

  • Medical Malpractice: When someone with a health concern goes into see a medical professional, they have the right to be provided with an acceptable standard of care. Unfortunately, this does not always happen. Medication errors, surgical errors, emergency room errors, errors that result in birth injuries, and nursing home negligence are just a few examples of medical malpractice.

 

  • Product Liability: Thousands of products come onto the market each year, and many of them are defective and/or dangerous. When a faulty product causes injury to a consumer during the course of regular use, this could be grounds for a product liability claim.

 

What Must I Prove to Demonstrate that a Personal Injury Occurred?

In order to have a valid personal injury claim, you must prove four basic elements:

 

  • Duty of Care: The first thing you must show is that the defendant owed you a duty of reasonable care. For example, a vehicle driver has an implied duty to drive in a safe manner and take reasonable steps to avoid causing others harm.

 

  • Breach of Duty: After you have established a duty of care, you must show that the defendant breached this duty by their actions or omissions. For example, the driver was sending a text and did not look up in time to avoid hitting the pedestrian that was crossing the road in front of them.

 

  • Causation: Next, you must show that the defendant’s breach was the proximate cause of the plaintiff’s injury. Using the previous example, the pedestrian would not have been hit had the defendant been watching the road rather than looking at his/her phone.

 

  • Damages: Finally, you will need to show that the accident or incident caused by the defendant resulted in compensable losses. For example, the collision into the pedestrian resulted in several broken bones, an extended hospital stay, and several weeks out of work.

 

Pursuing a Personal Injury Claim

If a plaintiff has a valid personal injury claim, they can pursue damages not only for direct monetary losses such as medical bills and lost wages, but also for noneconomic losses such as pain-and-suffering, psychological distress, loss of enjoyment, and permanent injury. Noneconomic losses are more intangible and difficult to quantify, however, and this is where it is extremely helpful to work with an experienced personal injury lawyer. Your lawyer will guide you through the complex legal process, and they will accurately calculate the value of your losses so they can put you in the best possible position to recover full and fair compensation.

 

In many cases, a personal injury plaintiff will be dealing with the defendant’s insurance company. This typically involves a series of back and forth negotiations with offers and counter offers that each side considers. Most personal injury cases are settled out of court, because it is generally in the best interests of all parties involved to avoid costly and protracted litigation.

 

That said, you should enter the process with the willingness to take your case to trial, and you should be represented by an attorney with extensive trial experience and the proven ability to win these types of cases. Oftentimes, just the credible threat of litigation will be enough to bring the other side to the table and motivate them to agree on a reasonable settlement.

 

Contact an Experienced West Virginia Personal Injury Attorney

If you or someone close to you suffered injury at the hands of another party, you need strong legal counsel by your side advocating aggressively for your legal rights and interest. At Bailey, Javins, and Carter L.C., we have over four decades of experience successfully representing West Virginians with even the most complex types of personal injury cases. We work closely with our clients, providing the strong personalized representation they need and deserve.

 

Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule a free, no obligation consultation with one of our seasoned attorneys.