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. 

car accident

West Virginia researcher says male pedestrians at higher risk than women

New research shows that men are two times more likely to suffer fatal injuries in a pedestrian accident than women. A researcher with the West Virginia University School of Public Health an Injury Control Research Center spearheaded the study. Researchers looked at data recorded in the United States 2008 and 2009. Worldwide, more than 1.2 million people are killed in traffic accidents and in the United States 12 percent of all traffic fatalities involve a pedestrian.

Some studies have previously suggested a higher risk of death for male pedestrians. However, few studies reportedly have been conducted that have looked deeply into the associated factors that may increase the risk of death, according to the lead researcher from West Virginia.

In seeking to discern what may lead to the apparent higher risk of death for men, the researchers looked to see whether distance traveled could be a factor. However, research shows that on average males and females walk about the same distances each day overall. But data earlier studies have suggested that males seemed to have had a slightly greater risk of death when involved in a pedestrian accident.

The recent study showed that men are roughly 2.3 times more likely to be killed in a pedestrian accident when compared to their female counterparts. The lead researcher says that more scientific inquiry is needed to explain the greater apparent risk.

While the research focused solely on fatal injuries, it is important to note that any pedestrian can be at risk for serious injury. People are no match for an automobile or other form of vehicle. Although the studies suggest that men can be at higher risk, women are obviously not safe in an accident.

While the speed of the vehicle in any pedestrian accident can be a factor in the degree of injury a victim may suffer, it is also important to note that other hazards exist for pedestrians.

The impact of the vehicle can cause broken bones, internal injuries, head injuries and more. Similarly, the accident victim can be thrown into other objects that can cause serious injuries or death, such as the pavement, curbs, road signs and other hazards near an accident scene.