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.

 

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.

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.