West Virginia Personal Injury Lawyers
When someone suffers injury through no fault of their own, it can be a life-altering experience. The injury can keep you out of work for an extended period time as medical and other household bills start to pile up, causing a major financial hardship. On top of that, the untold physical suffering, fear of an uncertain future, and inability to do the things you once enjoyed can lead to a severely diminished quality of life.
At Bailey, Javins & Carter, L.C., we understand the enormous physical, emotional, and financial toll personal injuries can take, and we are committed to providing strong legal guidance and moral support during this difficult time. We are a nationally recognized firm with over 40 years of experience successfully representing those who have been injured through no fault of their own. Our attorneys focus primarily on personal injury law, and we have a successful track record with even the most complex cases.
We work closely with our clients, putting our extensive experience to work to thoroughly investigate their case and explore every potential legal avenue toward recovering maximum compensation. No matter what type of personal injury you (or someone close to you) may have suffered, we have the knowledge, skills, resources, and dedication to help ensure that all parties responsible (for your injuries) are held fully accountable.
What Type of Accident Caused your Personal Injury?
Some of the most common personal injury cases we handle include:
- Motor Vehicle Accidents: Each year, tens of thousands of individuals are killed, and hundreds of thousands are seriously injured in motor vehicle crashes on the nation’s roadways. While some accidents are due to circumstances beyond anyone’s control, most are caused by negligent or reckless actions.
- Commercial Vehicle Accidents: Semi-truck accidents are among the deadliest that occur on the roads. There are a number of potential factors that contribute to commercial truck accidents, and multiple parties that could potentially be responsible; including the truck driver, truck owner/lessor, trucking company, shipping company, or the designer or manufacturer of a faulty vehicle or vehicle part.
- Medical Malpractice: When we have a health issue and we go in to see a medical professional, we have a right to expect that we will be given proper care. Sadly, many of our nation’s medical facilities deliver substandard care, often resulting in various forms of medical negligence.
- Nursing Home Abuse/Neglect: There is a crisis in our nation’s senior care facilities. Aging demographics, industry consolidation, and other factors have created major staffing shortages in many nursing homes. The result has been on an alarmingly high number of nursing home abuse and neglect cases.
- Catastrophic Injuries: A catastrophic injury is one that is permanent, debilitating, and usually robs an individual of their ability to participate in gainful activity. We handle cases involving catastrophic injuries of all types, including brain injuries, spine injuries, paralysis, loss of limbs, burns, scars and electrical injuries.
- Premises Liability: We spend a lot of time during a typical week on the property of others. We go to work, shop and go out to eat at commercial establishments, or just go for a walk in the park. Owners and caretakers are responsible for the safety of those who use their property, and when an accident and injury results from their failure to keep their property safe, those who are injured have a right to compensation.
- Tree Stand Hunting Accidents: West Virginians love to hunt, but far too many hunters are injured in preventable accidents. Accidental gun discharges and tree stand falls are two of the most common reasons for tree stand hunting accidents, and these types of accidents are often due to negligence on the part of the gun or tree stand designer or manufacturer.
- Wrongful Death: There are few incidents in life that are more painful than the untimely loss of a loved one. And when a loved one’s death is caused by someone else’s negligence or reckless actions, those who are closest to the victim deserve to be compensated. In West Virginia, many wrongful deaths occur in the coal mines, oil fields, and other dangerous workplaces. These types of cases can be very complicated, and you need someone in your corner who has an in-depth understanding of the state laws and statutes, and the proven ability to successfully recover full and fair compensation.
Our Approach to Personal Injury Cases
The approach we take always depends on the unique circumstances of each case. It starts with an in-depth analysis of the facts and evidence to determine the root cause of the injury and which party (or parties) responsible. From there, we work tirelessly to construct the strongest possible case. From the outset, we prepare relentlessly for trial, and when needed, we are able to call on top experts from various fields to help substantiate your claim.
We are skilled litigators and strong negotiators. Whenever possible, we look to negotiate a settlement with the other side that fairly compensates our clients for their injuries. And because of our reputation and successful track record, the other side knows that we have the proven ability to litigate the claim if they are not willing to be reasonable. This results in most of our cases settling before we ever get in front of a jury. That said, we stand ready and able to pursue full damages at trial and upon appeal if necessary.
Damages Available from Personal Injury Claims
Those who suffer injury through no fault of their own are eligible for compensation not only for direct monetary losses such as medical bills, lost wages, loss of earning capacity, and property damage, but also for non-economic losses such as pain and suffering, emotional distress, loss of enjoyment, disfigurement, loss of consortium, and permanent disability.
In rarer cases in which the actions of the party responsible for your injuries were especially egregious, punitive damages may be awarded. Punitive damages are not meant to make the injured party whole, but rather to punish the responsible party for their wrongdoing and help deter them (and others) from similar behaviors in the future. In West Virginia, punitive damages are capped at $500,000 or four times the compensatory damages.
The statute of limitations for most personal injury claims in West Virginia is two years from the date of the injury. If you miss this deadline, you may lose out on your right to recover compensation for your injuries. This is one of many of reasons it is best to get in contact with a seasoned attorney sooner rather than later.
Free Initial Consultation with an Accident Lawyer in West Virginia
If you or a loved one suffered an injury that was someone else’s fault, Bailey, Javins & Carter, L.C. s here to help! Contact our firm to schedule a free consultation with our personal injury attorneys in Charleston, Logan or Summersville.
We work on a contingent fee basis. We do not get paid unless you do.