West Virginia Personal Injury Office

local experience you can trust
For more than 30 years, Kaufman & McPherson, PLLC has helped many clients manage crises in their lives that require a legal solution. Our lawyers in West Virginia help their clients overcome legal obstacles to a secure future so they can start life anew.
Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated
Why Choose Kaufman & McPherson?
Video Preview Image
  1. Personal Attention
    Every individual who comes through our door needs guidance. We personalize service and respond to your needs.
  2. Effective Representation
    We know West Virginia and U.S. law and how to apply both to your circumstances. We pursue your goals for litigation vigorously.
  3. Trustworthy Guidance
    We know that being able to trust the personal injury lawyer managing your case can give you immediate peace of mind. We work hard to earn your trust each day.

Practice Areas

Auto Accident Attorneys

Auto Accident Attorneys

Our auto accident attorneys have an excellent success rate in all kinds of collision cases.

Learn More
Dog Bite Attorneys

Dog Bite Attorneys

We have more than three decades of experience helping West Virginians injured in dog attacks.

Learn More
Personal Injury Attorney

Personal Injury Attorney

An injury can change the course of your life. Let our personal injury lawyers fight for you

Learn More
Mass Tort Attorneys

Mass Tort Attorneys

Mass tort cases are distinctly complicated. Our experienced attorneys can help with your case today.

Learn More
 Defective Products Attorneys

Defective Products Attorneys

We have the experience and resources to prosecute a defective product case against anyone.

Learn More

Our Successful Recoveries

Below is a list of cases that will give you a sense of the different types of legal matters we have handled throughout our 30 years of practice.

Dog Attack with Serious Injuries

The problem:

Our client, a young female child, walked into a neighboring home to visit one of her friends. As she was in the kitchen, a Pitbull dog decided to violently attack our client. The attack caused serious injuries throughout the minor child’s body including multiple bite wounds, lacerations, and nearly tearing off the young child’s ear. Our client suffered substantial medical expense, permanent scarring throughout her body, and post-traumatic stress disorder as a result of the attack. It was determined that the dog owner rented the property, and that renter had no insurance of their own. The homeowner, who was the landlord, had homeowner’s insurance. That insurance company initially denied liability as they advised that they did not know a dog was even present within the household.

Our solution:

Our team went to work immediately and determined that the dog that attacked our client was a vicious dog that had been trained for fighting. In fact, while the dog was being quarantined at the animal control facility after the attack, someone broke into the animal control shelter and absconded with the dog, leaving the state. The authorities tracked the dog down out of state and brought it back to West Virginia where it was euthanized.

We were able to successfully convince the insurance carrier that their insured improperly inspected its rental property and failed to remove the vicious animal from their home prior to our client being attacked. We were able to obtain a 6-figure settlement for our client.

Once the court approved the minor child’s settlement, we worked with a structured settlement company to invest the child’s money so that she would have significant payments over a period of time after she turned eighteen.

View All Results

Uninsured Motorist/ Insurance Bad Faith

The problem:

Our client was traveling on a two-lane road in West Virginia in his work truck owned by his employer. While rounding a curve, a vehicle heading in the opposite direction lost control, crossed the center line, and caused a traumatic crash with our client’s vehicle. That crash caused serious injuries including compartment syndrome and resulting surgical procedures to his lower extremity. His injury caused substantial medical expenses, past lost wages, and lost earning capacity. Unfortunately, the at fault driver was uninsured at the time of the crash. Our client was fearful that he would never be able to work again and would not be able to receive compensation for his severe damages. Additionally, the uninsured motorist carrier for the employer denied coverage stating that the employer had not paid its insurance premiums. Based on the facts, we believed that was an improper denial of insurance coverage.

Our solution:

Our team filed a lawsuit in circuit court alleging that our client was entitled to recovery against the at fault and uninsured driver and was also entitled to a recovery from the employer’s and client’s insurance carriers. We included a claim for declaratory relief against the insurance company stating that they improperly denied coverage, added a count for declaratory relief against our client’s insurance carrier for uninsured motorist coverage, and alleged that the insurance company was acting in bad faith. Through the discovery process and litigation, we proved that the insurance company and its agent made false allegations and hid information in an attempt to avoid insurance coverage. After a significant amount of work, both insurance companies agreed to pay, and our client received a seven-figure settlement.

View All Results

Automobile fire

The problem:

Our client was seriously injured in an automobile fire while assisting another motorist as part of his employment with the State of West Virginia. The other motorist, who negligently caused the fire, was without insurance. Our client’s insurance company quickly paid the $20,000 state-mandated uninsured motorist coverage. However, the State of West Virginia denied that he was also entitled to coverage under the state’s $1,000,000 uninsured motorist coverage, claiming that he fell within an exclusion to the coverage because he was also entitled to workers’ compensation coverage.

Our solution:

We stayed the case pending the resolution of an appeal of a different case involving the same issue, of which we became aware while building our case. After that appeal was concluded, we negotiated a settlement which provided sufficient up-front revenue for our client to purchase a home and a car.

A major portion of this recovery was placed in a “structured settlement” which will provide monthly income to the client and his wife. It also provides favorable tax treatment for that recovery.

Additionally, a special needs trust was created which will be the payee of the settlement funds, thereby allowing our client to continue to receive governmental assistance with his medical care, which is a substantial additional benefit in light of his serious burn injuries.

View All Results

Contract violation

The problem:

Our client felt it had been underpaid under the terms of a coal brokerage contract.

Our solution:

After much investigation and several years of litigation, a seven-figure settlement was paid to our client.

View All Results

Phantom Vehicle/ Spoliation Case

The problem:

Our client was traveling on a two-lane rural road in Pocahontas County West Virginia when she was rounding a very sharp curve in her lane. While doing so, a logging truck traveling in the opposite direction crossed over the center dividing lines, and the rear tires of the logging truck trailer crashed into the front of our client’s vehicle. As a result of that contact, our client crashed violently into a nearby guardrail. The log truck kept driving, never to be found. The client suffered severe injuries, including fractures to her lower extremity which required surgical repair. A hit and run vehicle in West Virginia is called a “phantom vehicle.” If you can prove that the phantom vehicle contacted your vehicle causing injury, you are entitled to uninsured motorist coverage under your own insurance policy. Our client’s· insurance carrier denied coverage for our client’s serious injuries, claiming that we could not prove contact between our contact’s vehicle and the logging truck.

Our solution:

Our team went to work investigating the claim and determined that the insurance company was wrong in many ways. We determined that the insurance company had taken our client’s vehicle to a storage facility and later sold that vehicle for salvage before our client could obtain the proper evidence of contact between her vehicle and the logging truck. Our team filed a lawsuit in the circuit court alleging that the insurance company was guilty of “spoliation” which basically means that the insurance company failed to preserve evidence necessary for our client to prove her cause of action. We also alleged the insurance company was guilty of bad faith in its failure to afford coverage to our client. The insurance company hired an attorney, and we litigated this case. At mediation, the insurance carrier still offered zero dollars to resolve the claim. We continued to litigate this case over the next several months. A few days before the jury trial, the insurance company offered a sizeable six-figure settlement to resolve the claim. We settled the claim, and our client received the compensation she deserved.

View All Results

Auto accident

The problem:

Our client was injured in an auto accident. However, the investigating officer found him to be at fault and issued a traffic citation.

Our solution:

We believed the investigating officer had formed conclusions which were contrary to the proper interpretation of the mechanics of the accident, based upon the available evidence; therefore, we took the case.

The other driver’s insurance company initially refused to discuss settlement, but after we developed our case, we were able to negotiate a settlement favorable to our client.

View All Results

Improper calibration of medical equipment

The problem:

Our client had a bad result from a corneal lens implant. Our investigation revealed that the ophthalmologist had failed to properly calibrate a piece of equipment prior to performing the procedure.

Our solution:

The doctor’s insurer was initially unwilling to discuss a substantial settlement of the claim. However, we enlisted the aid of a well-qualified ophthalmologist to prepare a report concerning the doctor’s departure from the applicable standard of care. Upon presenting this evidence to the doctor’s insurer, we were able to arrive at a settlement of the claim.

View All Results

Injury during ambulance transport

The problem:

Our firm had a case in which our client was injured while being transported in an ambulance. Subsequent to us receiving the case, the insurance company for the ambulance service became insolvent and was placed in receivership. The case was further complicated by the fact that our client was seriously ill and passed away during our representation.

Our solution:

We pursued the claim against the West Virginia Guarantee Fund, which is a statutory fund that resolves and pays claims against insolvent insurers. We were also able to obtain additional funds by settling with the client’s own automobile insurance carrier, under separate policies.

In this way, we maximized the uninsured motorist policy limits from both parties. These funds were made of part of our deceased client’s estate for the ultimate benefit of the family she left behind.

View All Results
extend

Experienced Lawyers Championing Your Rights in Personal Injury Cases

Every individual who comes through our door needs guidance. We personalize service and respond to your needs. Get in touch with us by filling our a free case evaluation today

Free Case Evaluation
100% Secure & Confidential
Call 304-842-4300
Available 24/7

Our Case process

01

Free Consultation

Meet with us and tell us your situation. There’s no cost or obligation to have a case review.

02

Hire Us

It costs nothing to hire us. We take care of you and protect your claim from here.

03

Case Plan

We develop your unique case strategy. We gather all relevant facts and evidence.

04

Negotiations

We’ll negotiate with the insurance company to recover your medical costs and other damages.

05

Settlement

We aim to achieve a fair settlement for your injuries. Most cases are resolved at this stage.

06

Trial

We’ll file a lawsuit against the insurers and fight for you in court to recover the money you’re entitled to.

Understanding West Virginia Personal Injury Laws

If you suffer injuries as the result of the carelessness of someone else or during a car accident, your first concern is to begin the medical treatment you need. But, medical care and other costs associated with your injury are expensive—you should not have to pay for any expenses out of your own pocket. 

Personal injury law in West Virginia has specific rules that govern when you can collect compensation, how much you can collect, and who must pay your expenses.

Who is at fault under the personal injury laws in West Virginia?

Determining who is at fault under West Virginia injury law identifies both your ability to collect and who must pay, and it all boils down to proving negligence, which is broadly defined as a failure to use reasonable care. But, West Virginia personal injury law has certain requirements regarding negligence, involving failure of the other person to carry out a duty owed to you and injuries and damages you suffered as a result of that failure.

Under the state comparative negligence law, each negligent party pays compensation based on the percentage of responsibility. If you were partially responsible, your compensation is reduced based on the percentage of your own responsibility—and, if your responsibility was more than 50 percent, the modified comparative fault rule of West Virginia personal injury laws provides that you cannot recover damages from others.

To further complicate the issue, a person who has been injured by a consumer product may be able to collect under a strict liability rule, which has different provisions, based on your ability to prove you were injured and suffered damages due to the danger presented by a defective product.

The value of your Personal Injury claim

West Virginia personal injury laws allow for compensation of any cost that directly resulted from your injury. This includes, but is not limited to, the following:

  • Past and current medical expenses and future estimated medical costs.
  • Lost time from work and loss or reduction of future earnings
  • Property damage
  • Costs for home care during recovery
  • Potential lifetime costs associated with permanent disfigurement or disability
  • Emotional distress

How a personal injury lawyer in West Virginia can help

It takes a highly experienced personal injury lawyer to prove negligence and damages under the law. The West Virginia injury law firm you choose must be able to work with you and possibly use its own investigative resources to collect strong evidence, have good negotiation and litigation skills, and be considerate of the special needs of their injured clients to reduce the stress and physical demands of the legal process.

We also make home and hospital visits in the event that your injury prevents you from traveling to our offices.

WV Personal Injury Lawyers Proud to Serve

The experienced West Virginia personal injury attorneys at Kaufman & McPherson, PLLC can provide you with options for gaining monetary compensation and improving your quality of life.

Car Accidents

A quick peek at a cell phone for a driver to be distracted enough to cause a life-changing accident. Depending on the nature of the accident you may need a car accident lawyer, commercial truck attorney, or a motorcycle accident attorney. That is why it is appropriate to work with the appropriate lawyer that understands the nuances.

Injury on the Job

Whether you work in a factory, an office, or a mine, workplace injuries can be exceptionally stressful. Have a strong attorney at your side as your advocate.

Slip and Fall Cases

Perhaps your landlord has put off changing a hallway light so you can’t see, or a business missed slick spot in a parking lot or store, going after a negligent party not only helps you, it prevents future injuries.

Defective Products Injuries

The United States has strong product liability laws. If you bought a product and were hurt or made ill, we can fight on your behalf.

Medical Malpractice

We put a lot of trust in our doctors, pharmacists, and hospitals, but no one is infallible. If you are in worse shape than before you saw a healthcare professional, we can lead your medical malpractice suit.

Contamination

Have you been affected by chemicals in your water or other industrial-related matters that affect your health? We help you pursue compensation.

Accidental Death

Perhaps you lost a family member in a tragic accident on the road or at work. It doesn’t matter if the death was due to hospital error, or through other negligence, we handle all of the aspects of your wrongful death case with compassion and tact.

Nursing Home Abuse

You place a lot of trust in the intuition that is charged with your parent’s care. Call us when you have proof of or concerns regarding nursing home abuse.

Bringing suit in a timely manner

In West Virginia there is a limit on how long you have to file a personal injury suit. The state’s statute of limitations depends on the kind of suit:

  • For nursing home injury and death cases, one year
  • For property damage, two years
  • For personal injuries, two years
  • For wrongful death, two years

There are situations that can cause these limitation periods to run sooner or later than one might think, and missing a limitation period results in an absolute bar to your claim. It is best to seek legal advice as soon as you know, or think, that you may have a claim. It takes time to put together a personal injury case. The sooner you contact us, the better your case.

West Virginia personal injury attorneys you can trust

The West Virginia personal injury law firm of Kaufman & McPherson, PLLC offers seriously injured victims of car, tractor trailer truck and motorcycle accidents a solid commitment. We will commit to do everything in our power to get our clients—who have been injured due to the negligence of others—full compensation, whether by skillfully negotiated settlement or a jury award through aggressive litigation at trial.

We provide frank information with no confusing legalese or complicated legal speak, and effective legal counsel. We are committed to providing clients with the highest possible care and quality of service.

Clients benefit from our reputation as fierce litigators

As a general rule, settling a personal injury lawsuit without going to court is better for the client—a quicker, more cost-effective way to resolve a case. However, insurance companies offer claimants significantly less if they believe the client or lawyer is not ready to pursue a claim in court.

We prepare every case to go to trial. Our reputation for pursuing cases until we are sure that our clients have received the maximum compensation possible lets our opponents know we mean business.

This is true for all of our West Virginia auto, commercial truck, and motorcycle accident lawyers and the clients we are proud to serve.

What You Can expect from Our Personal Injury Lawyers

When you become a personal injury client of Kaufman & McPherson, PLLC, you and your family receive an experienced accident attorney and the immediate benefit of our large support staff.

We have years of experience representing the working people of West Virginia and know how important it is to devote the time and resources to:

  • Investigate your case
  • Research your medical issues
  • Fully document your expenses, pain and suffering
  • Uncover all liable parties
  • Use the most up-to-date computer technology
  • Continue pursuing liable parties until you have received the maximum compensation for your injuries
  • Maintain support and communication with you throughout your case
lawyers in suits posing at a round table

West Virginia Personal Injury Law Firm Fighting for You

Our firm chose personal injury as a primary focus for our practice because there was an ability to help people in need. We take pride in taking over the stresses that are involved in helping you to get through that difficult time.

Free Case Evaluation
100% Secure & Confidential

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

Call 304-842-4300
Available 24/7

Get in touch with us today

Speaking with a lawyer about your case is 100% free and easy. We will review the facts of your case and advise you on how our firm can help. There is no obligation and if you decide to hire us, you won’t owe us anything unless we are successful for you.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Award winning attorneys

Everyday we work to improve ourselves and we’re proud of our successes.

Free Case Evaluation
100% Secure & Confidential
image 26
image 23
image 24
image 21

Available 24/7
304-842-4300

Free Case Evaluation

Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.