8 Types of Personal Injury Cases in West Virginia

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There are many types of personal injury cases that a person may file in West Virginia. These are just a few of the types of personal injury cases that a person may file in West Virginia. If you have been injured due to the negligence of another person, you should speak with an experienced personal injury lawyer to discuss your legal options.

1) Car Accidents

Car accidents are some of the most common types of personal injury cases in West Virginia. If you have been involved in a car accident, you may be able to file a personal injury claim against the at-fault driver. In order to do this, you will need to prove that the other driver was negligent in some way and that their negligence led to your injuries.

Some common examples of negligence that may lead to a car accident include:

  • Speeding
  • Running a red light or stop sign
  • Making an illegal turn
  • Driving under the influence of alcohol or drugs
  • Texting while driving

If you can prove that the other driver was negligent, you may be able to recover compensation for your medical bills, lost wages, and other damages. This includes if you were the pedestrian in the accident, too.

2) Commercial Truck Accidents

Commercial truck accidents are often more serious than car accidents because of the size and weight of the trucks. If you have been injured in a truck accident, you may be able to file a personal injury claim against the truck driver or the trucking company.

To successfully file a truck accident claim, you will need to prove that the truck driver or trucking company was negligent in some way. Some common examples of negligence that may lead to a truck accident include:

  • Speeding
  • Improper maintenance of the truck
  • Overloading the truck
  • Driving under the influence of alcohol or drugs
  • Texting while driving

3) Motorcycle Accidents

Motorcycle accidents often result in serious injuries because motorcycle riders do not have the same protections as people in cars. If you have been injured in a motorcycle accident, you may be able to file a personal injury claim against the at-fault driver.

To successfully file a motorcycle accident claim, you will need to prove that the other driver was negligent in some way. Some common examples of negligence that may lead to a motorcycle accident include:

  • Speeding
  • Running a red light or stop sign
  • Making an illegal turn
  • Driving under the influence of alcohol or drugs
  • Texting while driving

4) Bicycle Accidents

Bicycle accidents often result in serious injuries because bicycle riders do not have the same protections as people in cars. If you have been injured in a bicycle accident, you may be able to file a personal injury claim against the at-fault driver.

5) Slip and fall accidents

Slip and fall accidents often occur when a property owner is negligent in maintaining their property. If you have been injured in a slip and fall accident, you may be able to file a personal injury claim against the property owner.

Some common examples of negligence that may lead to a slip-and-fall accident include:

  • Failure to shovel snow or ice
  • Failure to repair a hole in the ground
  • Failure to warn of a wet floor

6) Dog Bites

Dog bites often occur when a dog owner is negligent in controlling their dog. If you have been injured by a dog bite, you may be able to file a personal injury claim against the dog owner.

7) Wrongful death

Wrongful death is a type of personal injury case that may be filed when a person is killed due to the negligence of another person. If you have lost a loved one in a wrongful death accident, you may be able to file a personal injury claim against the at-fault party.

8) Product liability

Product liability is a type of personal injury case that may be filed when a person is injured by a defective product. If you have been injured by a defective product, you may be able to file a personal injury claim against the manufacturer of the product.

Is Hiring a Personal Injury Lawyer in West Virginia Worth It?

If you’re a victim of an accident and have sustained injuries, you might be contemplating the necessity of hiring a personal injury lawyer. The answer to this lies within a few crucial factors:

  1. Severity of Injuries: The extent of your injuries significantly impacts the decision. For serious injuries, hiring a lawyer becomes almost essential to ensure you obtain the rightful compensation.
  2. Size of the Claim: The financial magnitude of the damages you’re seeking is another determinant. If you’re pursuing a considerable sum, having a lawyer by your side becomes vital for successful compensation recovery.
  3. Claim Filing Timeline: Lastly, consider the timeframe you have to file your claim. If the deadline is imminent, it’s highly recommended to hire a lawyer. Their expertise can ensure that your claim is filed appropriately and within the stipulated time.

In Summary

Experiencing an accident and dealing with subsequent injuries is a traumatic event. If you’ve found yourself in this situation and believe another party’s negligence was at fault, you have the right to file a personal injury claim. The process involves proving the other party’s negligence and demonstrating how their actions directly led to your injuries and other damages.

Successfully navigating this legal path might enable you to recover compensation. This could cover your medical expenses, lost income, and other damage-related costs, significantly alleviating the financial burden of your recovery.

Remember, you don’t have to walk this journey alone. The right legal support can make all the difference, turning a daunting experience into a more manageable process.

About Us

At Kaufman & McPherson PLLC, we specialize in personal injury law. Our dedicated team of attorneys understands the intricate legal landscape and is committed to ensuring our clients receive the justice and compensation they rightfully deserve. 

We handle each case with diligence, integrity, and the personalized care that you need during such challenging times. Reach out to us today and let’s discuss how we can help you navigate your personal injury claim.

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.

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