Understanding Personal Injury Laws in Clarksburg, West Virginia Is To Your Benefit
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 Clarksburg
Determining who is at fault under Clarksburg, 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.
However, Clarksburg personal injury law has certain requirements regarding negligence, involving the 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 50 percent or more, 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
Get Properly Compensated
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.
With over three decades of experience helping clients through this difficult time, the attorneys at Kaufman & McPherson, PLLC combine their legal skills with compassionate support to help their clients achieve the best possible results for their cases.
We also make home and hospital visits in the event that your injury prevents you from traveling to our offices.
Get your Free consultation
If you have been injured in an auto accident, commercial truck accident, or motorcycle accident in West Virginia, please contact Kaufman & McPherson, PLLC today by calling 304-842-4300 for a free consultation. Remember, we don’t get paid until you get paid.
