If you suffer injuries as the result of the carelessness of someone else or during a car accident in West Virginia, 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 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 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.
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.
Contact the firm today
Call or visit us for a free consultation to discuss your personal injury matter. We also offer home and hospital visits for those who are injured and cannot travel to us. In family law matters, you can obtain fee information by phone, or schedule a consultation.
Originally posted 2021-08-02 20:48:35.