Understanding West Virginia Personal Injury Litigation

Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated

Any time you have been injured in an accident caused by the negligence of someone else, West Virginia personal injury law provides the right to pursue compensation from the responsible party for expenses relating to your injuries.

Your options for personal injury settlement in West Virginia

Not all cases need to go to court. You have two basic options for pursuing an out-of-court personal injury settlement in West Virginia:

  • Insurance settlement:  An insurance claim might be all you need to compensate you for the basic medical costs associated with a relatively minor injury. But, you need to be aware that the first priority of any insurance company is to protect its bottom line. It often makes sense to seek advice from a skilled personal injury attorney before accepting an insurance company offer.
  • Settlement from responsible parties:  When more significant injuries are involved, you may need to negotiate with the attorneys representing the responsible parties. You need an experienced personal injury attorney to protect your interests and ensure full and fair compensation from this type of out-of-court settlement.

With over three decades of experience, the attorneys at Kaufman & McPherson, PLLC have the negotiation skills needed to ensure you receive the compensation you deserve from settlement negotiations.

When injury litigation in West Virginia courts may be needed

While personal injury litigation in West Virginia is likely to be more stressful than settlement, it is often the best option when you are seriously injured or disabled in an accident that could have been avoided if someone had exercised proper care. Although a personal injury lawsuit is a civil process, the process is similar to that of a criminal trial:

  • Preparation and filing: You work with your attorney to gather all evidence to support your case, and your attorney files the case with the court system to obtain a trial date.
  • Jury selection:  Your attorney and the opposing attorney go through a selection process to find the individuals who can fairly hear and decide your case.
  • Trial:  The trial involves both attorneys presenting opening arguments, presenting and questioning witnesses and evidence, and making closing arguments to the jury.
  • Deliberation and verdict: The jury members receive instructions from the judge, before deliberating both sides of the case. Eventually, they reach a verdict that includes an award to the injured party when they find someone else is liable for the accident.

Personal injury litigation requires the skills of an experienced attorney. The attorneys at Kaufman & McPherson, PLLC have over three decades of experience providing the honest and effective legal representation to achieve the most successful results possible for your personal injury case.

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 or have been in a car accident and cannot travel to us.

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
Lead Counsel Verified
2025 Personal Injury Law Attorney American Institute Badge

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.