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Understanding West Virginia Personal Injury Litigation

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    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.

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    About the Editor

    Picture of Kevin Kaufman
    Kevin Kaufman

    A 1977 Bridgeport High School graduate, received multiple scholarships including a National Merit Scholarship. He went on to earn a BS in Business Administration, an MBA, and a law degree from West Virginia University.

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