Lawsuit Necessity for Personal Injury Claims in West Virginia

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

When the negligent actions of others lead to personal injuries in West Virginia, state law provides victims with the right to pursue payment from responsible parties for virtually all expenses connected with the injury. In cases of minor West Virginia injury, victims can collect fair compensation without a lawsuit. But, when the case is complicated, or when West Virginia personal injuries are severe, a lawsuit may be the only way to collect full compensation.

Serious West Virginia injuries require a courtroom case

The following are just a few examples of cases that are best litigated before a jury in court:

  • Brain injury from a severe car crash:  As the control center for all bodily functions, an injury to the brain can result in anything from loss of sensory abilities, to reduced or lost functions of vital organs. The luckiest victims may recover partially or totally over an extended period of time. But until recovery is complete, the injured face extensive medical costs, specialized home medical care, lost work, and any costs needed to care for the family responsibilities they cannot handle on their own.
  • Permanent disability from a slip and fall accident:  A fall on an icy department store sidewalk can easily cause permanent damage to the spine, leading to permanent paralysis. When stores fail to take the precautions to protect their customers from injury, they are often required to pay a lifetime of expenses for anyone severely injured on their premises.
  • Wrongful death:  Nothing can compensate family members for the loss of a loved one who was killed as the result of a wrongful act. According to state law, a wrongful act can be negligent actions or even failure to maintain a safe work environment—when negligence leads to a death, immediate family members can pursue a wrongful death claim. In fact, the law also includes criminal acts in the definition of wrongful acts, allowing civil wrongful death lawsuits to be filed, regardless of the outcome of any criminal proceedings.

To pursue a lawsuit, you need an experienced personal injury attorney in West Virginia

The West Virginia personal injury attorneys at Kaufman & McPherson, PLLC have over three decades of experience helping injury victims pursue the awards they deserve in court. We understand that your life may be permanently affected as the result of a serious accident or a wrongful act. We are dedicated to helping you pursue the full compensation you need to return to the best possible life after an accident has changed it forever.

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.

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

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.