So now what? What are your options and what laws are important for you to be aware of? Well, the good news is that we have connections with some of the best accident attorneys in the state of West Virginia who specialize in filing claims, can explain the laws to you in terms that are easier to understand, and will help you file a personal injury lawsuit if need be to get you the compensation you deserve.
West Virginia’s Negligence Laws
If your injury was brought on by an individual, you have the right to file suit against them within two years from when the accident occurred. There are three ways you may be able to obtain compensation.
- File a claim through your own insurer given that you have adequate coverage.
- File a claim through the reckless individual’s insurance company or a collect liability insurance benefits from a business’s policy.
- You can file a lawsuit through West Virginia’s civil court system.
You can find all the court information you need by visiting the West Virginia Judiciary site. Simply click the county you live in and you will be provided with judge’s names, phone numbers, and addresses to specific court houses. Because our attorneys spend a large amount of time in these court houses, they are also familiar with this information and can also provide it to you as well.
Get a Free Case Review from One of Our WV Accident Lawyers
It is always suggested you speak with a skilled accident lawyer in your state to determine what the best method of action to take is and how much your injury may be worth. Our accident attorneys in West Virginia have prior experience handling these types of matters and can use the information you provide to them to help derive at an amount they feel your injuries may be worth.
West Virginia lawyers are instrumental in the recovery of comprehensive accident damages.
When accidents occur, they often cause injury and property damages that are costly, and may not be covered by insurance. Accident attorneys in West Virginia initiate legal action to support victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was harmed, referred to as “damages.”
Damages.
A West Virginia accident lawyer can explain auto insurance claim valuations, and formulas used for other accident damage compensation. Legal counsel is instrumental in determining the financial responsibility for economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship. Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim and are sometimes awarded in West Virginia, but an attorney can apprise accident victims of case specifics. The amount of punitive damages that may be awarded in a West Virginia civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.
Professional services.
Experienced personal injury attorneys understand an insurance company’s desire to close out claims quickly, and are aware of imposed time constraints under West Virginia’s statutes of limitations. It is important to contact legal counsel shortly after an accident to avoid aggressive actions from insurance representatives with low settlement offers. Accident lawyers can build a case utilizing field experts by:
- sending investigators to an accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- assessing initial cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Motor vehicle.
In West Virginia, individuals have a duty to stop after an accident occurs involving personal injury, or property damage. Police do not need to be called for minor accidents, but West Virginia Department of Motor Vehicles requires accident victims to report the accident if someone was injured, or killed, or if there is $500 or more in property damage. Auto accident attorneys can explain West Virginia’s car insurance requirements and how they affect the recovery of compensation after an accident, utilizing the modified comparative fault rule where individuals may recover diminished compensation for damages after fault in the accident has been identified. Personal injury claims must be filed within two years of the accident.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may recover compensation when fault and/or liability is proven for the resultant harm. Recovery of damages is contingent upon a personal injury lawyer proving that the individual, or entity was negligent, caused the injury and owed a duty of care to the victim. When personal injury is caused by another’s actions in West Virginia, the statute of limitations is two years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. An experienced attorney can apprise individuals of deviations from that timeline.
Premises liability.
When an individual is hurt on another person’s property, the victim may take legal action if the injury was caused by poor property conditions, poor construction, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
West Virginia medical malpractice actions occur when individuals are injured under the care of a licensed health care professional. Legal action must be filed within two years of the date of the incident, or knowledge of the injury, and no more than ten years from the date of injury. Consultation is necessary with a medical malpractice attorney to ascertain specific time limitations for each individual case.
West Virginia does not cap economic damages in medical malpractice cases, but they do have a cap on non-economic damages at $250,000 for each occurrence, regardless of the number of plaintiffs, or the number of defendants or, in the case of wrongful death, regardless of the number of distributes, but the amount may be raised to $500,000 in wrongful death, loss of limb, or named catastrophic injury claims.
Individuals who are contemplating malpractice legal action in West Virginia must certify the action with a qualified medical expert who agrees that substandard care caused the harm. A copy of that certification document along with a notice of claim to each person named in the lawsuit must be sent within thirty days of court filing.
Workers’ compensation.
When a person becomes injured on the job, or contracts a job-related illness, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the West Virginia Insurance Commissioner Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In West Virginia, the personal representative of the estate must file a wrongful death legal action within two years from the date of the incident that caused an untimely death, in order to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. A West Virginia wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment during final illness, or injury,
- Funeral and burial expenses,
- Lost wages relevant to life expectancy compensation, and household services,
- Compensation for loss of love, companionship, protection, and parent-child relationship.
Accident victims should attempt to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
