Teays Valley, WV Personal Injury Lawyer

The Legal Process for Personal Injury Claims in West Virginia

The first step is typically consulting with an attorney. A personal injury lawyer will review the facts of your case, determine if you have a valid claim, and help you understand your legal options. If you decide to move forward, the lawyer will begin by investigating the details of your case.

Next comes filing the complaint. In West Virginia, you must file a lawsuit within two years of the date of injury, subject to certain exceptions. The complaint outlines your allegations and the damages you’re seeking. Once your attorney drafts the complaint, it must then be served to the opposing parties. Your attorney will determine which parties are the appropriate parties to sue.

Next, the parties engage in the discovery process. During discovery, each side exchanges relevant information, including documents, depositions (sworn testimony), and answers to interrogatories (written questions). In some cases, the parties may attempt to resolve the dispute through mediation or settlement. This strategy can save time, money, and the emotional toll of lengthy litigation. 

During the trial, both sides present their evidence and arguments before a judge or jury. The jury (or judge in a bench trial) will determine whether the defendant is liable. Once liability is established, they will determine how much compensation the parties are entitled to If either party disagrees with the verdict, they can appeal to a higher court.

How Much Does a Personal Injury Attorney Cost in West Virginia?

One of the most common concerns about lawsuits is how much an attorney will cost. Most personal injury lawyers work on a contingency fee basis. This means that you do not have to pay any upfront fees or hourly rates. Instead, the attorney’s payment is contingent on the outcome of your case.

In certain instances, in addition to the contingency fee, there may be other costs associated with pursuing a personal injury claim, which will be discussed with your attorney beforehand to avoid any surprises. 

How a Personal Injury Attorney Will Help Your Case

Hiring a personal injury attorney can significantly impact the outcome of your case. One of the attorney’s primary roles is to gather all the necessary evidence to support your claim. An attorney knows what evidence is critical and how to present it effectively. The right attorney will both increase the likelihood of your victory, but increase the settlement or award amount.

A personal injury attorney will also handle all the legal aspects of your case, freeing you from the burden of dealing with insurance companies, opposing counsel, and complex legal procedures. Insurance companies often try to minimize payouts or deny claims, and an experienced lawyer knows how to negotiate effectively to ensure you receive fair compensation. They understand the tactics insurers use and can counteract them by building a strong case backed by solid evidence. 

An attorney will calculate the full extent of your losses to present a complete and compelling claim for compensation. In the end, hiring an attorney means having a professional on your side who will fight for your best interests, allowing you to focus on your recovery while they handle the legal battle.

Strict Liability Cases in Teays Valley

Strict liability cases are unique compared to other personal injury cases. Strict liability focuses solely on whether the action or product caused the harm. This means that in cases involving defective products, dangerous activities, or animal-related injuries, the injured party does not need to demonstrate negligence to recover damages. 

For example, manufacturers can be held liable for a defective product that causes injury, even if they were unaware of the defect. The goal is to protect consumers and the public by placing the burden on those who engage in activities or create products that could cause harm. While this makes it easier for victims to recover damages, it is still important to work with an experienced attorney to navigate the process.

Seek Immediate Legal Assistance

Whether you suffered an injury due to dog bites or product defects, you should consult with a lawyer immediately. Prompt consultation with a lawyer helps you to build your case early when most of the evidence and witnesses are present.

With a dedicated attorney from Miley Legal by your side, you won’t need to shoulder the burden by yourself. Our team will guide you through gathering evidence, filing a claim, and negotiating for your case. Contact us today for a free consultation. Whether you need an injury attorney in Huntington, Morgantown, or elsewhere in WV, give us a call.