Elkins Personal Injury Lawyer
A serious injury can disrupt all aspects of your life. Physically, you may be facing repeated hospital visits, surgeries, and rehabilitation. Emotionally, you may be undergoing therapy to help you process the shock of your accident. Financially, you may be facing growing medical bills because of your inability to work while you heal.
If another person was responsible for causing your injury, you could be entitled to compensation for your losses. A legal judgment could restore your financial health, allowing you to focus on your physical and emotional healing. Let an Elkins personal injury lawyer review the facts of your case to see if filing a lawsuit is a good option for you and your family.
What are the Most Common Types of Personal Injury Lawsuits in Elkins?
If a claimant suffers an injury due to the negligence or willful misconduct of another person, they could be entitled to recover damages in a personal injury lawsuit. Some of the more common types of personal injury cases involve:
- Motor vehicle accidents
- Slip and falls
- Medical and surgical malpractice
- Birth injuries
- Traumatic brain injuries
- Product liability
- Premises liability
- Workplace accidents, leading to workers’ compensation claims
- Wrongful death
Elkin’s legal advisors have had success in litigating all different types of personal injury cases. They have the necessary experience and will work with qualified experts to review each case and achieve the best possible outcome for each claimant.
How Can an Elkins Attorney Help?
Elkins attorneys will carefully investigate the facts by reviewing any relevant police reports, medical records, and eyewitness statements from the scene of the accident. They will look to identify if a court could hold anyone else legally responsible for a claimant’s injuries and pursue claims against all responsible parties.
Most personal injury cases involve accidents caused by another person’s negligence. To recover damages against a defendant in a personal injury case, an Elkins claimant has the burden of proof to establish the following four elements of negligence: duty, breach of duty, causation, and injury.
A claimant must establish that a defendant owed them a duty of care. In the case of an individual who slipped and fell on a grocery store floor because of a spill, for example, a local attorney could show that all store owners owe a duty of reasonable care to their customers.
Breach of Duty
A claimant would then need to show that the defendant breached their duty of reasonable care by showing that they were negligent in the fulfillment of their duty. In the slip and fall case, a legal advisor would investigate the scene of the accident and interview eyewitnesses to determine whether there were any signs warning customers about the wet floor.
A claimant would also need to show that the defendant’s negligent actions directly caused the accident. In the slip and fall case, they would need to demonstrate that they would not have had their accident if the store owner had cleaned up the spill within a reasonable period of time.
Finally, a claimant would need to show that the accident directly caused them to suffer injuries. A skilled legal representative must provide medical evidence to demonstrate the severity of a claimant’s head injuries sustained in the fall to maximize their recovery of damages.
Reach Out to an Elkins Personal Injury Attorney Today
If the actions of someone else caused you to sustain serious injuries, you should speak with a qualified legal representative as soon as possible.
Pursuing a personal injury suit can be difficult without proper guidance. Call an Elkins personal injury lawyer today to schedule an initial case consultation.