Personal Injury Lawyer in Huntington, West Virginia
Personal injury law protects individuals who sustain injuries resulting from another party’s negligent and reckless acts. In such cases, the injured party may file a claim to seek compensation. There are several ways a personal injury law may be able to assist you.
If you have suffered an injury or death due to the negligence or recklessness of another person, you may be entitled to damages. Call Miley Legal for a complimentary case evaluation, and learn more about how we can help you get the justice you deserve. Focus on recovery, and leave the insurance companies and at-fault parties to us. We look forward to hearing from you.
Types of Personal Injury Cases We Handle
Our law firm’s most common personal injury cases involve car accidents, workplace injuries, medical malpractice, and slip-and-fall accidents. Dog bites and animal attacks, defective products, and nursing home abuse are some of the less common, but still significant, cases we can help you with. Our personal injury attorneys can also help you deal with catastrophic injuries such as traumatic brain injuries, spinal cord injuries, and severe burns. If you’ve suffered an injury from someone else’s negligence and you aren’t sure what to do next, give our office a call.
Please note that Miley Legal does not handle Workers’ Compensation matters, but we do help clients with injuries sustained at work (and non-economic damages), if they do not fall under the umbrella of Workers’ Comp.
Types of Damages in Personal Injury Cases
Our personal injury lawyers can help you obtain compensation for the harm you have received in the form of economic, non-economic, and punitive damages. Our offices are located in Clarksburg & Morgantown, but we are able to assist clients throughout the state of West Virginia remotely or in person.
Economic damages involve tangible financial losses. These include current and future medical expenses, lost wages, loss of earning capacity due to work you may have missed, and injuries you may have sustained. You may also receive compensation for property damage, such as the costs associated with vehicle repair and vehicle rental.
Non-economic damages refer to damages in a personal injury claim that cannot be quantified but can still impact one’s life significantly. These include emotional distress, pain and suffering, and the loss of enjoyment of life. West Virginia Code §55-7-29 states that punitive damages may be awarded in the event of gross negligence. Such damages are not meant to compensate for any economic or non-economic loss but to punish a party’s reckless or intentional behavior motivated by malice.
West Virginia Personal Injury Laws
The statute of limitations refers to the period within which an individual is given to file a personal injury claim. According to West Virginia Code §55-2-12, personal injury claims have a statute of limitations of two years from the date of the accident or sustained injury.
Additionally, unlike some other states, West Virginia follows the modified comparative negligence rule. West Virginia Code §55-7-13c states that the amount of compensation to be awarded is proportional to the party’s percentage of fault. A party may only be entitled to receive compensation if they are found to be 50% or less at fault.
In West Virginia, damage caps are placed on specific personal injury compensation awards as stated in West Virginia Code §55-7B-8. For medical malpractice cases, the cap on non-economic damages is $250,000, though this cap increases to $500,000 if the medical malpractice results in permanent injury or death. Punitive damages are capped at $500K or a 4x multiplier, whichever is greater.
Why Choose Our Huntington, WV Personal Injury Lawyers?
Miley Legal works tirelessly to obtain fair settlements or judgments for our clients. Our local expertise and in-depth knowledge of West Virginia law enables us to properly navigate your case and help you get the compensation you deserve. We have a track record of successful cases in Huntington, and we make it a point to provide personalized attention to each client. We also have access to the resources needed to handle complex personal injury cases. We work on a contingency basis, so you do not have to pay any fees unless we win your case. Call our West Virginia injury attorneys right away if you would like us to review your case.