We promise you—insurance companies are acting in their own best interests. They need to save as much as you need to be paid.
Luckily, you have us to act in your best interests.
When you suffer an injury or an illness because someone else behaved negligently, a Clarksburg injury lawyer may be able to help you get compensation. Personal injury laws are complicated in West Virginia, and there are some things you need to understand before you file a lawsuit or an insurance claim.
Personal injury cases can be unpredictable. It’s best to get advice from a skilled attorney before you try to secure monetary compensation on your own.
Let’s get the process started with a free initial consultation.
Types of Claims We Handle
Personal injury law covers a broad range of accidents and injuries, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Pedestrian accident
- Workplace accidents
- Dog bites
- Wrongful death
The basis of a personal injury claim is that someone—a drunk driver, untrained worker, an unprovoked attack in a parking lot, a dog attack on a child—acted in an unreasonable manner.
Our West Virginia personal injury attorneys fight to have you compensated for someone else’s negligent actions.
Common Types of Accidents That Result in Personal Injury Claims
Not every injury or illness is the result of someone’s careless behavior. Some of the common areas where someone may suffer an injury due to negligence include:
- Pedestrian injuries — a pedestrian struck in a crosswalk because a driver was not paying attention is one type of accident that could have been avoided.
- Oil and gas injuries — when a piece of equipment fails, or the workers at oil and gas operators are not adequately trained, the victim may be able to file a negligence lawsuit.
- Car accident injuries — if you were injured in a Clarksburg car accident, you may have a claim against the driver who caused the accident.
- Dog attack injuries — owners are strictly responsible for any harm their animal causes to another person.
These are just a few types of claims a Clarksburg injury lawyer can help a victim with.
Understanding West Virginia Personal Injury Law
When you suffer an injury and financial losses, you have the right to seek compensation for your losses. Some of the basic information a Clarksburg injury lawyer will explain to you includes:
- Statute of limitations — this is the amount of time you have to file a lawsuit following an injury. Per West Virginia law, you have two years from your injury to file a claim.
- Liability for Injuries — before a victim files a personal injury lawsuit, they must demonstrate that a third party was responsible for their injury.
- Limits on collecting compensation — in all but the most extreme cases, your claim for injuries following an accident may be limited by the amount of insurance the responsible party has available. There may be exceptions to this, which a Clarksburg injury lawyer can explain to you.
- Comparative negligence rule — West Virginia has a modified comparative negligence rule. This means that if more than one person, or the victim, is responsible for an injury, the fault is shared by percentages. This is more clearly defined in state law. Your attorney can help you understand what impact this will have on your specific case.
Protecting Your Rights After an Injury
When you have suffered an injury that is someone else’s fault, you must take steps to protect your rights.
Some of these include:
- Report the accident. Workplace accidents should be reported to a supervisor, car accidents to law enforcement agencies, and medical malpractice injuries should be reported to the medical facility where they occurred.
- Seek medical attention. Regardless of how minor your injuries are, you should always seek medical attention. Make sure the physician is aware of how your injuries occurred.
- Obtain witness information when applicable. If a witness to the accident resulted in your injury, their name and contact information could be helpful.
- Take photographs if possible. Only if you can do so safely, photograph the scene of a car accident, as well as road signs in the area. Pictures may help bolster your case when filing an injury claim.
These are a few things you can do to protect yourself after an accident. Victims should also refrain from admitting any fault, avoid social media posts about the accident, and follow up with all medical appointments scheduled to treat their injuries.
Dealing With an Insurer or Hiring a Clarksburg Injury Lawyer
Some accident victims—particularly car accident victims—feel their best bet is filing an accident injury claim directly with the insurer of the at-fault party rather than hiring an attorney. This may not prove to be the best option for many victims.
When an insurance company receives a claim, they are interested in ensuring they pay as little as possible to the injured party. Therefore, they will take steps to minimize the claim. This means victims may not be able to obtain a settlement, resulting in them being made financially whole after an injury or illness.
Victims generally do better when they have legal help from a Clarksburg personal injury lawyer.
- Have a complete understanding of civil lawsuits
- Know the best way to negotiate with an insurance company
- Can help obtain evidence supporting your claim
- Negotiate with insurers on your behalf
- Have working knowledge of other practice areas, such as employment law and criminal defense
Having an experienced personal injury law firm will make all the difference. It would be best if you only faced your legal battles with a strong team behind you.
Hire a Clarksburg Personal Injury Attorney
Suffering an injury because of someone’s negligent behavior is frustrating. Our clients should be able to focus on their recovery while a Clarksburg injury lawyer fights to get them the compensation they are entitled to collect for their injuries.
If you think you may become involved in a personal injury case in Clarksburg, WV, contact us immediately for a free case review.