Morgantown Personal Injury Lawyers
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When you suffer an injury or an illness because someone else behaved in a negligent manner, a Morgantown 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.

Types of Claims Handled by Morgantown Injury Lawyers

Personal injury law covers a broad range of accidents and injuries some of which include:

The basis of a personal injury claim is that someone acted in a manner which is not reasonable. For example, a drunk driver, an untrained worker, an unprovoked attack in a parking lot, or an attack upon a child by a dog.

Common Types of Accidents Which 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 who is struck in a crosswalk because a driver was not paying attention is one type of accident which could have been avoided.
  • Oil and gas injuries — when a piece of equipment fails, or the workers at an oil and gas operation are not properly trained, the victim may have the ability to file a negligence lawsuit.
  • Car accident injuries — if you were injured in a Morgantown car accident you may have a claim against the driver who caused the accident.
  • Dog attack injuries — owners have a strict responsibility for any harm their animal causes to another person.

These are a few of the types of claims a Morgantown injury lawyer can help a victim with.

Understanding West Virginia Personal Injury Law

When you suffer an injury and you suffer financial losses, you have the right to seek compensation for your losses. Some of the basic information a Morgantown 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 Code (WVC) §55-2-21 you have two years from the date of your injury to file a claim.
  • Liability for Injuries — before a victim may file a personal injury lawsuit, they must be able to 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 Morgantown 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 WVC §55-7-13a. Your attorney can help you understand what impact this will have on your specific case.

Steps to Protecting Your Rights Following an Injury

Anytime you have suffered an injury which is someone else’s fault, you need to take steps to protect your own rights. Some of these include:

  • Reporting 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.
  • Seeking 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 there was a witness to the accident which resulted in your injury, their name and contact information could be helpful.
  • Photographs — if it is possible to 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 of the things which 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 make sure they follow up with all medical appointments which are scheduled to treat their injury.

Dealing with an Insurer or Hiring a Morgantown 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 have an interest in making sure 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 which will result in them being made financially whole following an injury or illness.

Victims generally do better when they hire a Morgantown injury lawyer because an attorney:

  • Has a full understanding of civil lawsuits
  • Understands the best way to negotiate with an insurance company
  • Can help obtain evidence which supports your claim
  • Negotiate with insurers on your behalf

Suffering an injury because of someone’s negligent behavior is frustrating. Victims should be able to focus on their recovery while a Morgantown injury lawyer fights to get them the compensation they are entitled to collect for their injuries.

Contact us right away for a free case review.


Can I receive compensation if I was partially at fault?

Yes. In Morgantown, even if the court determines you were partially at fault, you will still be entitled to compensation. However, if you bear responsibility for more than half of the fault of the accident, you will not be able to file a personal injury claim.

What will an attorney do during a personal injury case?

Your Morgantown personal injury lawyer will help you demonstrate the negligence of the other driver and negotiate on your behalf to get the best possible compensation for your losses.

How much can I recover after a truck crash in Morgantown?

The amount of compensation you will receive in a truck accident claim in Morgantown will depend on several factors. These include the severity of your injuries as well as your medical expenses, loss of earnings, and whether you are partly liable.

Why should someone choose Miley Legal to represent them in a personal injury lawsuit?

We believe you should never bear the cost of another’s negligence, whether due to a reckless driver, a neglectful property owner, defective products, or a careless employer. Driven by this belief, we aggressively seek the highest compensation for our clients, ensuring justice through proactive legal advocacy.

What sets us apart is our personalized approach. We treat every personal injury case as unique, tailoring our strategy to the specifics of your situation. Choosing Miley Legal means partnering with a dedicated team that fights tirelessly for your rights and a settlement that fully reflects your losses.

We prioritize direct, clear communication, keeping you informed every step of the way. Trust in our commitment to transparency as we work determinedly to secure a fair resolution.

Choose Miley Legal for a personal injury claim handled with unmatched professionalism and commitment.

What is the cost of hiring a personal injury lawyer?

Hiring a personal injury lawyer may come with a cost, but it is essential to understand that many individuals hesitate to seek legal assistance due to concerns about the expenses involved. However, personal injury lawyers are sensitive to this issue and often work on a contingency fee basis. A Contingency fee means that rather than requiring a significant upfront payment, their costs come from the compensation you receive from the case, whether through a settlement or court award.

Typically, contingency fees amount to around 33% of the compensation gained, although this percentage may vary depending on the lawyer and the case’s specific circumstances. The cost is deducted directly from the settlement obtained, ensuring that your attorney is motivated to get the maximum possible compensation for you, as their payment is tied directly to it. It is crucial to note that if your personal injury attorney cannot secure any compensation for you, they will not receive any fees. Therefore, they have a strong incentive to work diligently on your behalf to ensure a successful outcome.

How does the process of arranging for payment in a personal injury settlement work?

The process typically involves several key steps when arranging for payment in a personal injury settlement. Initially, your lawyer will negotiate with the insurance company or pursue legal action to secure a payment or award on your behalf.

Pending a resolution is reached, the lawyer will work to collect the awarded amount from the defendant. At this point, the lawyer will deduct their agreed-upon fee, usually a percentage of the award, as compensation for their services. Additionally, your attorney will ensure that any outstanding medical bills related to your injury are paid directly from the settlement or court order.

Finally, after deducting their fee and settling your medical bills, your attorney will issue you a check for the remaining settlement balance or court-awarded amount. This final payment will allow you to receive the monetary compensation you are entitled to due to the personal injury case.

By following these steps, arranging for payment in a personal injury settlement ensures that your lawyer handles the necessary legal and financial aspects on your behalf, allowing you to focus on your recovery and move forward with your life.

What preparations does a personal injury attorney make for trial?

Our team at Miley Legal Group dives deep into evidence collection for trial preparation and securing all relevant data, from accident details and medical records to eyewitness testimony, to solidify your case.

We then proceed with drafting and filing legal documents, meticulously adhering to court standards and evidentiary requirements. By sharing this evidence with the defense, we maintain a stance of full disclosure.

When complex issues demand clarification, we bring in experts whose insights on medical implications or liability are pivotal. We carefully vet and brief these experts, ensuring their testimony is precise and impactful.

Throughout, we’re actively negotiating for a fair settlement, ready to shift gears and champion your rights in trial if justice demands it.

How does a product liability lawyer establish a pattern of negligence?

A product liability lawyer establishes a pattern of negligence by thoroughly investigating cases involving defective products. They employ various methods to gather evidence, such as examining consumer sites, prior product liability lawsuits, and government websites. In doing so, they seek out similar incidents where defective products have caused injuries. This extensive research allows the lawyer to identify a recurring pattern of negligence, ultimately strengthening their case against the responsible party.

Before the trial, the attorney thoroughly reviews the evidence, organizes it clearly and persuasively, and prepares legal arguments to present in court. They develop a strategy to effectively communicate the client’s position and present a compelling case to the judge and jury when applicable.

In summary, the preparations made by a personal injury attorney for trial include collecting evidence, filing the lawsuit, providing evidence to the opposing party, potentially engaging expert witnesses, pursuing settlement negotiations, scheduling a trial date, reviewing and organizing evidence, constructing legal arguments, and developing an overall strategy for presenting the case.

How can a personal injury attorney help test a defective product?

Understanding the critical steps in handling potentially defective products is part of our commitment to clients’ safety and legal rights. We prioritize securing the product immediately, ensuring it remains untouched for accurate, non-destructive evaluation, a vital step in establishing the cause of any injuries.

Our process involves meticulous collaboration with specialists for an in-depth product examination. This approach allows us to present indisputable evidence of defects while maintaining the product’s integrity for evaluation by all involved parties.

Evidence-gathering is a crucial part of our strategy. We scour for a history of negligence by reviewing consumer complaints, previous lawsuits, and regulatory data. Uncovering a track record of defects strengthens your case and helps establish a broader context of manufacturer negligence.

Expert analysis is crucial in our advocacy. We engage with leading authorities to inspect and test the product, culminating in detailed reports instrumental in your claim. These reports highlight defects and provide the technical backing necessary for a compelling legal argument.

We excel in Navigating product defect complexities, using non-destructive testing, thorough evidence gathering, and leveraging expert testimony to construct a solid case for those harmed by defective products. We are relentless in our pursuit to secure the justice and compensation our clients are entitled to.

How does a personal injury lawyer establish a successful claim?

At The Miley Legal Group, we are staunch advocates for personal injury clients, prioritizing your recovery and compensation from day one.

Our legal team commits to exhaustive evidence collection, actively visiting accident sites, securing video footage, photographing scenes, documenting vehicle damage, and interviewing witnesses in detail. We recognize the critical nature of every piece of evidence, from tire marks to scattered debris, and our in-house investigators meticulously capture every detail.

Our strategies are as unique as the cases we handle. We delve into your medical history, understanding how the accident impacts your physical health and quality of life. When conditions are affected by the accident, we build a compelling narrative that clearly shows the accident’s impact on you.


Here’s how we stand out:

Our approach is thorough and relentless. We interview witnesses comprehensively to reconstruct the incident precisely, ensuring every piece of evidence is thoroughly examined to fortify your claim.

Proactive site investigations allow us to capture critical details others might miss.

In the complex legal landscape of West Virginia, we serve as your clear and concise guide. We break down everything from statutes of limitations to comparative negligence, ensuring you’re well-versed in every aspect of your case.

At Miley Legal Group, our advocacy is dynamic. We actively engage with the opposition, using sharp interrogatories and depositions to uncover the truth. Our foresight in legal matters keeps us ahead, preemptively tackling potential challenges.

Choosing us means selecting a team that’s knowledgeable about West Virginia’s personal injury laws and committed to ensuring you’re supported and informed every step of the way. We stand with you in pursuing justice and fair compensation with tenacity and dedication.

How are medical records and bills used to support the compensation claim?

Medical records and bills are essential in substantiating your compensation claim. Our team at Miley Legal Group leverages these documents to quantify your injuries and treatments, proving the economic impact of the accident. Moreover, we skillfully demonstrate the aggravation of any pre-existing conditions due to the incident, ensuring comprehensive representation of your health’s changes in seeking justice.

What type of evidence does the investigation process gather?

During the process, investigators consider evidence, including witness testimonies, scene photos, videos, diagrams, police and employer reports, and photos of the vehicles involved. In cases without visual evidence, an investigator may visit the accident site to collect evidence left on the ground, including skid marks, vehicle parts, and other physical evidence.

What specific actions does an investigator take, such as tracking down witnesses and obtaining scene photos?

An investigator takes various specific actions. They track down witnesses associated with the accident and conduct interviews to gather their testimonies. If available, they also obtain scene photos, videos, and diagrams to provide visual evidence. Additionally, they collect relevant reports from authorities and employers that can contribute to building a solid case.

What is the role of an investigator in a personal injury case?

An investigator plays a crucial role in a personal injury case. They are responsible for gathering evidence by tracking and interviewing witnesses, obtaining scene photos, videos, and diagrams, gathering police and employer reports, and documenting adverse conditions at injury sites. They may also visit the accident site to gather additional evidence, such as skid marks or vehicle parts.

What tasks are involved in preparing for settlement and trial?

In preparing for settlement and trial, personal injury lawyers perform various tasks. These include investigating the case, performing discovery, and gathering evidence. They may also hire expert witnesses, review and evaluate evidence, and prepare interrogatories and requests for depositions.

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