Martinsburg, WV Personal Injury Lawyer
Despite its laid-back atmosphere and beautiful surroundings, accidents and injuries still occur in Martinsburg. With each injury comes the possibility of insurance company problems, questions regarding fault, and unpaid medical expenses. If you find yourself on the wrong end of an injury because of someone else’s negligence, call Miley Legal. We have many years of experience fighting for injury victims in Martinsburg and throughout WV, and we would be happy to offer you a free consultation.
What is Personal Injury Law?
Personal injury, or tort, law is enacted to provide compensation for any wrongful act that injures another due to negligence, strict liability, or wrongful actions. Aside from car accidents, personal injury cases include medical malpractice, workplace injury, slips and falls, and other forms of injury.
Essentially, personal injury law aims to make the injured party “whole again” by compelling the party at fault to recompense for the injury. Since it is impossible to undo the wrongful act and prevent the injury, the remedy is to compensate the injured party for the damages suffered.
Elements of a Personal Injury Claim
To successfully pursue a claim for injury in a car accident, the injured party must prove certain elements. First, it must be established that the person who caused the injury was obliged to act reasonably depending on the attendant circumstances. The duty is readily apparent in car accidents since all drivers are duty-bound to follow the traffic rules and drive their vehicles safely. Sometimes, the duty of care is heightened, like in the case of medical professional or legal guardians.
Next, breach of duty must be established. This means that the person who caused the injury failed to act as they were legally required to under the circumstances. The breach of duty may consist of texting while driving, failing to prescribe appropriate medication, or failing to keep premises in a safe condition for visitors.
Once breach is established, the injured party must prove that there is a direct link between the breach of duty and the injuries sustained. This means that the breach of duty is the proximate cause of the injury suffered by the injured party.
Finally, the injured party must show that they suffered losses because of the breach of duty. In most cases, damages may include medical expenses, mental suffering, loss of income, etc. In certain situations, punitive damages, meant to punish the offender for wanton or reckless conduct, may also be assessed.
Types of Damages You May Recover in Martinsburg, WV
In personal injury accidents, the injured party may be entitled to several forms of damages. One type of damages is compensatory damages. Compensatory damages are meant to place the injured party in the position before the injury occurred. This includes both monetary and non-economic damages.
Monetary Damages
Monetary damages cover the injured party’s financial losses because of the accident. This may include payment of medical expenses, lost wages, property damages, and other similar expenses. Non-economic damages refer to the non-economic losses the injured person suffered from the accident. This type of damages may be difficult to prove as it often involves subjective and unquantifiable loss sustained by the injured party. Non-monetary losses include emotional distress, consortium loss, and pain and suffering.
Punitive Damages
In certain situations, punitive damages may be awarded to punish the person who caused the injury. To be entitled to punitive damages, the injured party must prove the damages suffered were caused by actual malice or conscious, reckless, and outrageous indifference to the health, safety, and welfare of others (W. Va. Code § 55-7-29(a)). The purpose of awarding punitive damages is to punish the offended and deter the commission of wrongful acts.
In a personal injury case, the amount of punitive damages that may be awarded should not exceed four (4) times the amount of compensatory damages or $500,000, whichever is greater (W. Va. Code § 55-7-29(c)).
Personal Injury Law in Car Accidents
In car accidents, the main issue is mostly whether there was negligence on the driver’s part. The driver is deemed negligent if there is a failure to exercise the care that a reasonably prudent person would have under similar circumstances, leading to harm or property damage to another person. Usually, negligence may take the form of speeding, drunk driving, or failing to follow traffic rules.
Importance of Understanding Personal Laws
Knowledge matters. With sufficient understanding of the laws, the offended party can take the necessary steps to successfully pursue their claims and obtain fair compensation for their injuries.
At any rate, seeking legal advice is recommended to receive fair compensation for your claims. An experienced injury attorney in West Virginia can guide you through the process and achieve the most favorable outcome for your case.
Call a Martinsburg, WV Personal Injury Attorney For Free
At Miley Legal, we fight tirelessly for our clients, ensuring they receive the just compensation they deserve. Look no further if you’ve been injured in West Virginia due to someone’s negligence. Our dedicated team is ready to take your claim. Contact us today for a no-cost consultation.