Morgantown Personal Injury Lawyer
Far too often, residents of Morgantown must deal with the consequences of a personal injury. At a time when victims deserve to relax and heal, they may be overwhelmed by calls from lawyers and insurance adjusters. Thankfully, an experienced attorney could step in to protect a victim’s interest and handle the details of a claim. Contact a Morgantown personal injury lawyer to discuss your case.
Steps in a Morgantown Personal Injury Case
From start to finish, the process of an accident lawsuit is complicated. Given what is at stake, many victims prefer to put their case in the hands of an experienced Morgantown personal injury attorney as opposed to handling it themselves. While every situation is different, personal injury suits typically follow the same general steps.
Every case begins when a victim is injured by another person or company’s negligence. Once the plaintiff receives the immediate medical treatment they need, they often contact a Morgantown personal injury law firm to handle the details of the case on their behalf.
An attorney begins by thoroughly reviewing the facts of the incident. This review involves acquiring police reports, investigating the accident scene, and speaking with all available witnesses. At this stage, an attorney could also begin to compile all of the relevant medical bills.
Once medical treatment completes, the next step involves a demand letter. A demand letter is a document sent to the attorney for the person responsible for the accident. It is the formal notice of a potential lawsuit, and it outlines the amount of damages sought in the case. In some cases, the two parties will negotiate a settlement shortly after the demand is received. However, many cases go unresolved.
Should a claim fail to settle, the next step is filing a lawsuit. During the litigation process, both sides have the opportunity to present evidence and question witnesses. In the end, a jury determines whether or not the plaintiff recovers any damages.
Comparative Fault in Personal Injury Suits
Even plaintiffs who are somewhat responsible for their accidents may be able to recover damages. West Virginia follows what is known as the “comparative negligence rule.” Under this rule, a plaintiff may recover monetary damages as long as they are less than 50 percent responsible for the injuries in question. At trial, a jury determines the total value of a claim and then assesses the percentage each party was at fault. Under comparative negligence, a successful plaintiff will recover the amount of damages set out by the jury, minus their percentage of fault for the accident.
Consider the following example. A plaintiff is injured in a wreck when struck by a negligent driver. However, the plaintiff was also speeding at the time. The jury determines the plaintiff was 30 percent responsible for the accident. The jury would then award the plaintiff 70 percent of their total damages.
Discuss your Case with a Morgantown Personal Injury Attorney
If you live in Morgantown and have suffered a personal injury due to another person’s negligence, you have the right to hold the at-fault parties accountable for their actions. Let an experienced Morgantown personal injury lawyer help you pursue the monetary compensation you deserve. Call today to set up a case review.