Weirton, WV Personal Injury Lawyer
From slip-and-falls to medical malpractice and car accidents, the consequences can be long-lasting. With medical bills piling up and lost income from missing work, it’s no wonder that many personal injury victims feel overwhelmed following an injury. But help is available.
If you’ve been injured due to someone else’s negligence in Weirton, the skilled attorneys at Miley Legal are here to guide you through the legal process and get you the compensation you deserve. Give us a call, and we’ll schedule a complimentary consultation. We would love to help you seek justice for your injury.
At-Fault Laws in West Virginia
West Virginia is an at-fault or tort state. This means that the party at fault is liable to pay the victim’s damages. The injured party, called the plaintiff, may file a legal claim to prove the defendant was negligent. If successfully demonstrated, the injured party is entitled to receive damages because of the accident. Damages can be compensatory or punitive, depending on the nature of the accident.
Determining Fault
In personal injury cases in Weirton, victims must prove that the defendant is at fault for causing the accident. In tort law, fault is defined as an act or omission of a person, which is a proximate cause of injury or death to another person/s, damage to property, or economic injury (W. Va. Code § 55-7-13b). The fault may be caused by negligence, malpractice, or strict product liability.
To successfully prove the liability of the offended party, it must be shown that the defendant owed a duty to the personal injury victim. In car accidents, drivers must follow traffic signs and avoid reckless driving. Likewise, healthcare providers must act under a heightened standard of care that is expected of medical professionals.
The next element that must be established is breach of duty. This means the defendant failed to uphold their duty of care as required by law. Common examples of breach of duty in car vehicular accidents include texting while driving, drunk driving, distracted driving, reckless driving, and other similar acts. A breach of duty in the premises liability context could include failing to wipe up a wet floor at a supermarket.
In addition to the foregoing elements, the injured party must prove that there is a causal link between the breach of duty and the injuries sustained. It must be established that the breach of duty is the proximate cause of the accident. This means that but for the defendant’s actions, the plaintiff’s injury would not have occurred.
Finally, the injured party must prove that he sustained losses because of the accident. Losses may either be economic or non-economic loss. Examples of economic loss are medical expenses, loss of earning capacity, and property damage. Non-economic loss may include mental anguish, loss of consortium, and pain and suffering.
What Does a Personal Injury Attorney Do?
A personal injury lawyer serves as an advocate for individuals who have suffered harm due to the negligence or wrongful actions of others. Their primary role is to help injured clients secure compensation for their losses. When a client approaches a personal injury lawyer, the attorney begins by evaluating the case’s merits and reviewing medical records to understand the full extent of their client’s injuries.
Once the lawyer has built a strong case, they engage in negotiations with the responsible party’s insurance company or attorneys. However, if a satisfactory agreement cannot be reached, the personal injury lawyer will prepare the case for court. The process begins by filing a complaint that details the plaintiff’s grievances.
Throughout the entire process, personal injury lawyers provide emotional support and guidance to their clients, helping them navigate the complex legal system during what is often a challenging and stressful time. Their expertise and dedication can make a significant difference in the outcome of a personal injury case and the future well-being of their clients.
How Much Does a Personal Injury Attorney Cost?
Personal injury attorneys typically work on a contingency fee basis for personal injury victims. This means that victims don’t pay until their case is settled or won in court. This arrangement takes the financial burden from victims who are already facing financial stress due to medical bills and lost wages.
In some situations, plaintiffs may have to pay certain fees, such as court fees and filing costs. It’s important to discuss all costs involved with your attorney at your initial consultation. We will be open and honest about all potential costs relating to prosecuting your legal claim.
Contact Miley Legal Today
If you suffered an injury due to a car accident, seek representation as soon as possible. Time is of the essence, and many things can happen that may make or break your case. Putting your case in the hands of a skilled car accident attorney in WV is your best course of action. Contact us today for a free consultation.