Wheeling, WV Personal Injury Lawyer
Imagine crossing a busy street in Wheeling when a speeding car bumps you, causing severe injuries and requiring prolonged medical treatment. To recover from the injuries you sustained, you need to undergo multiple surgeries and rehabilitation procedures. You stayed in the hospital for several months and missed a substantial time off from work.
In this scenario, a personal injury attorney can help you obtain your deserved compensation. Aside from the available evidence, the case’s success depends on the knowledge of legal procedures and the applicable statute of limitations. Therefore, you should seek guidance immediately after your accident to avoid missing out on the money you need.
If you’d like to schedule a complimentary case evaluation with Miley Legal, get in touch right away. We can meet in person, or with injured parties throughout the state of WV online.
Personal Injury Cases We Handle in Wheeling
Miley Legal has years of experience with slip and falls, car accidents, commercial vehicle accidents, dog bites, medical malpractice, and even work-related injuries that fall outside of Workers’ Comp. As long as you have sustained an injury because someone else behaved in a negligent or malicious way, you may have a case. If you aren’t sure, just give us a call – there’s no risk to you.
How Can a Personal Injury Attorney Help My Case?
It’s no secret that a skilled personal injury attorney can increase the likelihood of success for your personal injury case. Attorneys are skilled professionals with years of schooling and experience under their belt. They understand the laws and how to comply with procedural requirements, like court rules and the statute of limitations.
A Wheeling injury attorney will help build your case from start to finish. This includes evidence gathering, questioning witnesses, writing legal briefs, and taking your case to trial if necessary. While you may feel that you can handle your legal claims on your own, this is never a good idea. One misstep could cause you to miss out on compensation or lose your right to legal recourse.
The most important thing to focus on following a personal injury is recovering. By leaving your legal battles to the professionals, you can alleviate the stress of navigating the legal system and focus on getting back to normal life. Your attorney will deal with the insurance companies, other lawyers, and courts on your behalf, putting you in the best position to receive maximum compensation.
Understanding the Statute of Limitations
The statute of limitations is the law that sets the maximum period within which to institute legal action from the date of an incident. In personal injury cases, it is the deadline within which the aggrieved party must file a case against the party who caused the injury.
In West Virginia, state law requires personal injury claims to be filed within two (2) years of the incident (W. Va. Code § 55-2-12(b)). The injured party must file the lawsuit within this period. Otherwise, the aggrieved party may be barred from initiating any legal claims regardless of the injuries’ severity or the claim’s legitimacy.
Are There Exceptions to the Statute of Limitations?
Yes, there are certain exceptions to the statute of limitations that may apply to your case. If the injured party is a minor at the time of the incident, the prescriptive period of 2 years does not begin to run until the minor reaches the age of majority. Upon reaching 18 years old, the aggrieved party, who is no longer a minor, must file the lawsuit within two years.
Under the discovery rule, the statute of limitations is tolled until a claimant knows or, by reasonable diligence, should know that he has been injured and who is responsible. This rule applies to all torts unless there is an explicit statutory prohibition of its application.
A medical malpractice case against a healthcare provider must be filed within two years from the date of the injury or the discovery of the injury with the exercise of reasonable diligence. If the discovery rule is applied, the case must be commenced not more than ten years after the date of medical injury (W. Va. Code § 55-7B-4(a)).
The above are just a few exceptions to the statute of limitations. It’s important to consult with an attorney to see if any of these exceptions apply to your case.
Seek Assistance with Your Personal Injury Case in Wheeling
We take every consultation seriously. We will listen to the facts surrounding your injury, ask about documentation and circumstances, and give you an assessment of your case’s potential outcome. We are also happy to answer any questions that you have. Get an experienced law firm with a history of winning in your corner – call Miley Legal today.