Those who have experienced a personal injury in West Virginia may be eligible for compensation by filing a personal injury claim. Types of personal injuries in West Virginia include those caused by auto accidents, slip and fall, motorcycle accidents, truck accidents and more.
As long as you can provide enough evidence which proves the accident that caused your injury was not your fault you should be eligible to file a West Virginia personal injury claim for compensation from the person or entity which caused your accident.
How Do I File a Claim in West Virginia?
If you wish to file a West Virginia personal injury claim under West Virginia law, you are normally required to prove that you sustained the injury due to the negligence of an at-fault party. In West Virginia anyone who has been a victim of an accident who can prove who caused the accident is legally allowed to file a lawsuit against the at-fault party for any personal injury.
If you wish to ensure your West Virginia personal injury claim is successful you need to provide enough evidence that proves who caused the accident. This may include any of the following:
- police report if it was a motor vehicle accident;
- photos taken at the accident scene showing how the accident occurred.
- footage retrieved from nearby surveillance cameras;
- eye witness written reports of the accident;
- doctor’s medical report describing the injury and how it took place.
What is the Statute of Limitations in West Virginia?
Every state throughout the country has a "statute of limitations" for personal injury claims and in West Virginia this time limit is 2 years which starts from the accident date. If you fail to file your West Virginia personal injury claim within 2 years it is most likely that you will not be able to recover any damages through the courts even if you have enough evidence proving the accident was not your fault.
How Do I Prove Negligence in West Virginia?
West Virginia follows the comparative negligence rule which means that unless you and the other person or entity were equally at fault (50-50) for the accident, or you were more at fault, you may still be able to recover some damages. The compensation amount will simply be adjusted by your percentage of fault.
For example, if the damages you have claimed totals $60,000, and the jury decides that you were 10 percent at fault, the award would be decreased by $6,000 which will give you $54,000.
However, if it is found you were 60 percent at fault, you probably won’t be eligible to claim anything from any of the at-fault parties, according to West Virginia's shared fault rules. Negligence can only be proved if the right evidence is provided which proves another party was negligent which caused the accident to take place.
What Kind of Compensation Can I Receive in West Virginia?
In West Virginia anyone who has been injured can claim the cost of the following in a personal injury claim:
- cost of damage to property;
- lawyer’s fees;
- lost wages until a return to work takes place;
- medical treatment, including prescribed medications;
- out of pocket expenses such as taxi rides for medical treatment;
- pain and suffering;
- physical therapy, if needed;
- punitive damages;
- loss of consortium which typically means loss of some of the advantages of a family relationship caused by the accident or injury.
How Do I Get Personal Injury Help in West Virginia?
One of the most difficult parts of filing a West Virginia personal injury claim is finding the right evidence to prove who or what caused the accident. However seeking personal injury help from an attorney may help to ensure the best evidence is provided for the claim so that a settlement reached. A personal injury attorney typically assesses the evidence and offers free case evaluation. Accurately assessing your past and future losses and calculating the value of your case is one of the most important jobs of a West Virginia personal injury lawyer.
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