What Your Personal Injury Lawyer Can Do For You
Types of Damages
Damages is just another word for money. When your lawyer talks about how much you will claim in damages, he or she is talking about a monetary amount. When suing for personal injury, there are a number of types of damages that you can ask the judge to grant you.
Here are a few of the most common monetary-related damages:
- Medical expenses: The defendant must pay your medical bills directly related to your accident.
- Lost wages: Because your injury stopped you from working, the defendant must pay you the money you would have made had the accident not happened.
- Cost of living with new disability: If the injury causes you to need a wheelchair, you may need to make adjustments to your home and your vehicle. This could be included in your damages.
- Repair of property: In auto accidents for example, the defendant might have to pay to replace your car, depending on the nature of the accident.
The other category of damages is non-monetary. For these damages, you still receive a monetary amount, but the amount is not always very clear. Unlike medical expenses or repair of property, there is no easy way to assess how much you should be owed. These damages are:
Punitive damages damages paid as a punishment are also used in personal injury cases.
Is It Worth Getting A West Virginia Personal Injury Lawyer
Absolutely. The personal injury laws of West Virginia are very complex and riddled with numerous exceptions and caveats. It can be challenging even for experienced attorneys, let alone for non-professionals.
Plaintiffs who represent themselves compromise their cases. Not only do they lack the necessary knowledge, but they also find it hard to remain objective and levelheaded which is a must when navigating the legal system. As a result, they end up settling for far less than what they could have obtained if they had retained a qualified WV personal injury lawyer.
We Will Take Your Case To Court If Necessary
If the insurance company still refuses to pay what you are owed, then we will take your case to court to fight for your rights. We will present the evidence we have gathered to a judge or jury who can render a verdict.
The judge or jury can decide what damages you are owed, or the insurance company can return to the negotiating table once it sees we are not backing down. Either way, we will keep you in the loop, empowering you to make the best possible decisions for you and your family.
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Personal Injury Attorneys In Charleston West Virginia
- The Fee is FreeTM, Only Pay If We Win
- Americas Largest Injury Law Firm
West Virginias capital and most populous city, Charleston is known for many things: its industry, history, culture, and scenery. Whether youre a resident or visitor, theres no shortage of sights to explore, from the shops lining Capitol Street to the exhibits at the Clay Center. There is, however, a downside to living in such a vibrant city: With so many vehicles on the road, accidents are bound to happen.
When they do, the personal injury attorneys at Morgan & Morgan are here to help. Our legal experts secure compensation for the victims in auto accidents as well as motorcycle crashes, slip-and-falls, construction mishaps, and other types of personal injury claims. We work to provide the best financial outcome for the people who need it most.
We Will Negotiate On Your Behalf
Once we build your case, we will begin to negotiate for the money you are owed. Odds are, if you can recover damages, you will be awarded compensation through an insurance settlementnot a court case.
Insurance companies are businessesand like all businesses, they look out for their bottom line, not your best interests. At Underwood Law Office, we are on your side. We will negotiate with insurance adjusters on your behalf to work out the best possible settlement in your case.
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Should I Seek The Help Of A West Virginia Personal Injury Lawyer
As noted, you have the right to receive compensation for your injuries and losses if you were harmed due to someone elses negligence. You can pursue that compensation without a lawyer, but you should consider obtaining legal representation to help with the claims process.
A lawyer from Underwood Law Firm knows how to apply the law to your case and pursue a positive outcome. You may consider partnering with our law firm if:
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West Virginia Personal Injury Faqs
Serious and catastrophic injuries can wreak havoc on your and your familys life. They can affect your ability to work, engage in physical activities, and your overall enjoyment of life. You may be left with crippling chronic pain, psychological trauma, exorbitant medical bills or all of the above. And, on top of it all, you may not even know what you can do about it. Like so many of our clients, you may feel confused, stressed, and utterly clueless.
The good news is that you absolutely can take back control of your life. There is a lot that you can do to protect your interests and receive compensation for your pain and suffering. The first step is learning what your options are. This section is a good place to start we have drawn up a list of some of the most common questions we get from clients in our practice.
However, please bear in mind that the material below is for informational purposes only. It does not constitute legal advice, as it does not take into account the unique circumstances of your case. So, after you read this post, it is crucial that you schedule a consultation with a qualified personal injury attorney in West Virginia. They will give you the best and most accurate advice on what you should do next.
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Get Results Not Excuses
The esteemed attorneys of Salango Law, PLLC are trustworthy, dedicated, honest and experienced. Our personal injury attorneys have successfully represented victims of negligence in West Virginia for over twenty years. Throughout the decades
- We have recovered more than $150 million in settlements and verdicts for our clients.
- We offer free consultations so every victim of negligence can obtain skilled representation they can trust.
- We put clients and their families first and are always willing to come to you, whether it is your hospital room or your home.
Your Losses Are Extensive
The more extensive your losses, the more opposition you are likely to face in a personal injury claim or lawsuit. As noted, insurance companies want to protect their bottom lines. Defendants dont want to pay anything out of pocket for others expenses, either.
To deny liability or refute your claim, the other party might blame you for the accident, contest the nature of your condition, or question the value of your losses. With our law firm working for you, we will address any tactics that prevent you from recovering what you need.
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Do You Need A Personal Injury Lawyer In Martinsburg
Going up against insurance companies and at-fault parties can be difficult alone. Many insurers try to take advantage of victims by offering less than the true values of their cases. When you hire an attorney, you even the scales. Your Martinsburg injury lawyer will know precisely how to negotiate with insurance claims adjusters and other parties to obtain maximum compensation all while you rest and recover.
Is Medical Malpractice Considered Personal Injury
Medical malpractice is considered a subcategory of personal injury law, as both involve serious injuries and/or the wrongful death of a loved one. What distinguishes medical malpractice from personal injury is medical malpractice involves negligence by a licensed medical professional or a medical facility .
A medical malpractice claim may involve any of the following elements:
- Failure of a licensed medical professional to diagnose a disease or illness.
- An improperly credentialed person performs surgery, an operation, or other medical procedure.
- Inadequate care was exercised during surgery, an operation, or other medical procedure.
- There was inadequate supervision of patients/staff.
- There were surgery errors.
Medical malpractice cases can be exceptionally complex and highly contested by the defendant. If you think you might have a medical malpractice case, the best advice is to call a lawyer to learn your legal rights and options.
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How Much Is My Personal Injury Case Worth
The value of a personal injury case is determined by many factors, including:
- Cost of medical treatment and care, hospital bills, medication, etc.
- Amount of wages lost from having to miss work in the past and the future
- Whether you suffered permanent disabilities that prevent you from working
- Pain and suffering
- Property damage and the cost of replacing your vehicle
It would be impossible to tell a client how much a claim is worth without first reviewing the unique circumstances. We encourage you to find out what your case is truly worth and to see how we can help you recover the full compensation you are owed. Contact our West Virginia personal injury attorneys to discuss your injuries and learn more about filing a claim.
Is Someone Else Liable For Your Injury
Liability refers to another partys financial responsibility to you for causing your accident, injuries or property damage. If someone is liable for your damages, that person may owe you money to make up for your economic and noneconomic losses. You or your lawyer must establish and prove liability if you wish to recover compensation for your damages. The injury attorneys at Manchin Ferretti Injury Law may be able to help you prove liability after a car accident, nursing home injury, or truck accident, or another type of claim in Martinsburg.
Successfully establishing another partys liability could lead to a monetary award in the form of a settlement or jury verdict for you and your family. The courts could award a compensatory amount to cover accident-related losses such as your lost wages, medical bills, pain and suffering, property repairs, legal fees, and more. Our personal injury lawyers work hard to obtain maximum compensation for clients in each case. Find out what your personal injury claim might be worth today.
What Is A Personal Injury Lawyer
Personal injury lawyers are legal professionals who dedicate their lives to understanding every aspect of the law and how it can be used to protect injured victims. They are skilled in gathering evidence and conducting investigations with the ultimate goal of negotiating a settlement or filing lawsuits to get you, the victim, the money you deserve.
Is It Worth It To Hire A Personal Injury Lawyer
When someone is injured in a personal injury accident, negligent parties rarely take responsibility. They deny doing anything wrong. Some may even blame you, suggesting it was your fault you got hurt. An experienced lawyer can take on all negligent parties including property owners, dog owners, small companies or large corporations and hold them accountable.
Our legal team investigates your accident to get the facts about what really happened. We review all documentation such as accident reports, medical records, animal control records and a copy of the injury report. We consider all evidence and interview all witnesses. If needed, we will consult with experts who can help us prove our case. Our Central Ohio attorneys know how to find proof that someones negligence led to your injury.
We also consider the full impact the injury has had on your life. You may be able to recover both past and future medical expenses related to your injury. We can seek lost wages if you are unable to work. We may also seek other damages, including disability and disfigurement, pain and suffering and emotional distress.
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How Long Will My Case Take
Because personal injury cases are complex and insurance companies are often unwilling to pay up, settlements and trials can take months, if not years, to complete. Even cases that appear straightforward may be drawn out by the insurance company to get the victim to settle for less. Thats why its essential that you have a highly skilled personal injury lawyer on your side. Morgan & Morgan attorneys are dedicated not only to resolving your case quickly but, most importantly, achieving the best possible outcome to help alleviate your financial burden.
What Sets Our Personal Injury Firm Apart
- Serving West Virginia Since 1909
- Multi-Million Dollar Recoveries
- No Legal Fees Unless We Win
- Included inSuper Lawyers®
We have offices in Madison and Charleston, but if you cant make it out to us, we can travel out to your home, hospital, or wherever else works for you. It also costs nothing to see if we can be of service to you. We offer a free consultation to review your legal options, and if you hire us, there will beno upfront or out-of-pocket fees. We only get paid if you do. We have recovered millions of dollars for clients, helping them secure a measure of justice and find financial security after a serious accident.
Call 362-7088 orcontact us today to request your FREE initial consultation.
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Why You Need A Personal Injury Attorney
One of the most important issues to consider after being unexpectedly and wrongfully injured is choosing an attorney to fight for your rights. The insurance company represents the liable party, not the victim.
These companies are consistently engaging in efforts to pay out the least possible amount in any claim. When you have the firm representing you and protecting your interests, you can trust that your case will be given the attention it deserves.
If the insurance company fails to offer a reasonable settlement, the attorneys at Fitzsimmons Law Firm will press forward with a lawsuit.
They have an impressive court record and offer high quality, professional legal service to the injured and their families throughout West Virginia, including the communities ofWheeling,Weirton,Brooke CountyMoundsville,St. Clairsville,New Martinsville, andWetzel Count.
Do not hesitate tocontact a personal injury attorney from Fitzsimmons Law Firm PLLC today to learn more.
Who Is At Fault Under The Personal Injury Laws In West Virginia
Determining who is at fault under West Virginia injury law identifies both your ability to collect and who must pay, and it all boils down to proving negligence, which is broadly defined as a failure to use reasonable care. But, West Virginia personal injury law has certain requirements regarding negligence, involving failure of the other person to carry out a duty owed to you and injuries and damages you suffered as a result of that failure.
Under the state comparative negligence law, each negligent party pays compensation based on the percentage of responsibility. If you were partially responsible, your compensation is reduced based on the percentage of your own responsibilityand, if your responsibility was 50 percent or more, the modified comparative fault rule of West Virginia personal injury laws provides that you cannot recover damages from others.
To further complicate the issue, a person who has been injured by a consumer product may be able to collect under a strict liability rule, which has different provisions, based on your ability to prove you were injured and suffered damages due to the danger presented by a defective product.
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What Is The Average Payout For Personal Injury
There is no simple answer to that question, as each case is unique. There are many factors that can affect the amount of compensation, such as the severity of injury, the strength of the case and insurance policy limits. An attorney can give you an idea of what type of compensation is possible in your situation.
When insurance companies see that we have built a strong case, they usually agree to negotiate. But we are not interested in a quick lowball settlement of a lawsuit just to make your case go away. We are only interested in a settlement that meets your needs. If they will not agree to that, we will put our litigation skills to work for you in court.
Every personal injury case is different. A slip and fall on a ramp can lead to blood work and surgery to install rods to repair a broken bone. A new set of tires may be defective, leading to a major tire blowout on the highway and a need for medical care. A dog attack case involving a vicious animal outside a fence may leave a victim with an injured hand, thumb, wrist, face, left arm or right arm and they may suffer nightmares and panic attacks for weeks.
At Mani Ellis & Layne, PLLC, we treat our clients like family. And we will fight to get you the compensation you deserve. Contact us for a free consultation to learn more about how we can help you. You can come to our Charleston, WV or Columbus, OH office, or we can come to you. One of our attorneys can go over your legal options and answer your questions.
To Prove Your Case Our Attorneys Will Immediately Begin Collecting And Preserving Important Evidence
During the investigation phase, we will secure medical records, speak with witnesses, collect any available surveillance video, and take photographs. We will also collect accident reports and hire experts to help prove critical facts in your case. For example, we often hire accident reconstruction experts to testify about how and why an accident occurred. We also hire medical experts to help prove the extent of our clients injuries and financial experts to help calculate damages when necessary. Our attorneys thoroughly investigate and prepare every case because when the defense knows that we have a strong case, they are much more willing to negotiate fair and reasonable settlements. And if we do not reach a settlement agreement that fully compensates you for your losses, our attorneys will be prepared for trial.
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