FAQs
At DiTrapano, Barrett & DiPiero we are always prepared to answer any questions you may have. However, we thought you may find the following frequently asked questions helpful as you pursue your truck accident case in West Virginia.
Personal injury FAQs
- I was injured because of someone else's negligence. Do I need a lawyer?
- How long do I have to file a personal injury claim?
- How much is my case worth?
- What if I am partially responsible for the accident?
Medical malpractice FAQs
- What is the statute of limitations in a medical malpractice case?
- Is there a limit on the amount of compensation I can recover on a medical malpractice claim?
- If I receive compensation from my insurance company, does it count against my judgment?
Truck accident FAQs
- I was in an accident with a truck. Is that different from a regular car crash?
- Who can be sued in a truck accident case?
- Is investigation important in a truck accident case?
Personal injury FAQs
I was injured because of someone else's negligence. Do I need a lawyer?
Yes. If you were injured in an accident caused by someone else's negligence, you should consult an attorney.
How long do I have to file a personal injury claim?
In West Virginia, generally you have two years to file a lawsuit against the person, company, or entity that injured you.
How much is my personal injury case worth?
There is no standard answer; it depends on the details of your case. Damages are determined by the level of negligence involved and the severity of your and your passengers' injuries. Under West Virginia law, the person who injured you can be responsible for the following:
- Past, current, and future estimated medical expenses
- Time lost from work, including time spent at medical appointments
- Any damaged property, including your vehicle
- The cost of hiring someone to do household chores when you could not do them
- Any permanent disfigurement or disability
- Your emotional distress, including anxiety, depression, and any interference with your family relationships
- A change in your future earning ability due to the injury
- Any other expenses that were a direct result of your injury
What if I am partially responsible for the accident?
West Virginia has a comparative negligence law. This means that if it is determined that your carelessness contributed to the accident, the amount of compensation you recover will depend on your percentage of fault. If you are found to be 50% or more at fault you will not recover any damages. If you are found to be 49% or less at fault you may recover damages, but they will be reduced based on your amount of fault.
Medical malpractice FAQs
What is the statute of limitations in a medical malpractice case?
Under West Virginia law, you have two years from the date the injury occurred or within two years from the date the injury was or should have been diagnosed. Minors may file a medical malpractice suit within two years of the date of injury or until age 12, whichever period is longer.
Is there a limit on the amount of compensation I can recover on a medical malpractice claim?
In West Virginia, non-economic damages in medical malpractice cases are limited to $250,000 or $500,000 in cases involving wrongful death or permanent disability. Beginning in 2004, these caps are increased for inflation.
If I receive compensation from my insurance company, does it count against my judgment?
Yes. West Virginia's Collateral Source Rule allows a defendant who is found liable to the plaintiff for damages for medical care, rehabilitation services, lost earnings, or other economic losses to present evidence of payments the plaintiff has received for the same injury from collateral sources, for purposes of obtaining an offset from the judgment.
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Truck accident FAQs
I was in an accident with a truck. Is that different from a regular car crash?
State and federal regulations require trucks to carry higher amounts of insurance coverage and truck drivers to meet higher safety standards than other vehicle drivers. There are also limits on the number of hours truckers can drive each day. Drivers and/or trucking companies that violate the Federal Motor Carrier Safety Regulation Act can be found at fault in the event of an accident.
Who can be sued in a truck accident case?
Basically, everyone associated with the truck can be sued. This includes the following:
- Driver
- Owner of the tractor
- Owner of the trailer
- Company identified on the trailer
Depending on the circumstances, you may also be able to sue the loading facility that placed the contents in the trailer and the owner of the contents of the trailer. In West Virginia, if more than one person is negligent toward you, each person who has been found negligent to you is responsible for a proportional amount of the total damages.
Is an investigation important in a truck accident case?
An investigation is crucial in any accident case, but especially cases involving trucks. Truck drivers are required to maintain a log and are only legally permitted to drive a certain number of hours per day. The truck's maintenance records may also prove helpful in establishing liability.
Get the right personal injury lawyers. Right now.
If you or a loved one has been injured there is no time to waste. You need an experienced personal injury attorney working on your behalf immediately. At Charleston's DiTrapano, Barrett & DiPiero, PLLC, we represent victims throughout West Virginia in personal injury, medical malpractice, and trucking accident cases. Contact us today for a free consultation and evaluation of your claim.
