Sometimes, accidents can happen. But when your injuries are the result of the actions of another person or entity, it can be difficult to process. Suffering an injury due to someone else’s negligence can be a physically, emotionally, and financially overwhelming experience. Many times, you might not know where to turn for help. That’s where a Morgantown personal injury lawyer can assist.
Over the years, our law firm has helped thousands of injured individuals in West Virginia, including those who have suffered accidents in Morgantown. We understand these personal injury cases’ local laws, procedures, and complexities.
Often, many injured victims feel alone in the process. But with an attorney from DiPiero Simmons McGinley & Bastress, PLLC on your side, we will work with you every step of the way. If you are ready to hold those negligent parties accountable for your injuries, damages, and other losses, now is the time to contact a Morgantown personal injury lawyer.
What Is a Personal Injury?
According to the National Safety Council, about one in five adults needed to seek medical attention due to injuries from preventable accidents. Some of these incidents are directly caused by the actions of others.
When someone’s intentional or negligent actions of another party harm another, that is known as a personal injury. The injuries suffered by the victims can range from physical trauma to psychological stress. Depending on the circumstances of the case, that individual may have grounds for a personal injury lawsuit.
What are the legal grounds for these claims? In most scenarios, negligence is the most common ground for personal injury claims. Many times, these incidents occur when a person, business, or entity fails to exercise reasonable care, resulting in injuries, damages, or losses.
What Can Affect a Personal Injury Claim?
Personal injury claims have a variety of factors that can impact the outcome of the case. One of the biggest ones is the severity of the injury. The extent of the injury can play a vital role in determining the claim’s value. For example, an injury that leads to long-term disability or extensive medical expenses may have a higher value than an injury that requires only minor medical treatment.
Another important factor that can impact is liability. Establishing the defendant’s liability for the injury is essential for a successful claim. If the defendant is responsible for the injury, the plaintiff may be entitled to compensation for damages.
How To Prove Liability in These Cases
In any personal injury lawsuit, you will need to prove that the defendant is liable for the injuries caused to you. Liability can be established through three different legal concepts: negligence, strict liability, or intentional wrongs.
Negligence refers to the failure of a person or business to exercise reasonable care and avoid causing harm to others. If they breach this duty and cause harm, they can be held liable for the resulting damages.
On the other hand, strict liability places fault on the defendant, no matter their intent. Many of these cases focus on product liability claims. Even if the manufacturer, distributor, or seller did not intend to cause harm, they are still responsible for any injuries caused by a dangerous product.
Finally, intentional wrongs are deliberate and malicious acts that cause harm. Battery and assault often fall into this category. Once again, the defendant can be held liable for the harm caused to the plaintiff. In turn, the injured party can seek compensation for damages resulting from the intentional act.
What Are the Different Types of Personal Injury Lawsuits?
In the world of personal injury law, many scenarios can leave an unsuspecting victim with severe injuries, damages, and other losses. At DiPiero Simmons McGinley & Bastress, PLLC, we have handled thousands of these cases. Some of the most common cases involve:
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Product liability
- Slip and fall accidents
- Truck accidents
- Workers’ compensation
- Wrongful death
Whether you have been hurt from the above accidents or something else occurred, make sure to contact us to understand your rights. With help from one of our Morgantown personal injury lawyers, we can provide you with the information you need to proceed with your claim.
What Are the Statutes of Limitations in West Virginia?
In most cases, individuals have a two-year window from the date of the accident to file a lawsuit. However, there are certain exceptions to this rule. For example, if the accident involves a child, the statute of limitations may be extended until the child reaches 18.
If you want to know the timelines for your case, contact a Morgantown personal injury lawyer from out team who will ensure that your case complies with all the state deadlines.
What Type of Compensation Is Possible in a Morgantown Personal Injury Case?
If you have been injured, you may be entitled to compensation. There are several types of compensation available.
Economic damages cover medical bills directly related to the injury. They can also include expenses for hospital stays, surgeries, doctor’s visits, medication, and any other medical costs incurred as a result of the injury.
Additionally, if you need permanent or require ongoing care, you may be entitled to compensation for future medical expenses, such as medical treatment, rehabilitation, and therapy that you may require.
You may also be entitled to reimbursement for missed work time due to the injury, known as lost wages. This compensation can cover the income you lost while recovering from your injuries.
Non-economic damages include compensation for physical and emotional distress. This will often involve pain and suffering, loss of enjoyment, and emotional distress caused by the incident.
Compensation for loss of enjoyment can be awarded if the injury affects your ability to engage in activities you once enjoyed, such as playing sports or pursuing hobbies. Emotional distress compensation can help cover the psychological trauma caused by your accident.
Finally, in rare cases, punitive damages may be awarded. These are meant to serve as punishment for the negligent party and are typically awarded when the defendant’s actions were particularly egregious or intentional.
Keep in mind that the specific compensation you may receive depends on the circumstances of your case. For this reason, we always offer a free initial consultation where we’ll help you fully understand the possible outcomes of your claim.
What Is the Legal Process for Personal Injury Claims?
If you are filing a personal injury claim, what can you expect with the process? While these cases can take time to settle, when you have experienced a Morgantown personal injury lawyer on your side, you can be assured that your rights and interests are protected throughout the process. Here are a few steps you can expect with these claims.
After filing the complaint, the parties will exchange evidence and information related to the case. This could include medical records, witness statements, or photos or videos of the incident.
In most cases, personal injury claims are resolved through settlement negotiations. However, if a settlement cannot be reached, the case will proceed to trial. During this time, the judge or jury will determine your case’s outcome. If the defendant is liable in this situation, the amount of damages awarded will also be decided.
Let an Experienced Legal Team Assist with Your Case
Personal injury laws can become very complicated, especially if you don’t have experience. Therefore, you want to choose a skilled and reputable law firm to handle your case. At DiPiero Simmons McGinley & Bastress, PLLC, we have over 150 years of combined experience helping get the compensation and justice they deserve in these cases.
When you want to be your legal advocate, whether you have experienced a slip and fall, been severely injured in a car crash, or suffered harm due to medical malpractice. Reach out to our Morgantown personal injury lawyer today. Contact our office to schedule a consultation with members of our knowledgeable legal team.
