It only takes a split second for someone to make a poor decision and cause an accident. If you’ve been wrongfully injured or have lost a loved one as a result of someone else’s actions, you have the legal right to take action and file a claim with a Parkersburg personal injury lawyer. Doing so will not only help you seek the compensation you need to recover, but it will give you the opportunity to hold the negligent party accountable for their actions.
When you work with DiPiero Simmons McGinley & Bastress, PLLC, you can rest assured that your case will be managed professionally and respectfully. We have years of experience resolving serious injury claims. Our lawyers have the knowledge and experience needed to pursue the financial compensation you deserve for the losses you wrongfully incurred.
Determining the Type of Personal Injury Case You Have
The personal injury claim you file will fall under a specific area of litigation, which is based on the type of accident you were in. We represent clients in an array of cases, including:
- Car Crashes
- Motorcycle Wrecks
- Truck Accidents
- Medical Malpractice
- Dog Bites
- Slip and Fall Accidents
- Wrongful Death
Motor vehicle accidents are typically the result of driver error. Behaviors like texting and driving, driving while intoxicated, or breaking the law by speeding or merging improperly can easily lead to an accident. Depending on the severity, you could be dealing with the physical and emotional consequences for a long time. You may be eligible for compensation for your medical bills, lost wages, future medical care, property damage costs, pain and suffering, and more.
When a loved one dies as the result of negligent actions, the family can file a wrongful death claim to seek compensation for the related losses. Wrongful death claims are similar to any other personal injury claim in that the deceased would have been able to take legal action themselves if they had survived.
Regardless of what type of personal injury case you have, our attorneys will work diligently to ensure you have the means to get back on your feet.
West Virginia’s Personal Injury Laws
If you’re planning on filing a personal injury claim, it’s important to be aware of the state laws that could impact your case. Your lawyer will explain the applicable laws to you, so your claim is properly filed and you maximize your chances for compensation.
Statute of Limitations
Personal injury cases are subjected to a statute of limitations, which is the time frame during which the claim must be filed. The start of the deadline begins on the date of the accident. In West Virginia, most personal injury cases must be filed with two years. If this deadline is missed, the plaintiff gives up their right to seek compensation.
Comparative Fault Laws
If it’s determined that the plaintiff is partially responsible for their accident, some compensation is still recoverable. West Virginia follows the comparative negligence rule, which means that unless you and the other party were equally at fault or you were more at fault, you can still recover damages. The overall award, however, is reduced based on the percentage of fault. If, for example, your damages total $100,000 but you were at fault for 20% of the accident, you’ll only be able to seek $80,000 in compensation.
Damage Caps
While economic damages, which are those for losses like medical bills and lost wages, are not capped in West Virginia, noneconomic damages are. Noneconomic damages refer to pain and suffering and similar noncalculable damages. The most a jury can award you for pain and suffering after a wrongful death or catastrophic injury is $500,000. With all other routine cases, the limit is $250,000.
The City Where West Virginia Began
As one of West Virginia’s most historic cities, Parkersburg features an intriguing history and a rich, diverse community today. Originally named Newport in the late 18th century, Parkersburg served as a transportation and medical center for the Union forces during the American Civil War. After the war, the city developed further into a transportation hub during the gas and oil boom.
One of the main attractions people visit today is Blennerhassett Island. This national historic site is located just off the city’s shoreline in the heart of the Ohio River. During the civil war, Aaron Burr and Harman Blennerhassett planned a military expedition on the island that was considered treasonous by many. Visitors interested in history can also visit the nationally recognized Oil and Gas Museum.
In addition to the historical attractions, there are also a number of parks and public lands for residents and visitors to explore. With more than 82,000 acres to hike, bike, walk, or zipline through, there’s always a new site to see.
At DiPiero Simmons McGinley & Bastress, PLLC, we’re proud to serve the residents of Parkersburg. If you live in the area and have a question regarding a personal injury matter, we’re more than happy to look into your case.
Maximize Your Recovery in Parkersburg
If you’ve recently been injured as a result of the negligent actions or inactions of another person or entity, it’s crucial to get in touch with a Parkersburg personal injury lawyer. Through skilled case strategies, our lawyers will fight on your behalf to ensure you receive full and fair compensation.
With a powerful legal team working for you, you can focus on recovering while we handle the aspects of your claim. We’ll investigate your accident, build a case that proves fault, handle the conversations with insurance adjusters, and determine the amount of compensation you need to cover your accident-related losses.
We will take care of every legal aspect of your case and ensure you understand what’s going on every step of the way. It’s important to note that without the guidance of an attorney, it’s likely you’ll receive far less in compensation. If you suffered a serious or permanent injury, this could mean the difference between recovering as much as possible or struggling to put food on the table.
To get started on your claim, contact our office today. We’ll begin with a free, no-obligation case review, where we’ll determine the validity of your claim and help you determine how best to secure your future.
