Frequently Asked Questions About Personal Injury Law
Answers from Our West Virginia Personal Injury Attorney
How long do I have to file my personal injury claim?
In the state of West Virginia, you typically have two years to file a lawsuit against a person, company, or entity that caused your injury. In some cases, you may have two years from the time that you discovered the injury such as if you developed cancer from chemical exposure at a workplace where you were employed years ago. This two-year rule is also the statute of limitations for medical malpractice cases.
I am partially responsible for the accident. Can I still seek compensation?
West Virginia operates under the comparative negligence law. This statute declares that if your carelessness contributed to your injury, the amount of compensation you will recover depends on your percentage of fault. If you are 20% at fault for a car accident, then you may still receive damages but they will be reduced. If you are more than 50% at fault, West Virginia courts will not uphold your claim and you will not receive any damages.
How much is my case worth?
There is no way to state the exact settlement that you can achieve in any case; however, West Virginia law maintains that a person who causes injury can be responsible for a variety of expenses. You can potentially pursue compensation for all past, current, and future medical expenses; any time lost from work for recovery or medical appointments; and any damaged property. Additionally, the responsible party may have to pay restitution if you had to hire someone to do your household chores because you could not do them or if you suffered permanent disfigurement or disability.
You can seek additional compensation for emotional stress, anxiety, depression, and interference with family relationships. If you experience a change in your future earning capabilities, or if you are required to pay other expenses that were a direct result of your injury, the responsible party may be held liable.
Who can I sue for damages in a personal injury case?
You have the right to sue any party that is directly or indirectly at fault for your accident. This means that you may sue the driver of a car who caused a car accident or the owner of that car if the person is different. You can also sue companies responsible for your injuries. Our firm can help you explore your case to determine whether any third parties indirectly contributed to your accident and can be sued.
Why do I need a lawyer to seek compensation?
Personal injury cases are often very complicated. In order to make sure that you have strong arguments, and in an effort to get the highest amount of compensation possible, you should hire a trained professional. Our West Virginia personal injury lawyers at DiTrapano Barrett DiPiero McGinley & Simmons, PLLC can provide you with more than 150 years of combined experience and use our extensive knowledge of personal injury law to develop a convincing case on your behalf.