Personal Injury Law in Charleston, WV

Were you hurt due to another’s negligence in Charleston? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Charleston, WV can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Charleston relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Charleston, WV

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Charleston 

According to the Center for Disease Control, West Virginia has the highest rate of injury-related death in the country.  Common types of injuries (fatal and non-fatal) are motor vehicle accidents, falls, accidental discharge of firearms, drowning, fire, and poisoning. In Charleston and other parts of the state, there are a high number of accidents involving ATV use.

Steps in a Personal Injury Lawsuit in Charleston, WV

Once you determine that you wish to proceed forward with a personal injury action in West Virginia

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Charleston, WV personal injury claims of $7500 in and above are heard by the Kanawha County Circuit Court. Smaller cases are under the jurisdiction of a Magistrate Court, and there are 10 Magistrate Courts in Kanawha County.

West Virginia Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Data compiled by the Children’s Safety Network shows that the leading cause of injury-related hospitalizations for people under the age of 44 in Charleston, WV  is motor vehicle accidents. For people over 44, the leading cause is falling. Typical average personal injury jury verdicts and settlements in Charleston over the last few years have been in the $20,000 to $30,000 range. The vast majority of which are for motor vehicle accidents.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in WV, that means you risk not receiving any compensation at all.

Damage Awards in West Virginia

If your West Virginia personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.

West Virginia does not cap pain and suffering damages, except for lawsuits against the government, which are capped at $500,000. West Virginia does not permit ANY pain and suffering damages for workers’ compensation claims.

Statute of Limitations in Charleston, WV Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for personal injury claims in West Virginia is two years from the date of the injury. If the injured party is under 12 years of age, they have either two years or until their twelfth birthday to file, whichever is longer.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.

Work With an Experienced Charleston, WV Lawyer

Pursue a personal injury claim in Charleston against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across West Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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