Personal Injury Law in Morgantown, WV
Your life in Morgantown can take an unexpected turn in an instant. For example, someone could rear-end you at a stoplight. This event generates medical bills, car repairs, and lost wages. Personal injury law exists to provide a lifeline in these situations.
So, what do you need to know about personal injury law? How do you file a claim, and when should you consider hiring an attorney?
This comprehensive article aims to answer these questions and many more. We’ll walk you through the basics and empower you with knowledge today!
What Is Personal Injury Law?
Personal injury law in Morgantown 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 Morgantown, 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 MorgantownÂ
Unintentional injuries are the leading cause of death in West Virginia and the rest of the United States. According to recent data, motor vehicle accidents are the leading cause. The data suggests that 10 per 100,000 children will go through this traumatic experience. As a result, it is advisable to take extra caution on the road in Morgantown.
Steps in a Personal Injury Lawsuit in Morgantown, 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 a settlement or a court appearance.
Initiating a personal injury lawsuit in West Virginia begins with filing a civil complaint. Generally, the defendant only has 20 days to respond. Both parties then engage in a discovery process to exchange evidence and information. Most personal injury cases get resolved with a settlement during mediation. However, a trial is likely when both sides become entrenched.
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 the factors that impact the final amount.
The National Library of Medicine has published shocking statistics on the cost of injuries in West Virginia. The average incident in Morgantown resulted in $8,607 in damages. However, this average is part of a much bigger picture. Your case could be worth significantly more or less.
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.
In medical malpractice lawsuits, the cap on non-economic damages is $250,000. However, there is an exception for severe cases such as wrongful death or permanent disability. These circumstances allow for up to a $500,000 judgment in Morgantown.
Statute of Limitations in Morgantown, 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.
In Morgantown, the statute of limitations for filing a personal injury lawsuit is generally two years. Nonetheless, there may be options if you discover your injury later.
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 Morgantown, WV Lawyer
Pursue a personal injury claim in Morgantown 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!
