West Virginia Personal Injury Attorney

What Damages Are Available in a West Virginia Personal Injury Case?

The money recovered in a personal injury case is meant to compensate the victim for their economic and non-economic damages related to their accident, both today and in the future. When a personal injury attorney represents a wrongfully injured party, they document the victim’s expenses and losses to pursue compensation for:

• Medical expenses
• Future medical care and support needs
• Lost income
• Reduced earning ability
• Property damage
• Pain and suffering
• Emotional distress
• Wrongful death damages if the victim passes away

What Evidence Is Necessary to Document Damages?

The evidence available and necessary to support recovering damages varies. Some common types of evidence attorneys use in these cases include:

• Medical bills
• Income statements
• Documentation of missed work
• Repair estimates
• Receipts of out-of-pocket expenses
• Expert testimony about prognosis and future care needs

How The Goldwater Law Firm Helps Injured Parties Connect With WV Injury Lawyers

The Goldwater Law Firm has a history of results. We have one of the most widely recognized names in U.S. law firms and understand why victims must get results. We have strategic partnerships with some of the country’s largest and most successful firms. We work with these co-counsels to help victims hurt by someone else’s negligence get justice.

We know it is scary and frustrating to be hurt by someone else’s carelessness or recklessness. You may have life-altering injuries and are not sure where to turn for help. We are here to review your case facts and connect you with a law firm partner near you who can help. We help people in all 50 states, including West Virginia.

Our law firm partners represent accident victims based on contingency. You do not have to pay upfront fees or costs to hire an attorney to manage your personal injury case. You will only pay for your attorney’s help after they win your case.

What Types of Cases Can a West Virginia Personal Injury Attorney Handle?

The Goldwater Law Firm reviews cases caused by negligence. Our co-counsels serving West Virginia can represent victims hurt in many accidents and incidents. These accident types include:

Car Accidents

West Virginia follows a fault-based car insurance system. This means the driver who causes a crash is responsible for any injuries or damages. Victims can file a claim against the negligent driver’s auto liability insurance policy or file a personal injury lawsuit in civil court to hold them accountable.

Truck Accidents

When a commercial truck driver causes a collision, multiple factors and liable parties are sometimes involved. Many federal and state regulations apply to truckers and trucking companies, and they could play a role in the case. Often, victims file a claim or lawsuit and hold the trucking company accountable for the injuries and damages caused by their drivers.

Motorcycle Accidents

Motorcycle accident cases require strong evidence to overcome bias against riders and insurance companies who do not want to compensate injured motorcyclists fairly. Injured riders have the same rights as other motorists and can seek compensation from the at-fault drivers’ auto insurers or through personal injury lawsuits.

Pedestrian and Cyclist Accidents

Drivers owe an increased duty of care to pedestrians and cyclists under traffic laws designed to protect them. These laws include right-of-way protections where pedestrians and cyclists commonly collide. If a driver violates these laws and causes a crash, the victim can pursue damages through an insurance claim or a personal injury lawsuit.

Slip and Falls

Property owners must maintain safe conditions for visitors. The owner may be liable if a hazardous condition, such as ice or uneven flooring, causes a fall and injuries. West Virginia premises liability laws apply in these cases.

Other Premises Liability Cases

Property owners are generally liable for injuries due to dangerous property conditions, including inadequate security, dog bites, fires, or structural hazards. Liability depends on whether the victim was a lawful visitor and if the owner knew or should have known about the hazard.

Workplace Accidents

West Virginia has strong workers’ compensation laws that prevent most lawsuits against employers. Workers’ compensation coverage provides medical benefits and lost wages through a no-fault claim. However, some injured workers can still pursue a claim or lawsuit against a negligent third party who caused their injuries.

A West Virginia Injury Lawyer From Our Law Firm Partners Will Understand Why You Need to Recover a Payout

Hiring an attorney from one of our co-counsels ensures you have someone on your side to fight for your best interests throughout this process. While you undergo treatment, therapies, rehabilitation, and healing, they will manage your legal case and navigate your claims process. They know how much a payout will mean to your physical health and financial future.

Securing compensation in a personal injury case is crucial for victims, especially when they are dealing with serious or catastrophic injuries. The money ensures victims can pay for the medical treatment and rehabilitation they need to reach maximum medical improvement (MMI) for their injuries.

A payout also provides financial stability for victims and their families, such as when injuries lead to long-term disability or loss of earning capacity. Additionally, they gain peace of mind by holding the negligent party accountable and preventing others from suffering the same fate.

Where Injured West Virginia Victims Receive Care

West Virginia has Level I and Level II trauma centers in Charleston, Morgantown, and Huntington. Numerous other well-equipped hospitals in the state can handle minor or moderate traumatic injuries from a fall, crash, workplace accident, dog bite, or other incident.

Those with the most serious injuries may require transfer to a designated trauma facility, such as:

• Charleston Area Medical Center (CAMC)
• WVU Medicine
• St. Mary’s Medical Center
• Cabell Huntington Hospital

The most serious accidents and injuries could require extended inpatient treatment and rehabilitation, surgeries, and long-term therapies. Catastrophic injuries could leave victims with lasting impairments that are serious enough that they cannot return to the workforce, require mobility equipment for accessibility, or need around-the-clock monitoring and support.

A West Virginia Personal Injury Attorney From Our Co-Counsel Can Develop a Compelling Case for You

When a West Virginia personal injury lawyer handles your accident injury case, they will take steps to develop the most compelling case possible to support your demand for fair compensation. The goal is to convince the insurance company to make a fair settlement offer or compel the judge or jury to award compensation at trial.

Some of the steps necessary to build a strong case include:

• Obtaining photos, videos, medical records, accident reports, and other evidence
• Speaking with eyewitnesses to document their accounts of what happened
• Identifying potentially liable parties and reviewing their available insurance coverage
• Documenting damages, assessing the extent of injuries, and estimating future medical needs
• If necessary, working with experts—often accident reconstructionists—to analyze how the injury occurred

After developing a robust argument for fair compensation, the attorney will approach the insurance company to seek a fair payout. This process often begins with a demand letter and includes:

• Sending a formal request for compensation to the at-fault party or insurer, often in the form of a demand letter
• Engaging in settlement negotiations to resolve the claim through a fair settlement agreement when possible
• Filing a lawsuit when necessary and taking the case to trial if no settlement is reached before the trial date arrives

What Is the Deadline to File a Personal Injury Lawsuit in West Virginia?

Under W. Va. Code § 55-2-12, most victims generally have two years to begin a personal injury or wrongful death lawsuit based on their West Virginia injuries. However, you do not want to wait just because this deadline gives you some time. Enlisting the help of a West Virginia personal injury attorney as soon as possible is a way to protect your rights and seek maximum compensation.