To assess if the injury you sustained can be compensated as a personal injury, you must first be aware of the Personal Injury Law or Tort Law. Such is under the Civil Law which governs the rights of an injured party that enables him or her to have the right to file injury claims for whatever damage (economic damages, punitive damages, property damage, etc.) was caused to him or her using monetary compensation. A Wheeling personal injury attorney has the competence to further explain the nuances of personal injury law in West Virginia.
What is Personal Injury?
Personal injuries are those injuries you acquired because of negligent, careless, reckless, or wrongful acts made by other people which may result in personal injury or worse – wrongful death. Serious injuries can sometimes require you to have months of surgeries, rehabilitation, and treatment in which medical expenses will only grow.
Personal Injury Types in West Virginia
There are several situations where personal injury may apply:
The law defines an accident as “an unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated… an unforeseen and injurious occurrence not attributable to mistake, negligence, neglect or misconduct.” Accidents are the most frequent cause of physical injury because of the negligence of another such as texting while driving, reversing while not checking the rear end blind spot on a car, and other acts that can result in bodily harm. Auto accidents, medical malpractice, pedestrian accidents, and slip and fall accidents are covered by this type.
Another type of personal injury is intentional actions that may cause serious injury or any other harm. Any individual that intentionally hurts another can file a personal injury case. Injury cases also cover assault, battery, and other intentional acts.
Other sources of personal injury in West Virginia also include:
- Motor vehicle accidents – including truck accidents and motorcycle accidents where the victim suffered catastrophic injuries or even death, leading to distress and financial problems. If you are injured by this accident, you can file a case and ask for compensation for the damages you sustained.
- Dog bites – West Virginia is different from other states where the owners are protected from liability from first bites because West Virginia requires dog owners to be liable for any injury or damage caused by their dog.
- Defective products can also be a cause of injury if a person is hurt due to using the defective product such as when a motor vehicle, medical device, consumer product, and other products that are dangerous or defective. A product liability case can be filed against the manufacturer for this injury.
- Nursing home abuse – occurs when a caretaker harms a resident of long-term care facilities. Both unintentional and intentional harm is considered abuse because such acts can result in medical emergencies, trauma, and even death.
Comparative Negligence in West Virginia
Where both parties are at fault for the injury or damages they incurred, the comparative fault rule of West Virginia reduces the compensation to be paid by the parties based on the degree of their negligence.
How can Personal Injury Attorneys help you?
There are different types of personal injury cases that a person may face, and such cases often involve negotiating with other parties like insurance agencies. Personal injury cases will require you to present evidence in court and a personal injury attorney will review, investigate, and gather all the necessary aspects of the incident. Having an experienced personal injury lawyer in Wheeling, WV beside you helps in making sure you are well compensated for your injuries. Our injury attorneys also handle medical malpractice cases, work injury, hit and run, and other matters related to personal injury law. We, at Ghaphery Law, have your best interests at heart. Call us now for a free legal consultation.