Personal Injury Attorney in Wheeling, West Virginia
When you visit a place of business or an acquaintance’s house, you normally don’t anticipate being in immediate danger or at risk of an accident. If you’ve suffered serious injuries while on another person’s property, you may hold them liable and recover monetary compensation via a premises liability claim. Our experienced Wheeling premises liability attorney can help you get a verdict in your favor!
Our lawyers at Ghaphery Law Offices, PLLC have years of experience dealing with different personal injury claims, including premises liability cases. We know the law, the court, and how to win. Get in touch with our personal injury law office to schedule a personalized consultation.
Getting a Favorable Verdict in your Wheeling Premises Liability Claims
West Virginia law requires claimants to prove the following elements:
- You had permission to be on another person’s property.
- You suffered injuries from hazardous conditions on that property.
- The owner or the occupier has created the dangerous condition or they have failed to remedy the situation.
In general, one of the most basic things you have to show is that you were not trespassing into the property. Under normal circumstances, a trespasser cannot recover compensation from such a personal injury claim. One exception is when the owner or the occupier deliberately created a dangerous condition (i.e. “booby-trapping”) on the property.
The owner/occupier owes a duty to lawful visitors such as their business customers, maintenance workers, or delivery personnel. They have a duty to maintain the safety of the premises for these lawful visitors. If unable, they must at least notify visitors of such dangerous conditions.
You may also have to prove that there was no way to avoid the hazard or that it was not immediately obvious. Else, the other party can argue that the accident was your fault as you deliberately decided to come into the dangerous condition.
What Counts as a Premises Liability Claim?
The area of premises liability covers a vast array of different situations. Here are the common ones our attorneys encounter:
- Amusement park accidents
- Accidents at restaurants and bars
- Accidents at retail stores
- Accidents at apartment complexes
- Swimming pool accidents
- Negligent security
- Dog bites
- Slip and fall accidents
If your accident falls under any of the above, you may be entitled to compensation. Talk to our savvy premises liability lawyer today to evaluate the merits of your case!
Why Hire our Premises Liability Lawyer?
Premises liability can be complicated. Imagine having to deal with the intricacies of laws you may be unfamiliar with while recovering from the aftermath of an accident. It can be incredibly difficult. By hiring an attorney for your personal injury claim, you have an experienced professional to deal with the legal side of things while you focus on healing and recovery.
Other benefits of hiring a premises liability lawyer Ghaphery Law Offices, PLLC include:
- Determine how much your case is worth
Working with medical, vocational, and financial specialists to evaluate the extent of your injuries and damages in order to ensure you obtain maximum compensation.
- Conduct Investigations
Conducting our own investigation into your accident and injuries, obtaining critical evidence such as accident/incident reports, surveillance camera footage, witness interviews, accident site images, and your medical records.
- Important Contacts
Working with engineering and accident reconstruction professionals to create a compelling case that demonstrates how your accident occurred and why the property owner or occupier was liable..
Insurance companies are motivated by profit. They won’t be afraid to resort to intimidation or dirty tactics to reduce your compensation or even deny your claim entirely. Our reliable attorneys know how to deal with these insurance companies, how to navigate the intricacies of filing claims, and aggressively pursue a settlement that works in your favor.
- Prepare a personalized legal strategy
If needed, our attorneys will prepare your case for filing in court. We will account for the unique circumstances of your circumstances and utilize it to create a compelling case.
By hiring our attorneys, you obtain compassionate legal representation who will aggressively fight to uphold your legal rights against the party at fault. Call our Wheeling personal injury law firm today to schedule your initial consultation.
What Expenses Can Get Compensated?
Accidents can cause catastrophic injuries and have a long-lasting and far-reaching effect on your life, not to mention your wallet. Our attorneys will fight to get you the maximum compensation possible for damages such as:
- Pain and suffering, whether emotional or physical
- Lost income. This includes wages, revenue, and business potential lost due to time away from work while healing from injuries
- Lost earning potential. Your injuries can leave you with limitations that make it impossible for you to return to your pre-injury working capacity
- Medical expenses, whether past, current, or future medical treatment. This can include hospital and emergency room fees, surgeries, medical treatments, doctor’s visits, prescription pain medication, physical therapy, mobility equipment, and other out-of-pocket expenses
- Quality of life. Serious injuries and physical disfigurement from the accident can affect your enjoyment and quality of life.
- Miscellaneous expenses. Minor out-of-pocket expenses caused by the accident can be covered, such as damage to your clothes.
What is the Statute of Limitations on West Virginia Premises Liability Claims?
Under West Virginia law, accident victims only have two years to file their personal injury claim. The date starts from the day of the accident. However, the deadline doesn’t start ticking for minors until their 18th birthday.
If you do not file your premises liability lawsuit within this two-year deadline, then there is a high likelihood that the court dismisses your case. The longer you wait, the more you risk your chance at pursuing financial compensation. Talk to our premises liability lawyer ASAP to discuss your claim.
Contact our Wheeling Premises Liability Lawyer Today!
Imagine spending thousands of dollars in medical bills, wasting thousands more in lost wages, and losing your enjoyment of life because of a property owner’s negligence. At Ghaphery Law Offices, PLLC, we are dedicated to recovering compensation that you rightfully deserve.
Our experienced and knowledgeable injury lawyers are indispensable for navigating your premises liability case to pursue the compensation you deserve.
Don’t wait. If you or a loved one suffers a serious injury while on another’s property, get in touch with our Wheeling premises liability lawyer today to schedule a free consultation.