Get justice and compensation for your hand injury in Wheeling, West Virginia
Sustaining an injury to your hand can be incredibly debilitating and may require the assistance of a hand injury attorney in Wheeling, WV, to help you seek compensation for any losses you suffered. Personal injury lawsuits and settlements can help cover the permanent and significant harm caused by hand injuries resulting from car accidents, slips and falls, and other acts of negligence by property owners and business operators.
This compensation may include recovery for lost wages, medical expenses, and other related costs. However, seeking help from our qualified Wheeling, WV, a personal injury attorney is crucial to increase your chances of success. While seeking medical treatment for your hand injury is the top priority, filing a personal injury claim may also be necessary.
If you are in West Virginia and need help with a hand injury claim resulting from a car accident or other injury caused by someone else’s negligence, Ghaphery Law Offices, PLLC can help. Our versed personal injury lawyers have assisted severe injury victims in West Virginia for years. We have handled virtually every type of personal injury scenario. Don’t hesitate to call us today for a free consultation by calling or emailing us.
Why Do I Need a Hand Injury Attorney in Wheeling, WV?
The aftermath of an injury can be an incredibly stressful and overwhelming time. You might be able to handle a personal injury claim yourself, but it is generally not recommended. For legal matters, having our accomplished hand injury lawyer in Wheeling, WV, by your side can help reduce stress and improve your chances of receiving compensation for your injuries.
Typically, you will file a claim with an insurance company, and they may offer you an initial settlement. Unfortunately, these initial settlement offers are often much lower than you are entitled to. Our team can help you evaluate whether the settlement offer is fair and work with you to build a case for a higher settlement if necessary.
Many laws impact your compensation, and insurance companies may try to exploit your lack of legal knowledge. Our team is committed to fighting back against these tactics. We will advocate for you to receive complete and fair coverage, and help you understand the legal details so that you can make informed decisions throughout the process.
What is a Hand Injury?
A hand injury is any damage or harm to the hands, fingers, or wrists. These injuries can range from minor cuts and bruises to more severe injuries such as fractures, dislocations, or amputations. Hand injuries can significantly impact a person’s ability to perform daily activities, work, and engage in recreational activities.
They can also result in chronic pain, nerve damage, and other long-term complications. Seeking medical attention for any hand injury to determine the extent of the damage and receive appropriate treatment is critical. Surgery or physical therapy may be necessary to repair the injury and restore full function to the hand in some cases.
What Causes Hand Injuries?
Hand injuries can occur in a variety of ways, including:
- Accidents at Work: Workers who use their hands regularly, such as construction workers, mechanics, or factory workers, are at a higher risk of hand injuries. Machinery, tools, or other equipment can cause these injuries.
- Sports Injuries: Athletes participating in sports such as football, basketball, or baseball may suffer hand injuries such as fractures or dislocations from falls or collisions.
- Falls: Falling on an outstretched hand can result in fractures, sprains, or other hand injuries.
- Car Accidents: Hand injuries can happen in car accidents when the hand is impacted by the steering wheel, dashboard, or other parts of the car.
- Repetitive Stress Injuries: Repetitive motions such as typing, using a computer mouse, or playing a musical instrument can lead to repetitive stress injuries such as carpal tunnel syndrome or tendonitis.
- Violent Acts: Hand injuries can also occur due to violent acts such as fights, assaults, or gunshots.
What are the Most Common Hand Injuries?
Hand injuries can take various forms. Here are some of the most frequent instances:
- Bone Fractures: Wrist fractures and boxer’s fractures are two common types of hand fractures that can occur.
- Flexor Tendon Injuries: Flexor tendons are crucial in allowing our fingers to move, and if injured, they can impact our ability to use our hands. One common cause of flexor tendon injuries is improper knife use, which can lead to severed tendons. Injuries to these tendons caused by car accidents can result in permanent nerve damage, which means you may never fully regain feeling in your fingers.
- Severed Fingertips
- Proximal Interphalangeal (PIP) Joint Injuries: The PIP joint is located just above the knuckle on your finger. If your finger is forced to bend downwards or hyperextended with a lot of force, there is a high chance that your PIP joint may become injured. This type of injury can be painful and may require medical attention to heal well.
- Jersey Finger: A Jersey’s finger is an injury that often happens when fingers get stuck in machinery. The injury occurs when the fingertip is forcefully extended, which causes the flexor tendon to detach from the bone. This injury can be severe and may require medical treatment to recover fully.
- Boutonniere Deformity: Boutonniere deformity makes it difficult to straighten the finger completely. This condition is usually caused by a forceful blow that bends the finger in its normal position. When this happens, the tendons in the finger may be stretched or torn, leading to deformity. People with this condition often require medical treatment to correct the deformity and regain normal finger function.
What Do I Do Following a Hand Injury in West Virginia?
If you have suffered a hand injury in West Virginia, here are some steps you should take:
- Seek medical attention
- Report the injury
- Collect information
- Document the injury
- Contact a personal injury attorney
- Follow medical advice from your doctor
- Rest and recuperate
By taking these steps, you can ensure that you receive proper medical treatment and support and that your legal rights are protected.
Who Can Be Held Legally Liable for My Hand Injury Accident in West Virginia?
Your hand injury may have been caused by different parties, Depending on the circumstances of your accident. The liable party could be the driver in a car accident, the owner or operator of a property where you slipped and fell, or the manufacturer of a defective product that caused your injury.
There are several parties that we have seen responsible for hand injuries:
- Business owners
- Property managers
- Business managers
How Do I Prove Negligence in a Hand Injury Claim in West Virginia?
If you have been injured in an accident in West Virginia, you might wonder if you can make a claim. It may seem like a lot of work to file a lawsuit against someone or an entity for your injuries, but it could be worthwhile if you win your case.
Our personal injury lawyer can assist you in the claims process to get compensation for past and future losses and give you peace of mind as you recover. Our hand injury attorney in Wheeling, WV, can also help you meet the burden of proof in a negligence claim in West Virginia, which has four main elements that need to be proven.
The Duty of Care Owed by the Defendant to the Plaintiff
To win a hand injury case, you or your personal injury attorney must prove that the defendant was legally responsible to care for you during the accident. The type of care owed to you depends on the situation. For example, a doctor owes their patient a high level of care when treating them.
To win your case, you must demonstrate that the defendant had a duty of care towards you and that they failed to exercise reasonable care, which led to your injuries.
Our skilled hand injury lawyer in Wheeling, WV, can assist you in proving the defendant’s duty of care in your case.
Breach of the Defendant’s Duty of Care
The second element that needs to be proved in a negligence claim is a breach of duty of care. This breach of duty refers to any act, misconduct, carelessness, or wrongdoing by the defendant that goes against their legal duty of care towards the plaintiff. This breach could either be negligent or intentional.
For example, driving under the influence of alcohol is a breach of duty for a driver. Proving that the defendant breached their duty may require the help of our personal injury lawyer versed in handling these cases. The proof of breach can be in the form of eyewitness statements, expert testimony, video footage, photographs, and other evidence.
Damages Recoverable by the Plaintiff
It is critical to have suffered actual damages that are specific and compensable to file a hand injury claim. This means it is adequate to show evidence of another person’s negligence or intent to harm. Actual damages must be proven to have occurred. These damages can be either economic or non-economic.
To be eligible for a compensatory award, your personal injury lawyer has to provide evidence that you have suffered actual damages resulting from the negligence. This can include hospital bills, receipts, bank statements, and testimony from witnesses.
Relationship Between Breach of Duty and Damages to the Victim
For a successful hand injury claim, you must prove that the defendant had a duty of care towards you, that they breached that duty, and that this breach caused your injuries. Causation is the final element required for a successful negligence claim. You must show that the defendant’s actions or inactions caused or contributed to your injuries.
If other factors caused your injuries, the defendant may not be liable. Our competent Wheeling hand injury attorney can help you understand these elements and prove that the defendant is responsible for your hand injury.
What is West Virginia’s Comparative Negligence Standard?
Every state has laws that dictate how much compensation you can receive if you were partially responsible for an accident. In West Virginia, a comparative negligence standard determines how much you can recover. If you were 50% or less at fault for the accident, you could still receive compensation for your damages.
However, the amount you receive will be reduced based on the percentage of fault attributed to you. For instance, if you were found to be 10% at fault for an accident, your total compensation will be decreased by 10%. If you have any questions about fault and negligence, it is best to seek the advice of a personal injury attorney from Ghaphery Law Offices, PLLC.
What Type of Compensation Can I Get for My Hand Injury Claim?
Depending on the specifics of your accident, you may be eligible for various damages. For example, we have recovered the following types of compensation for our clients:
- Lost Earnings
- Medical Expenses
- Pain and Suffering
What is West Virginia’s Statute of Limitations?
In West Virginia, the statute of limitations is a law that sets a deadline for bringing legal action against someone who has wronged you. This deadline is determined from the date of the alleged wrongdoing. It applies to both civil and criminal cases.
For civil cases, such as those involving personal injury, debt, or contract claims, you must file your claim before the statute of limitations expires, or you will lose your right to do so forever.
Therefore, it is crucial to seek legal advice from our personal injury attorney as soon as possible to ensure that you do not miss the deadline for filing your claim.
What is West Virginia’s Statute of Limitation for Hand Injury Claims?
If you suffered a hand injury and want to take legal action, you have two years from the date of the injury to file a lawsuit in West Virginia. Filing within this time frame to protect your legal rights is crucial. However, there are some exceptions to this rule, and if you think you missed the deadline, you should consult our qualified hand injury lawyer in Wheeling, WV.
The West Virginia statute of limitations does not mean you must resolve your case within two years. It only means that you must file your lawsuit within this time frame. You can contact us for a free consultation if you or your loved ones have been injured in a West Virginia accident or harmed by negligence.
Contact Our Competent Hand Injury Attorney in Wheeling, WV, Today!
If you or someone you care about has suffered hand injuries, consulting with an accident attorney is valuable. Hand injuries can be complex, especially if the insurance adjusters try to minimize their responsibility and shift the blame to your past.
Ghaphery Law Offices, PLLC offers a free consultation to evaluate your case and determine the responsible parties and the compensation you may be entitled to. Our Wheeling, WV, skilled hand injury attorney will work tirelessly to ensure you receive the compensation you deserve. Our hands are essential to life, and hand injuries can cause significant emotional distress.
We are committed to fighting for your physical and financial recovery. We can also guide you legally with bicycle accidents, boat accidents, car accidents, dog bites, future medical expenses, motorcycle accidents, slip and fall accidents, and hit and run.