Personal injury pertains to injuries acquired due to the wrongful, careless, or reckless acts of other people that may cause personal injury. Serious injuries can even result in months of treatment, surgeries, and rehabilitation that cost loads of money just from medical bills alone.
Accidents are the most common source of physical injury due to the negligence that caused harm to another. Slip and fall accidents, motor vehicle accidents, medical malpractice, and other types of accidents fall under this category.
Intentional acts that may cause bodily injury or harm are also included in personal injury laws. Any person intentionally harmed by another has the right to file for personal injury cases. Such cases cover assault, battery, and other intentional acts.
Types of Personal Injury
Injuries to the body and mind are covered by the personal injury law and may be the grounds for a personal injury claim or an injury lawsuit. The most common kinds of personal injury cases include:
- Animal or dog bites
- Car accidents
- Nursing home abuse
- Defective products
- Pedestrian accidents
- Assault and battery
- Insurance claim
- Wrongful death
Statute of limitations
The time limit in filing a personal injury lawsuit is 2 years from the date of the accident. Failure to file a case during this time may result in the case being dismissed and you will not be able to get any compensation. In special cases where the injury was hidden and was only discovered after the time limit prescribed, it would still be valid because the prescription will start upon the discovery of the injury.
The limit only applies to lawsuits and not to insurance claims. It is highly recommended that an insurance claim process is started as soon as the accident happens. Otherwise, the insurance settlement negotiation might fail.
Modified Comparative Fault
There is a comparative fault rule in West Virginia that reduces the amount of compensation based on the negligence of the victim of the injury accident. For example, the total damages caused was $100,000 but it is judged that you are 30% at fault for the injury. The court will thus reduce the amount of your fault of 30% ($30,000) from the $100,000 hence, you may recover compensation for $70,000 only.
Pain and Suffering
Pain and suffering are classified into two types: physical and mental.
- Physical pain and suffering are the actual physical pain suffered by the victim. It also includes the future or potential suffering that the victim might face because of the injury.
- Mental pain and suffering are the byproducts of bodily injuries. Such pain and suffering may include, mental anguish, depression, emotional distress, loss of enjoyment of life, anger, fear, humiliation, anxiety, and shock. It is basically any negative emotion as a result of enduring the physical pain and trauma caused by the injury.
There is a limit to the amount of money recovered on damages. The limit on non-economic damages for cases such as wrongful death or a catastrophic injury case (for the pain and suffering) is $500,000. “Catastrophic injuries” pertains to injuries that are permanent and substantial in nature. As for other types of injury cases, the limit is $250,000 for non-economic damages. Medical expenses and lost wages may still be compensated but the awards from pain and suffering may limit the potential amount of recovery.
How can Personal Injury Lawyers in West Virginia help you?
There are various kinds of injury cases that a person may face, and it usually involves multiple parties including insurance agencies. A personal injury attorney will have the obligation to look after your best interests. We, at Ghaphery Law Offices, PLLC, will do our absolute best to provide you with the best services a law firm may offer. Personal injury cases will often require evidence in court and a personal injury lawyer will gather, review, and investigate all the aspects of the incident. Lawyers for work injuries, medical malpractice, medical power of attorney, or anything related to personal injury law will be provided and tailored for your specific case. Call us now for a free legal consultation.