Personal Injury Attorneys in West Virginia
If you have been injured on the job due to an accident, you are likely aware that you are entitled to full and reasonable compensation for your medical bills, lost wages, and pain and suffering. You may not understand how difficult it is to compete against enormous, well-funded corporations and insurance firms.
Ghaphery Law Offices, PLLC is familiar with the mindset of corporate defendants and insurance companies. We’ve helped tens of thousands of people in West Virginia obtain the compensation they and their families deserve after an injury or deadly tragedy. We’re known for taking a personal interest in your family’s requirements and aggressively preparing every case to succeed in court. Consult an experienced personal injury attorney in Wheeling, West Virginia to help you get the compensation you deserve.
What is a Personal Injury Claim?
If you’ve been injured in an accident that was caused by someone else’s negligence, you can file a personal injury claim. It’s the legal procedure of obtaining compensation from the person or entity who caused your injuries. Their insurance provider generally provides it. Most personal injury cases may be handled on a no-win no-fee arrangement, which means there are no upfront expenses, and you don’t have to pay anything if your claim is denied.
What Are the Steps to Take to Secure Your Workers’ Comp Claim?
To prevent risking your workers’ compensation status, you must do three things right after your injury. These three steps will secure your right to workers’ compensation and ensure that you get the help you need right away.
Seek Medical Attention. Your first goal should be to seek assistance if you have sustained an injury on the job that needs immediate emergency medical attention. You can go to the nearest emergency medical facility to get help. Still, once the emergency is through, you’ll need to schedule a follow-up check with an accredited doctor. If you’re not sure whether you’re covered by a workers’ compensation health care network, ask your boss. Keep copies of anything connected to your injury, including dates of doctor appointments and medical bills, as well as dates you missed work due to your ailment.
Report Your Injury to Your Employer. Notify your employer of your injuries and how they occurred as soon as you are physically able to do so. Submit a written or emailed notification in addition to a verbal report so that you have indisputable documentation of your notification. Do not wait a day or two to see if the pain goes away on its own; you must immediately notify your supervisor so that there is no question about when, where, or how your injury happened.
If your boss doesn’t require you to fill up an incident report outlining the circumstances in detail, request it straight away. For your records, make sure you save copies of everything you submit.
Learn About Your Rights as an Injured Worker. Without assistance, the complexities of workers’ compensation legislation can be virtually hard to comprehend. Although you don’t always need to be an expert, knowing the fundamentals will help you. Call us. As a competent workers’ compensation attorney, we can help you make a compelling claim.
How Does the Personal Injury Claim Process Work?
In filing a personal injury claim, there are numerous crucial stages to follow. The first and most critical step is to finish your treatment. Your attorney will send a demand package to the individual who caused your injury and their insurance company once you have completed your treatment.
Your claim will be addressed through a settlement if the people who caused your injuries agree to pay your demand. Otherwise, your lawyer will file a case in a court of law, demanding a jury judgment that would grant you the monetary compensation you deserve. The following is a step-by-step guide to filing a personal injury claim:
Open Up a Claim. One of the first things you’ll need to do is file a claim with your own insurance company and the insurance company of the individual who caused the accident that resulted in your injuries. Your Wheeling personal injury attorney will assist you in filing these claims.
Complete Your Medical Treatment. While you are getting and finishing medical treatment, your attorney will maintain and defend your legal rights and conduct a personal injury claim investigation to gather evidence supporting your claim and establish a strong case.
Submit Demand Package. If your case goes to trial, your attorney will create and submit a detailed and exhaustive demand package that describes your tale and that you would present to a jury if it went to trial. In most cases, the demand will also include all of your treatment records, medical bills, and verification of your lost wages and other financial losses.
Settlement of Claim. A strong demand package can help you resolve your case through a fair settlement, in which you and the person who harmed you or their insurance company agree on a monetary amount that you should be compensated for your claim. It can save time and money by avoiding the stress of filing a lawsuit and going to trial. However, it would be best if you never settled for less than your case is worth, and a skilled lawyer will always ensure that your case is resolved in such a way that you receive a fair settlement.
Compromise of Liens. During the claims process and while your personal injury claim is pending, liens may be placed on your recovery, either voluntarily or involuntarily. Your attorney will consider a compromise of lien claims with any lien claimants when your case is concluded.
Statute of Limitations. Even if it looks like a settlement is conceivable, if the statute of limitations on your claim is about to expire, your attorney will need to file a case in court to keep your claim and right to compensation alive.
Lawsuit in Court. If your claim is not addressed through a settlement, your lawyer will file a lawsuit in court and seek to try the case in front of a jury. A jury will hear your story and then assess the facts presented at trial and then decide how much money you should be awarded for the damages inflicted upon you.
Mandatory Arbitration. Due to a contractual agreement that compels any claim between the parties to be referred to arbitration, some matters, such as medical malpractice lawsuits, must be addressed through obligatory arbitration.
Trial and Judgment. A court dispute can be resolved at any point by the parties’ mutual agreement. If a settlement cannot be reached, the issue will be resolved through a trial and the issuing of a jury verdict and judgment.
How Do I File a Personal Injury Claim in West Virginia?
You can file a personal injury claim if you are injured on the job due to someone else’s carelessness. You’ll hold the negligent party accountable for their acts, and you might be able to get compensation for your losses. In these cases, a lawyer can assist you in regaining your footing.
Ghaphery Law Offices, PLLC, a West Virginia personal injury law firm, will fight for your rights and get you the compensation you deserve. We are happy to have helped West Virginians and will continue to fight for those unable to do so themselves.
What Do I Need for a Personal Injury Claim?
To back up your claim, you’ll need as much proof as possible. Having the following will help you prove your claim.
- Determined Fault. Your attorney will examine your case and utilize their resources to identify who is responsible for the accident. Expert witnesses might be called in to assist in proving negligence.
- Medical Evidence. Obtain copies of your medical records for any injuries, hospital visits, medicines, or treatments that were necessary as a result of the accident.
- Eyewitnesses. People who witnessed the individual who caused the accident, for example, will support your claim if you were in a vehicle accident.
In a personal injury claim, time is an element to consider. There is a statute of limitations, which means you only have a certain amount of time to bring your claim. The statute of limitations in West Virginia for personal injury and property damage is two years, starting on the accident date.
What Can I Recover With My Claim?
You may start working on your personal injury claim once you’ve found the right lawyer. You’ll undoubtedly be curious as to what kind of outcomes you may expect.
- Loss of Earnings. Injuries frequently prevent individuals from working, but your settlement may include compensation for the time you cannot work due to your injury.
- Medical Expenses. Past doctor visits, medicines, and any future procedures you may require due to the injury may all be covered.
- Pain and Suffering. Injuries can cause pain and suffering and make it difficult to return to your daily routine.
- Property Damages. If you were involved in a car accident, you might be entitled to compensation to repair your vehicle.
- Punitive Damages. These are monetary penalties imposed on the individual who caused your injury.
We Can Help You With Your Personal Injury Claim
If you were injured on the job, you won’t know if you have a valid claim for monetary damages unless you speak with a knowledgeable personal injury attorney. For a free consultation, contact us at our West Virginia legal offices.
All catastrophic injury claims, including instances requiring complicated medical difficulties such as brain injuries, spinal cord injuries, neck injuries, bodily deformity, and significant burns, are handled by our lawyers, who have the professional, technical, and financial capabilities to manage them. Reach out to us right away to set up a free consultation. We work with clients from all around West Virginia.
