Personal injury attorney answering their client's questions.

Answers to Common Questions About West Virginia Personal Injury Claims

If you’ve recently suffered an injury due to the negligence of another, you undoubtedly have questions. Luckily, particularly for those individuals who have little experience with personal injury law, most personal injury victims have similar questions and concerns. Below are some answers to common questions about West Virginia personal injury claims. If you’d like to pursue compensation for your injuries, please review the information below, and contact a personal injury attorney as soon as possible to discuss your case. 

Do I have a case?

In order to have a valid personal injury case in West Virginia, you must have suffered an injury due to the negligence or misconduct of another party. Negligence occurs when an individual’s failure to use reasonable care results in an injury to another person. When the court finds a defendant negligent, the defendant is responsible for the injured party’s financial losses.

Who will pay for my injuries?

As noted above, when a party is found to have acted negligently in causing a plaintiff’s injuries, that party is responsible for compensating the plaintiff for his or her losses. However, defendants rarely pay out of pocket in personal injury cases. Rather, insurance companies pay almost all personal injury claims.

How much is my case worth?

The law in West Virginia requires that an injured party recover enough money from a defendant to be made whole. In other words, following a successful personal injury claim, a plaintiff should be in as good of a position as he or she was prior to the accident. These types of payments are called compensatory damages. Common compensatory damages include:

  • Medical expenses
  • Lost wages 
  • Lost benefits
  • Pain and suffering
  • Lost earning capacity
  • Loss of enjoyment of life
  • Loss of consortium 
  • Property Damage

How long do I have to file my lawsuit?

In West Virginia, you must file your personal injury lawsuit within a specific amount of time after an accident or injury has occurred. If you fail to file your lawsuit within this time period, the court will dismiss your lawsuit, and you will lose your right to recover for your injuries. However, the amount of time you have to file a lawsuit depends on the type of accident in which you were involved. Therefore, if you’ve been injured, it’s imperative to contact a personal injury attorney as soon as possible to discuss your eligibility for compensation. 

Should I hire a West Virginia personal injury lawyer? 

If you’ve suffered an injury, you need an aggressive personal injury attorney on your side. An experienced personal injury attorney will protect your legal rights and guide you towards the proper course of action based on your situation. At Hewitt & Salvatore, we pride ourselves on providing personal attention to each case that bigger firms simply can’t match. We treat each individual case as our top priority, and we take pride in meeting the needs of our clients. At Hewitt & Salvatore, you can trust our West Virginia attorneys to see your claim through to a successful conclusion. Please contact our office today and get the legal help you need.