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West Virginia Personal Injury



If you have experienced a personal injury due to a West Virginia accident, which was caused by another, you might be entitled to receive compensation. The compensation or legal recovery you may receive is intended to reimburse you for damages and injuries suffered in the accident. Damages may consist of components such as past and future medical expenses, past and future lost wages, and compensation for pain and suffering you and your family have had to endure.

Common Practice Areas in West Virginia Personal Injury Law

The field of personal injury depicts mental, physical, and emotional harm or damages caused to a person by another party’s negligent actions. Personal injuries can happen in a wide variety of ways and along a continuum of degrees in terms of severity. Triggers for many West Virginia-based personal injuries typically fall into these categories:

West Virginia Personal Injury — Definition of Negligence

To collect a recovery in a personal injury case brought in West Virginia, a successful litigant must be able to prove that the defendant was negligent. How does one do that? The legal principle of negligence is established by showing these elements to the judge or jury in trial or to the opposing party in settlement negotiations:

  • Duty
  • Breach of that duty
  • Actual and proximate (legal) causation
  • Damages

How Does West Virginia Assign Fault Between Parties?

Like 11 sister states, West Virginia adopted the modified comparative fault rule in negligence, called the 50 percent bar rule. The origins of the rule in West Virginia are tied to the landmark 1979 case, Bradley v. Appalachian Power Co., 256 S.E.2d 879 (W. Va. 1979). Pursuant to this rule, a damaged party is unable to recover if she is 50 percent or more at fault for her injuries. However, if she is 49 percent or less at fault, the injured party may be able to recover damages. Judges and juries in West Virginia courts will most certainly lower the ultimate recovery by the proportion of the plaintiff’s own fault for the harm suffered.

To Hire a West Virginia Personal Injury Lawyer, What Questions Should You Ask?

Personal injury cases range widely in significance of injuries and amount of compensation for a potential recovery to the injured party. Since there are many practitioners working in this legal field in any region, it may seem difficult to screen attorneys and decide who is best to prosecute your claim. Help is available. Here are some suggested questions to ask a prospective lawyer when you call for an initial consultation:

  • How many cases have you handled similar to my case?
  • How many cases have you tried in court?
  • What percentage of cases do you try in court and what percentage do you negotiate and settle short of trial?
  • What is my case worth in your opinion?
  • What will you do to make sure that I recover the amount I deserve from settlement or trial?
  • How will you inform me of the status and progression of my case?
  • What do you base your evaluation of my case upon?

Find a local West Virginia personal injury attorney today

A West Virginia personal injury lawyer can help evaluate your situation and explain your legal options. If a West Virginia personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.

Additional West Virginia Personal Injury Resources