Beckley Personal Injury

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Navigating an injury is often painful and frustrating, and some severe injuries can result in years of recovery and complications. This process can be additionally upsetting when your injury was caused by the negligence or recklessness of another person or group. If someone else was to blame for your injuries, you could recover financial compensation with the help of a Beckley personal injury attorney.

When another party causes your injuries, you should not be responsible for the cost of financial losses and bills. If you believe you have a personal injury claim, you need a skilled and responsive attorney to ensure you get the most compensation possible.

Community-Oriented Personal Injury Attorneys in Beckley

The team at Wooton, Davis, Hussell & Johnson, PLLC, has worked to represent injured individuals in personal injury claims for over 40 years. We focus on obtaining what you need from a claim and determining whether it is more beneficial to reach a settlement outside of court or go to litigation. Our lawyers are known to be effective and persistent trial attorneys with strong negotiating abilities.

We have a thorough knowledge of the legalities of personal injury claims, and we can help you get the most compensation possible from civil action.

Damages Available in a Beckley Personal Injury Claim

If you are able to successfully prove that another party is liable for your injury, you have the legal right to recover compensation for all damages relating to the incident. Therefore, the value of a personal injury settlement or compensation award is dependent on the cost of your specific damages and the severity of the at-fault party’s actions. If your injuries are more severe, require more medical care, and are expected to have a longer-lasting impact on your life, you are entitled to more compensation.

Personal injury cases recover compensatory damages, both economic and non-economic. Economic damages are direct financial losses with a set numerical value. This includes losses like:

  • Medical bills for hospital transport, surgery, prescriptions, and other costs
  • Anticipated medical bills related to your injury, including long-term care and future medical complications
  • The cost of replacement services, such as childcare and housekeeping
  • Lost income from recovery days when you could not work
  • Lost earning capacity if you cannot return to work because of the injury
  • Property damages

Non-Economic Damages

Non-economic damages are damages without clear financial values, and this can make them harder to fairly and effectively calculate without a lawyer. Personal injury attorneys have significant experience with non-economic damages. In West Virginia, non-economic damages are capped, but there may be a higher cap for certain catastrophic injuries. Non-economic damages cover losses such as:

  • Pain and suffering
  • Mental anguish
  • Permanent physical or mental disability
  • Permanent physical deformity
  • Loss of enjoyment of life

In rare cases, you can also recover punitive damages. Unlike compensatory damages, punitive damages do not compensate you for any loss. Instead, they are awarded by the court when there is clear and convincing evidence that the at-fault party acted with either:

  1. Actual malice toward you; or
  2. Reckless indifference towards the health and well-being of others.

Punitive damages are also capped in West Virginia, as they cannot exceed a certain value. Punitive damages are less common in personal injury claims, but they may be awarded.

An attorney is an essential ally in valuing your claim, and they have years of experience valuing the non-economic cost of injuries and determining your anticipated economic losses. They can calculate your compensatory damages to maximize your compensation and determine if you may be owed punitive damages.

Types of Personal Injury Claims We Handle

Many accidents and injuries can result in personal injury claims, and many have unique requirements for proving or calculating damages. It’s beneficial to work with an attorney who has handled claims related to your type of accident or the injury you’re suffering from. At Wooton, Davis, Hussell & Johnson, PLLC, we have experience in some of the following types of claims:

  • Auto Accidents

Car accidents are an incredibly common form of personal injury, and even minor collisions can result in neck and spine damage and other trauma. Minor injuries can take weeks to months to recover from, while others may cause permanent damage. If you were in a car accident, and the other driver’s negligence was the cause of the accident, you could file a claim. A driver may be negligent due to driving distracted, failing to use a turn signal, driving under the influence, or otherwise ignoring the rules of the road.

West Virginia is an at-fault state for car accidents, which means that insurance claims are filed with the insurance provider of the driver who was at fault. In some cases, which party is at fault is relatively clear. Sometimes, fault is contested, and the insurance company may even claim you were acting negligently.

An attorney can help demonstrate who was negligent for the accident, help you file your insurance claim correctly and on time, and negotiate with the insurance provider for you. If the maximum coverage is not enough to compensate your damages, an attorney can help you review other possible methods of compensation. This may include filing with your own insurance policy or filing a civil personal injury claim.

  • Truck Accidents

Truck accidents have many similarities to car accidents, but they tend to cause significantly more damage and have other complicated aspects. Commercial vehicles, particularly 18-wheelers, are much bigger and heavier than passenger cars and have a harder time slowing down quickly. These factors make wrongful death and catastrophic injuries much more common.

Truck accidents also involve more parties, such as a corporate trucking company, a shipping company, and other parties with significant resources. These accidents also require knowledge of both state and federal trucking regulations. It is important to have an attorney representing you after these accidents.

  • Other Motor Vehicle Accidents

Motor vehicles can be involved in accidents with many other parties on and near the road, including motorcyclists, bicyclists, and pedestrians. These parties are more likely to suffer catastrophic injuries or death after an accident. If you or a loved one was injured or killed in a motor vehicle accident, you could receive compensation for losses.

  • Premises Liability

Property managers and owners are responsible for the upkeep and maintenance of their property, and if someone is injured as a result of their negligence, they could be held liable. This includes slip and fall injuries, dog bite attacks, negligent security resulting in criminal activity, and other hazards that cause injuries. Property owners are not liable for injuries suffered by trespassers due to the property owner’s negligence.

  • Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to uphold the professional standard of care, and their negligent actions result in injury or death. Patients place their trust in medical providers to care for them, but unfortunately, some providers do not live up to the standard of care that they should.

Medical malpractice may include a doctor failing to diagnose an illness or condition despite clear evidence, a pharmacist filling the wrong type or dosage of medication, a nurse causing a birth injury due to improper procedure, or a caretaker in a nursing home being negligent in their care for residents.

These claims are some of the more complex types of personal injury claims. If you were an injured patient, you should get the help of a skilled attorney to effectively represent you against the resources of the provider and their healthcare facility.

  • Product Liability

Product liability claims work differently than other types of personal injury claims. This is because product manufacturers and designers can be held strictly liable for unreasonably dangerous and defective products. These claims do not require you to prove negligence; however, there are additional requirements.

  • Coal Mining Injuries

Injuries in coal mining excavation sites are unfortunately common, and both employees and other individuals can be injured. Accidents can occur due to collapsing excavation walls, ceiling and tunnel collapse, broken beams and support, and heavy machinery accidents. It can be difficult to determine who was at fault for these accidents and whether employees can pursue compensation outside of workers’ compensation claims.

  • Other Workplace Injuries

When West Virginia employees are injured, they can typically recover compensation through a workers’ compensation claim. A workers’ compensation claim does not require you to prove negligence, but the compensation it brings can be limited. Employers are required to carry this insurance, and it protects the employer from individual liability.

If an employer does not have workers’ compensation insurance and should, an employee can file a personal injury claim. You may also be able to file a civil claim if your injury was caused by a third party or if your employer intentionally exposed you to unsafe working conditions that violated laws or industry standards, which led to serious injury or death.

  • Wrongful Death

Wrongful death claims are filed by surviving family members if their loved one was killed due to someone else’s negligence. Their loved one may have died immediately or may have passed away later due to complications from the injury. Family members who can file a wrongful death claim include a spouse, children, and other family members if they were financially dependent on the deceased.

No financial award will recover the immense loss of a loved one. What this compensation can do is provide you with a level of financial certainty during a period of grief and loss and hold the at-fault party liable for their actions. An attorney can make the process of filing this claim easier for you and your family.

Find the Right Beckley Personal Injury Lawyer

You have a limited period of time in which you can file a valid personal injury claim. It’s important to find skilled legal help as soon as possible. Contact Wooton, Davis, Hussell & Johnson, PLLC, today.