Charleston Personal Injury Lawyer
Charleston Personal Injury Attorney
When an accident results in a serious injury, it can require extra doctor and hospital visits, physical therapy or other ongoing rehabilitative services, or even problems that can last the rest of your life, not to mention missed work, additional expenses, and the stress of having to deal with insurance companies. A trusted Charleston, WV personal injury lawyer at Wooton, Davis, Hussell & Johnson, PLLC can alleviate your burden and help you seek compensation.
For decades, our skilled legal team has provided high-quality representation with a client-focused approach. When you hire a personal injury lawyer at Wooton, Davis, Hussell & Johnson, PLLC, you can expect a fierce advocate for your rights and a personable, outgoing guide through the legal process of recovering damages for your injury. Our top priority is to maximize your settlement so you can focus on healing.
Personal Injury Claims We Handle
According to recent information by the National Safety Council (NSC), West Virginia has the highest rate of deaths as a result of preventable injuries such as motor vehicle crashes, Falls, poisoning, and choking. The state’s preventable injury-related death rate is 122.9 preventable deaths per 100,000 residents. This is nearly twice the national rate of 66.5 preventable deaths per 100,000 residents. The most preventable injury deaths were related to poisoning.
Our attorneys have a deep knowledge of personal injury law and extensive experience holding negligent parties accountable for the injuries they cause. Common causes of personal injuries that lead to compensation for the injured party can include:
- Traffic accidents, including cars, trucks, motorcycles, bicycles, or pedestrians
- Slip and fall accidents
- Workplace injuries
- Injury on public premises
- Defective products
- Wrongful death
- Pedestrian accident
West Virginia Personal Injury Laws
A personal injury is any injury to your body, your emotions, or your reputation. To have legal grounds for a personal injury claim, certain conditions must be met. The injury you sustain must be caused by someone else’s actions or negligence, and you must have suffered legally recognized damages due to the injury. The burden of providing the evidence for a personal injury claim falls to the person who files the claim, which is generally the injured person.
In most personal injury cases in West Virginia, the injured person has 2 years from the date of injury to file a legal claim. If a person does not file within 2 years, their case is generally dismissed, even if they have serious injuries. This includes cases involving most traffic accidents, distracted driving accidents, product liability, premises liability, and slip-and-fall accidents. This also includes wrongful death claims.
Fault in West Virginia
In legal terms, fault is the term used to describe an act or failure to act that causes an injury or death to another person. West Virginia uses a modified comparative fault standard, which means that fault can be assigned to more than one party, including the injured person. As such, a person can recover damages only if they are found to be less than 50% at fault. In addition, the amount of compensation they can receive is reduced by their own percentage of fault.
There are several types of legal fault in West Virginia. Some of the most common examples include:
- Negligence means that someone else did not act in accordance with the level of care that most people would deem necessary for a situation. For example, a department store employee who does not post a wet floor sign after mopping the store might make the store negligent if a customer slips and falls.
- Strict liability means that someone else is responsible for an injury, even if they followed their duty of care. For example, if a dog bites someone, the dog’s owner is liable, even if the owner took steps to prevent the incident from happening.
- Intentional wrongs mean someone commits an intentional action that harms another person. For example, a criminal assault or a prank that leads to an injury.
Types of Damages
Damages in a personal injury case reflect the losses a claimant suffers because of the injury. A settlement in any one personal injury case in West Virginia may include one or more types of legal damages. These include:
- Economic damages – compensation for financial losses related to the person’s injuries, including medical expenses and lost wages
- Non-economic damages – compensation for the mental anguish, pain, and suffering that affects the claimant as a result of their injury
- Punitive damages – damages intended to punish a party that is at fault for an injury due to malice or egregious recklessness
What a Charleston Personal Injury Lawyer Can Do for You
An experienced personal injury attorney in Charleston can review the evidence in your case, discuss the process with you, explain how the laws apply to the unique facts of your case, and work with other professionals, such as expert witnesses, when necessary. Your lawyer’s main job is to create an aggressive legal strategy tailored to your case and your needs.
In many cases, an attorney can also act as a barrier between you and insurance Companies, bill collectors, police, and others. Many personal injury cases can be resolved without going to trial. However, it is essential to hire a personal injury lawyer who has a solid track record of successful outcomes in similar cases.
This demonstrates the litigation and negotiation skills necessary to go toe to toe with insurance companies’ legal teams in even the most complex injury cases, and a commitment to working tirelessly to advocate for their clients’ interests. At your consultation, bring any documentation you have related to the incident and your injury. This can help your personal injury lawyer get started on assessing your case. Common examples of such documentation include:
- Medical bills and records
- Police reports and other official documents
- Documentation of missed work, loss of income, and other expenses resulting from the injury
- All letters, emails, and other correspondence from insurance companies
- Photos of your injuries and damage to property
- Any other paperwork that is related to the accident or your injury
FAQs
What Are the Odds of Winning a Personal Injury Claim?
The odds of winning a personal injury claim depend entirely on the unique facts of the case. Some factors that can influence the outcome of a personal injury case include the type and severity of the injury, the number of liable parties, whether there are permanent injuries, and more. In addition, winning can mean different things, depending on the client’s goals. The most effective way to determine the likely outcomes in your case is to consult with a lawyer
What Should You Not Say to an Injury Lawyer?
In general, it is recommended to be open and honest with your personal injury lawyer. It is crucial for your lawyer to have all relevant information about your case so they can develop the strongest legal strategy possible. Do not feel like you need to apologize or underplay your injuries or damages. However, you should not lie to an injury lawyer and try to keep the discussion related to the incident, your injury, and other details of the case.
What Is the Hardest Injury to Prove?
The hardest injuries to prove are chronic pain, psychological damage, and other invisible injuries, which means injuries that are not visible in a medical scan, like an X-ray or MRI.
These are so hard to prove because evidence is often based largely on the patient’s subjective experience, which can be difficult for outside observers to quantify. However, a qualified attorney can introduce medical records, documentation of the impact on daily life, and other evidence.
How Much Should You Expect in a Personal Injury Settlement?
How much you should expect in a personal injury settlement can vary significantly from one case to another. The amount of settlement is generally based on the economic and non-economic damages suffered by the injured person. These can include medical bills, lost wages, other related expenses, and pain and suffering resulting from the ways a person’s quality of life has been negatively affected by the injury.
Your Trusted Charleston Personal Injury Attorney
At Wooton, Davis, Hussell & Johnson, PLLC, we know that a serious injury can have a significant impact on the injured person’s life and family for weeks, months, or even years after the accident. Our personal injury lawyers have helped countless people in and around Charleston, West Virginia, obtain the compensation they need due to the actions or negligence of others.
You don’t have to face a personal injury claim alone. If you or a loved one has been seriously injured because of another person’s actions, our skilled and compassionate legal team can help you recover damages and hold the negligent party accountable. Reach out to our offices right away to set up an initial consultation and discuss the legal options in your case. The sooner you engage our legal team, the sooner we can begin helping you explore your options.
Charleston, WV Personal Injury Resources
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