Charleston Personal Injury Lawyers

West Virginia’s Comparative Negligence Law

In West Virginia, liability after an accident is distributed comparatively to what each party did to cause the accident and any resulting injuries. Each party can be held accountable for damages equal to their percentage of assigned or determined liability. For example, if a drunk driver hits you and 100% of liability is given to them because you were comparatively 0% liable, then you can demand 100% of your damages.

However, comparative negligence law in West Virginia can block a personal injury claim filed by any party deemed to be liable for at least 51% of the wrongdoing. With comparative negligence in play, it is crucial that you do all you can to prove your liability for your accident was as minimal as possible, ideally down to 0%. Choosing to work with a highly experienced team of personal injury lawyers like ours is a helpful starting point to investigate your accident and prove your liability is minimal if not nonexistent.

Damages in a Personal Injury Claim

Damages you receive in a personal injury claim can help pay for:

• Medical bills related to emergency medical care, surgeries, hospitalization, and pharmaceutical prescriptions.
• Cost of future medical treatments like rehabilitative physical therapy to restore motion to an injured limb.
• Wages you lost due to being unable to work while trying to recuperate from your injuries.
• Repair or replacement costs for any property destroyed or damaged in your accident.
• Modifications to your day-to-day living to increase your comfort, like wheelchair ramps and stairlifts in your home.
• Undue pain, suffering, and emotional trauma you experienced due to your accident.

In rare situations, you may also be able to receive punitive damages after a successful personal injury lawsuit that goes to court. Punitive damages are assigned by a judge or jury as an additional way to penalize the defendant for egregious or malicious wrongdoing. For example, someone who causes a crash at 100 miles per hour could face punitive damages since driving at such a high speed is obviously and incredibly unsafe.

How Your Claim Might Unfold

There are many ways that a personal injury claim can progress, as every detail of your claim can change the next step. With Katz Kantor Stonestreet & Buckner, PLLC at the helm of your Charleston personal injury claim, you will know that your case will be ready for anything, though.

A quick outline of how a typical personal injury claim looks includes:

• Calling an attorney to begin the claim.
• Investigating evidence, determining liability, and calculating damages.
• Filing a claim and waiting for a response from the defendant’s representatives.
• Negotiating for a fair settlement amount upfront.
• If settlements fail, preparing for litigation through the discovery process and speaking with expert witnesses.
• Attempting a final mediation session to conclude the claim with a settlement before going to court.
• If mediation fails, heading to the courtroom for a trial.

Don’t go through your injury claim on your own. Call (304) 713-2014 to request our help. Request a free consultation today!