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Many accidents occur without warning, and the lasting effects they produce can change a life forever. The fallout from these unexpected incidents routinely involve financial burdens, physical pain, and emotional distress. Fortunately, parties injured in these accidents may have the option to seek compensation for the losses they suffered if their damages were caused by the negligent behavior of another. If you have sustained this type of misfortune, a Charleston personal injury lawyer could help fight for the financial compensation and legal accountability you deserve. Our team of attorneys could guide you through every step of the legal process so you can focus on your physical recovery.
While the situations that frequently give rise to personal injury claims vary, most are a result of careless or reckless behavior of another person or entity. Some of the most common scenarios in which pursuing a civil claim may be an option include:
In any of these scenarios, it is the claimant who has the burden of proving the defendant’s liability. The claimant must be able to prove that the defendant owed them a duty of care which they failed to uphold. This breach of duty must be the direct cause of the injured party’s losses. An experienced Charleston attorney could help someone prove the defendant’s negligence in their personal injury claim.
Because personal injury events happen seemingly out of nowhere, most individuals are ill-equipped financially to handle the medical bills, lost wages, and other economic burdens that begin to mount following a serious accident. In addition to actual expenses incurred due to hospitalizations, ongoing therapies, and lost income due to missed work, people hurt by negligence may be able to obtain payment for emotional suffering, physical discomfort, lost quality of life, and more. However, without the assistance of a lawyer in Charleston, it may prove difficult for injured parties to assemble key evidence, marshal strong legal arguments, and secure the resources necessary to move forward in a personal injury claim. As such, it is important that an injured party speak with an attorney as soon as possible after their accident.
However, prospective personal injury claimants must note that while the law does afford them the right to seek compensation from those found liable for the harm they sustain, the time in which to do so is strictly limited by statute. Based on West Virginia Code §55-2-12(b), injured parties generally must file their claims within two years of the incident at issue or the date upon which they became aware of the harm sustained.
Those considering legal action should also understand that state law follows a theory known as modified comparative negligence in personal injury cases. This means that a claimant may only receive compensation in a case if they are 50% or less to blame for the underlying event. If a plaintiff is assessed to be partially at fault for the accident, any compensation ultimately awarded will be proportionally reduced to reflect their percentage of fault.
Even in cases where fault may seem obvious, making a conclusive demonstration of legal liability and attaching an accurate dollar value to losses sustained is far from simple. A Charleston personal injury lawyer understands what is required to prevail and is prepared to begin the fight for fairness on your behalf. To learn more about your options for legal recourse following a serious accident, contact our team today.
Jan Dils, Attorneys at Law