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You may be unable to work, have difficulty performing regular daily activities, and require round-the-clock care, creating even more financial pressures.
At our firm, we can help you recover the maximum possible monetary compensation for your losses. Our injury attorneys understand the life-altering struggles that severely injured people face and advocate strongly on behalf of our clients. Our West Virginia catastrophic injury lawyers bring a personalized approach to each and every case, fighting for the plaintiffs we represent from the time of the very first meetings.
Life-changing accidents can often be attributed to third-party negligence. Severe and debilitating injuries can result from property accidents and motor vehicle collisions, including car, truck, and bus crashes. Premises liability might factor in when icy stairs or slippery flooring results in slips, falls, or head trauma. Vehicular accidents often lead to catastrophic injuries, especially when they involve large commercial trucks, motorcycles, cyclists, or pedestrians.
Commercial trucks commonly cause multi-car accidents and may also be carrying combustive materials and liquids that could catch fire during collisions with other vehicles or inanimate objects. School and commuter bus accidents also commonly cause catastrophic injuries due to their size and weight.
Other common causes of catastrophic impairments include medical malpractice and defective products. Examples of medical malpractice include birth injuries, prescribing the wrong medication, leaving foreign objects inside someone during surgery, and failing to diagnose major illnesses. Defective products can leave people severely burned, disfigured, or otherwise injured.
Serious and permanent injuries may include any of the following:
The injured party, or willing friends and family members, should take pictures and videos of the accident scene, if possible. It is also advisable to obtain copies of the police report and the emergency room medical report if applicable. Any witness statements also provide value in legal claims. The more evidence attorneys receive, the easier it becomes to formulate a successful claim against the offending parties. Typical economic damages recovered in catastrophic injury cases include medical care, lost wages, disability, and physical and occupational therapy. Damages could also be non-economic and include reduced enjoyment of life, mental distress, and emotional anguish.
West Virginia applies a two-year statute of limitations to catastrophic injury cases. The date of the accident typically functions as the start date. Any claims filed after the two-year period may be considered void, leaving the claimant unable to apply for compensation. It is therefore essential to speak with a legal professional as soon as possible after a catastrophic accident to avoid filing after the statutory deadline.
When you are seriously injured, properly valuing your claim is very important. A case’s value will be affected by the pain you experience, the extent of your injuries, past medical care, future expected treatments, and level of impairment. An experienced attorney may work with medical, forensic, and engineering experts to prove liability and the amounts of damages you deserve to recover.
It could take significant time to recover from the emotional and mental trauma of a catastrophic accident. Not only do they have to adjust to their new lives, but many catastrophically injured individuals also deal with Post-Traumatic Stress symptoms relating to the accident, such as nightmares and a reduced ability to perform daily tasks. Victims might also develop phobias that relate to their accident, like fear of fire, vehicles, or certain types of premises.
West Virginia uses standard comparative negligence to assign fault in personal injury cases – catastrophic and otherwise. The standard comparative negligence rule allows a claimant to collect damages as long as they bear less responsibility than the defendant. In other words, a catastrophically injured claimant must bear less than 50 percent of the liability to qualify for damages, although his or her compensation would be reduced by the percentage of liability attributed to him or her. For example, an individual who is 30 percent responsible for his or her injuries will have the damages reduced by that percentage, allowing him or her to collect 70 percent of the total compensatory award.
When you have suffered severe injuries as a result of the negligent or wrongful actions of others, you deserve to be compensated fairly. When you are in the process of recovering, you should not be left dealing with insurance companies and attempting to negotiate on your own. With knowledgeable legal representation, injured plaintiffs are more likely to recover amounts that are sufficient to compensate the losses they have suffered. Contact a West Virginia catastrophic injury lawyer at our firm today to get started on your journey to justice.
Jan Dils, Attorneys at Law