Charleston Personal Injury Lawyer
When you’re seriously injured in an accident, it can be overwhelming not just for you but for your family as well. You’re now faced with unexpected medical bills and lost wages and if someone else caused your injury, that often adds another level of complication.
Insurance companies representing those who are responsible for your accident may try to take advantage of victims like you during this difficult time to minimize their potential payout.
If you or someone you know has been injured due to the negligence of someone else, reach out to an experienced Charleston personal injury lawyer. Our office serves the Charleston area and many other cities across West Virginia, and we’re here to assist you with your case.
What Is Personal Injury?
Personal injury is really just as it sounds: an injury that is inflicted upon a person’s body or their personal self, as opposed to damage to a vehicle or other property. This could be an injury from a vehicle collision, a faulty product, or a doctor’s mistake during a medical procedure.
There are a variety of incidents in this category that our firm handles, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Birth injury
- Nursing home abuse
- Product liability
- Premises liability
- Sexual abuse
- Construction accidents
- Wrongful death
These types of incidents occur every day across the Mountain State.
According to the U.S. Bureau of Labor Statistics (BLS), 36 people were killed in 2021 due to workplace accidents in West Virginia. Additionally, a State Highway Safety Report from the Federal Highway Administration (FHWA) showed there were 766 serious vehicle collision injuries reported on West Virginia roads during 2021.
How To Know if You Have a Case
You’ve been in a car accident with a work truck, or you slipped and fell at your favorite boutique.
Now, you have an injury, and you believe someone else’s negligence is to blame. But what information do you need to show that another individual or company is at fault for your injury? To have a successful personal injury case, the following four things need to be proven:
- Duty of care: A person is held to a legally recognized duty of care. This means that they must do all in their power, either by action or inaction, to prevent reasonable harm to others. For example, if a drowsy employee gets behind the wheel of a work truck and causes an accident, their action can cause harm to another person. Or, if a business owner is made aware of a broken step outside their store and does nothing to fix it, their inaction may cause a patron to fall and suffer an injury.
- Negligence: Proving negligence is perhaps the most important step in a personal injury case and can often be the most difficult. Evidence must be presented that shows the defendant failed to meet the duty of care that someone of ordinary skill and judgment would have exercised in the same circumstances.
- Causation: The evidence shows that someone else is the cause of your accident and injuries. This could be straightforward as cause-in-fact or a little more complex as proximate cause. An example of cause-in-fact is a driver swerves and hits your car, that driver is the cause of your accident. However, if that driver swerved to avoid a pedestrian who was jaywalking, the pedestrian’s illegal actions may be considered the proximate cause of your accident.
- Damages: You must provide documentation (such as medical bills, doctor’s notes, therapy appointments, etc.) that shows the damages you have suffered as a result of the accident. This could also include proof of lost wages or pain and suffering.
If these four elements can be established in your case, then you’ll likely have a valid personal injury claim and receive compensation for your injuries and losses. Also, depending on the details of your case, punitive damages may be awarded. Your Charleston personal injury lawyer will be able to answer any questions you have about this process.
What Our Injury Lawyers Will Do for You
Although you’re not required to hire an attorney for your personal injury claim, we strongly suggest doing so for several reasons.
Pursuing legal action against another individual can be a daunting task, and without the knowledgeable assistance of a lawyer, you may not be able to prepare the strongest case for yourself, or you may be forced to agree to a settlement for much less than what you’re owed for your injuries.
When you hire an attorney from Hendrickson & Long, PLLC, we’ll ensure your claim is filed within the statute of limitations. In West Virginia, this time frame is generally two years from the date of your accident or from the day you discovered your injury.
It’s essential for the success of your claim to file before this time is up, or you risk losing the right to recover compensation for the injuries you sustained.
The legal process can be complicated, but rest assured that our team is experienced and equipped to handle every aspect of your case. Your attorney will ensure that all necessary evidence (medical bills, doctor’s notes, photographs, witness statements, etc.) is gathered, and they will negotiate with insurance companies, those responsible for your accident, and their lawyers to secure a proper and complete settlement for you.
Compensation for Your Personal Injury Case
As previously mentioned, if your case fits the four elements of negligence, your legal representative will fight for the compensation you’re owed for your injuries and damages. Common damage claims our office sees in cases like yours are:
- All medical expenses (doctor’s visits, medications, therapies, etc.)
- All current and future lost wages
- Loss of enjoyment of life
- Disfigurement or amputation
- Pain and suffering
- Mental anguish (including post-traumatic stress)
- Necessary home modifications or medical devices due to disability
- Loss of life
If you’ve been injured in an accident, having a competent attorney on your side will increase the likelihood that you’ll receive a fair and complete settlement. Our team has the skills and resources to ensure you recover all the compensation you’re entitled to under West Virginia law.
Protecting Your Rights
At Hendrickson & Long, PLLC, we understand how devastating the aftermath of any type of accident can be and we want to reassure you that you are not alone in this fight. We want you to focus on healing from these unexpected injuries while we handle all the legal details of your case.
Don’t wait another day; contact our office for your free consultation, and a Charleston personal injury lawyer will review your case.
We’re here to fight for the rights of victims just like you in Charleston or anywhere in West Virginia.