Charleston Personal Injury Attorney

Being a victim in a car crash, harmed by medical malpractice, or getting hurt because you used a faulty product can cause an undue burden on your life. Through no fault of your own, now you must deal with unexpected expenses, a reduction in income, and the physical and emotional pain of becoming injured.

You have the right to take legal action when someone is responsible for your injuries. You may want to handle filing a claim or otherwise take legal action by yourself, but you need to focus wholly on recovery and healing. Where do you turn for help?

At Hendrickson & Long, PLLC, we are here to guide you through West Virginia legal process. Allow us to be advocates on your behalf, from contacting the insurance company to finalizing a settlement. You have already had a traumatic experience, and you don’t need to deal with the hassle of your claim all alone. Contact our office to schedule a consultation with a Charleston personal injury lawyer today.

How Common Are Preventable Injuries?

According to the National Safety Council, Americans suffered 63 million injuries in 2022, which led to 227,039 preventable deaths and $1,283.5 billion in costs. Many of these incidents occurred due to a victim’s own actions; however, some were caused by another party.

If you have suffered an injury due to the negligent or reckless actions of another person, company, or government entity, you have the right to file a lawsuit to recover compensation.

Types of Personal Injury Claims in West Virginia

Have you been injured in Charleston? Some of the most common cases that often result in injuries include:

The above are just a few examples of the cases in which we represent injured clients in at Hendrickson & Long, PLLC. If you believe you were hurt due to the actions or inactions of another, you may be able to pursue a legal claim. Contact our Charleston personal injury lawyer to learn about your options. Initial consultations with our attorneys are free.

Compensation Available to Injured Victims

You may be entitled to compensation if you’re hurt and qualify for a personal injury claim in Charleston. The types and amount of compensation available depend on the circumstances surrounding your Kanawha County case. So, not all cases will qualify for these monetary awards.

In most situations, these types of compensation are available following a personal injury incident in West Virginia:

Medical Costs

Medical expenses are one of the most common forms of compensation in these cases. These types of damages can cover all health care costs incurred due to the injury, including:

Emergency room visits
Hospital stays
Surgeries and procedures
Prescription medications
Rehabilitation and physical therapy
Medical devices and equipment

Lost Wages

These types of damages compensate you for the income you would have earned had you not been injured. This includes wages lost during recovery and future earnings lost if the injury results in long-term or permanent disability.

Pain and Suffering

An award for this type of loss compensates you for the physical pain and emotional distress you may have experienced due to the injury. This compensation is more subjective. Often, it will vary depending on the severity of the injury and its impact on your life.

Emotional Distress

With this type of compensation, it addresses the psychological impact of the injury, such as:

Depression
Anxiety
Post-traumatic stress disorder (PTSD)

In rare cases, punitive damages are awarded if the defendant participated in egregious or malicious conduct. However, these monetary awards are not applicable in all cases. Most of the time, there needs to be proof of willful or reckless conduct that resulted in you getting hurt.

If you want to better understand the possible compensation in your case, you need to schedule a consultation with a personal injury attorney in our Charleston office. We can analyze the strength of your case and calculate the possible damages you may be able to recover by filing a claim or lawsuit in Kanawha County.

How Is Fault Determined in Charleston Injury Cases?

Evidence collected will ultimately aid you and your attorney (as well as insurers) in determining fault in a personal injury claim. Where liability lies will impact how much compensation you may be awarded.

There are several pieces of evidence each party to any legal action will consider when determining where fault, and thus liability, lie in your potential personal injury case, including:

A police report: This includes details such as the date, time, location, parties involved, and initial observations of fault. It may also contain statements from involved parties, witnesses, and any citations issued.
Eyewitness accounts: These can provide unbiased perspectives on how the Charleston injury accident occurred. These statements can corroborate or challenge the accounts of the parties involved.
Medical records: These establish the extent of your injuries and the treatment required to address them. These may include emergency room reports, hospital records, physician notes, diagnostic test results, and rehabilitation records.
Expert testimony: Accident reconstruction specialists, medical professionals, and economic analysts provide their professional insight and opinions to clarify complex aspects of a personal injury case in Charleston. Their opinion can help establish causation, the extent of injuries, and future care requirements.

Strong, clear evidence supporting your claim can boost your negotiating position pre-trail. Unfortunately, not all claims can be settled out of court. In these instances, the above evidence can still be used to persuade a judge or jury that the other party was responsible for your injuries.

Handling these claims can be difficult on your own. Reach out to a skilled Charleston personal injury lawyer to make sure that your evidence is handled correctly and your rights remain protected.

Can I Take Legal Action If I Was Partly at Fault?

In West Virginia, the state follows the principle of modified comparative negligence. This means that, even if you are partially responsible for your injuries, you may still be able to recover some compensation. Keep in mind that the amount will be reduced by your percentage of fault.

There is a 50% rule in place. Under that, you can only recover damages if you are found to be less than at fault for the accident that injured you in Charleston. You will be barred from recovering any compensation once you reach that threshold of 50% or more at fault.

If you believe you have some responsibility for your injuries, make sure to consult with a Charleston, WV, personal injury lawyer. Once your legal team has a fuller picture of your situation, they can help determine if you can pursue a legal claim.

Get the Legal Assistance You Need From a Charleston Personal Injury Lawyer

A Charleston personal injury lawyer is an invaluable asset when you’re planning to file a claim after someone else hurt you. From gathering evidence to negotiating with insurance companies, an attorney’s experience can help to make sure you receive fair compensation for your medical bills, lost wages, and other damages.

If you are looking for a legal team in Charleston to assist with your preventable injury claim, contact Hendrickson & Long, PLLC. You can focus on healing while we handle all the legal details of your case.

Contact our office for a free consultation so we can assess whether you have a pursuable personal injury claim.

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