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Morgantown Personal Injury Attorney

Morgantown Personal Injury Lawyer

Each year, an estimated 57.5 and 40 million Americans, respectively, visit a doctor’s office or hospital emergency room seeking treatment for an injury or because of a complication associated with medical treatment, according to the National Center for Health Statistics.

If this data tells you anything, it’s that the risk of getting hurt is a reality many of us face. And, while many people make poor choices that lead to them suffering harm, ask any Morgantown personal injury lawyer, and they’ll quickly highlight how many of these injuries are attributable to someone else’s negligence.

So, what are your legal options if someone’s reckless actions resulted in you getting seriously hurt?

If you’re able to establish the elements of negligence or prove that a defendant breached whatever standard applies to your respective type of case, then it’s likely that you have a fileable claim. West Virginia law affords victims the right to demand compensation from the party responsible for injuring them by filing a legal action such as this.

Are you unsure whether you have a viable claim or how to build a solid case for compensation?

An initial consultation with our attorneys at Hendrickson & Long, PLLC, is completely free, so call or email to schedule one now.

Cases Our Injury Attorneys Handle

Personal injury law is a broad practice area, and , unfortunately, there’s no shortage of individuals in Morgantown, WV, who experience temporary setbacks or have their lives forever changed after suffering injuries or illnesses through their involvement in the following:

What do all of the above-referenced injury events have in common?

It’s that the mistakes, errors, carelessness, recklessness, or other type of negligence that result in them are generally avoidable, meaning that these are preventable accidents.

Understanding Fault in West Virginia

When injury incidents like the ones listed above occur, it’s necessary to not only establish that the party who harmed you had a duty of care to ensure your safety, but that the actions they took breached that duty, causing you to suffer injuries, an illness, or the loss of a loved one, or resulted in you suffering financial consequences as well.

It’s not enough to say someone caused you harm, the responsibility falls on you as the victim to produce evidence that supports your claims.

Common evidence that may substantiate your claims of negligence include:

  • Police or incident reports
  • Witness statements
  • Photos or videos
  • Physical evidence, such as an actual tool used to commit a violent assault
  • Medical records

There are certainly other pieces of evidence, depending on how your accident occurred, that may be critical in proving your case. However, it’s important that you know that sometimes that’s not good enough.

In other words, that evidence doesn’t guarantee a “win.”


It comes down to our modified comparative fault rule that we have here in West Virginia. Under that rule, to be eligible to recover compensation in their case victims must be no more than 49% liable for the accident that resulted in their injuries.

And, you better bet that the defense is going to be carefully examining the same evidence above (and anything else) to deny liability whenever possible to keep their expenses low.

This is why a Morgantown personal injury lawyer who is experienced in handling cases like yours will steer clear of providing a definitive answer when asked what they think a case is worth. There are too many factors that can affect such estimates, and while we can sometimes provide a ballpark figure  based on an analysis of the evidence we have, we sometimes have to wait to hear from the other side to have a better idea.

Qualities a Legal Advocate Should Have

Prospective clients will often reach out to our law firm upon realizing how challenging it is to juggle the recovery or grief process, deal with insurance adjusters, and trying to stay financially afloat.

When they do, they’re often so desperate for help that they’re unable to hone in on the attributes they should be looking for in an attorney to know if they’re the right fit.

Some attributes you should look for legal counsel you’re considering have represent you include:

  • Experience handling similar cases to yours: The attorney you hire should demonstrate competency in the regulations and laws associated with whatever type of incident that injured you. They must additionally understand what goes into building a strong case duty, including proving that a defendant violated their duty or standard of care or that there was a breach of warranty involved. Having a thorough understanding of the elements of negligence, fault systems, and liability and the applicability of these concepts is also critical for any lawyer handling injury or wrongful death cases to have.
  • A track record of securing settlements for clients: Some of the most talented personal injury attorneys are skilled negotiators.
  • Solid references or reviews: While it’s ideal for law firms to have solid online reviews, if they have only a few, you might just want to simply call the office up and see what your “gut feeling” tells you. Given how attorneys who practice personal injury law often offer free case reviews, have a no-risk meeting to see for yourself how you and the lawyer mesh. Asking friends and family members what they know about a firm. And asking the firm itself if they can provide any references doesn’t hurt either.
  • A willingness to take a case to trial if needed: There are some lawyers that will handle cases during the pre-litigation phase. In other words, they settle it out of court through negotiation, if they can. Then those who will see it through, even if the case ultimately has to go to trial. Cases in which liability is unclear, or which demand significant damages, are generally most likely to go to trial. You may want to ask about your lawyer’s comfort level in taking cases to trial in the event it can’t be resolved amicably outside of a courtroom.

How Much It Costs to Hire a Personal Injury Lawyer

Often, a victim has lost so much and incurred so many expenses in the aftermath of their accident that they barely have the means to afford their basic necessities. In fact, they’re sometimes so financially burdened that envisioning having to foot the bill for an attorney to represent them is just out of the question.

Another piece of good news that we can share you is that we work on a contingency fee basis, so there are no upfront fees to hire us.

What is a contingency fee structure? It’s one where we offer to get to work for you for free in exchange for you signing an agreement allowing us a portion of any settlement we’re successful in recovering on your behalf in your case.

What To Expect During Your Initial Consultation

Initial case reviews, or consultations, generally occur either in person in our office or via a video platform. During that meeting, we go over what occurred leading up to your accident, the steps you took following it, the injuries you suffered and what your prognosis is, and other details. All with the goal of trying to understand if you have a valid claim and where fault and thus liability lies.

This is where it can be helpful for you to bring any supporting documentation you may have. This way, your attorney can analyze it for any legal nuances that may affect fault determinations. Additionally, this information can be used to begin crafting the demand letter and calculating the damages in your case, should you decide to hire an attorney to represent you.

Finally, come prepared with any questions you may have for the lawyer about their academic credentials, experience, success rates in similar cases, communication style, and more. This consultation is your opportunity to have your attorney’s captive attention.

Again, your consultation with a Morgantown personal injury lawyer is completely free, so use our contact form to send us an email or simply reach out to us by phone.

Our Hendrickson & Long, PLLC legal team looks forward to advocating for you.

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Call us or fill out the form on the right to tell us about your potential case. An attorney will get back to you as quickly as possible.