When a person, company or government agency’s negligent, reckless or intentional actions cause another person to be injured, then the injured party (known as the plaintiff) can file a personal injury lawsuit against the responsible party (known as the defendant). If you’ve been hurt and another party is to blame, a Charleston personal injury lawyer can review the specific details of your case and help determine if you have grounds for a lawsuit under West Virginia personal injury laws. If your case is successful, you’ll be entitled to damages, or compensation for your injuries.
Winning a West Virginia Personal Injury Lawsuit
To win a West Virginia personal injury lawsuit, you and your attorney must prove:
- The defendant had a legal obligation to try to avoid injuring you. This responsibility is known as a duty of care.
- The defendant violated his or her duty of care, acting in a negligent, reckless or intentional manner, and you were injured as a result.
- Because of your accident or injuries, you suffered financial expenses or losses.
Damages in a West Virginia Accident Lawsuit
If you win your lawsuit, you’ll be entitled to compensation. This typically falls into three categories.
Economic damages pay for accident-related expenses that can be quantified. These would include medical bills, lost wages, the cost of repairing or replacing damaged property, and other expenses. Non-economic damages compensate injury victims for losses that are harder to calculate, such as pain and suffering. If your injuries are related to a medical malpractice claim, non-economic damages are capped at $500,000. Lastly, punitive damages are intended to punish the defendant in the event that egregious behavior led to your injuries. Punitive damages are not always awarded to accident victims, and under West Virginia law you’re ineligible for punitive damages if the defendant is a government agency.
West Virginia also uses what’s known as a modified comparative fault rule when calculating damages. The court will attempt to determine how much responsibility the defendant bears for the accident and how much of the blame falls on the victim. You may only recover damages if you bear less than 50 percent of the blame. If you have more than 0 percent responsibility but less than 50 percent responsibility, any damages you receive will be reduced in direct proportion to your share of the responsibility for your accident.
West Virginia Statute of Limitations
Under West Virginia personal injury law, you have two years from the date of your accident to file a personal injury lawsuit against the responsible party. If you are the victim of medical malpractice, the clock starts ticking when your injury or illness is diagnosed. (This deadline is known as the statute of limitations.) Because lawsuits can take months to prepare, it’s a wise move to hire a Charleston personal injury attorney as soon as possible after your accident or injury.
