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Category: Personal injury

Can I Be Compensated If I Was Partly at Fault for My Car Accident?

Posted in Car accident,Personal injury on August 26, 2020

Many car accidents are not as simple as one driver being 100% at fault for the crash. The average crash could involve the shared fault of two or more drivers, as well as third parties such as employers or vehicle owners. You are not alone if you believe you were partly at fault for your… read more

Comparative Negligence in West Virginia

Posted in Personal injury on May 25, 2020

A claim based on someone’s negligence aims to hold that person legally and financially accountable for a victim’s damages for carelessly, wantonly or recklessly causing them. In a straightforward case, a defendant will be 100% responsible for causing a plaintiff’s damages. Many cases, however, involve the question of a plaintiff’s comparative negligence as well. How… read more

West Virginia Punitive Damage Cap

Posted in Personal injury on May 18, 2020

A damage cap places a limit on how much money a plaintiff can receive for his or her losses during a civil claim such as a personal injury lawsuit. It is a statewide law restricting the total amount of compensation an accident victim can recover. Not all states have damage caps. Those that do typically… read more

Statute of Limitations in West Virginia

Posted in Personal injury on March 19, 2020

A statute of limitations is a law in each state that motivates plaintiffs to come forward and submit their claims within a reasonable time. Without a statute of limitations, a plaintiff could potentially wait until 50 years later to bring a claim. Every state has different statutes of limitations. It is important to know and… read more

Should I Settle or Take My Case to Trial?

Posted in Personal injury on March 12, 2020

During a personal injury lawsuit, you have two options for resolving your claim: settle or take your case to trial. Both have potential pros and cons. Most personal injury cases settle, meaning they achieve successful insurance settlement agreements without having to go to trial. If a lawyer believes a trial would be in your favor,… read more

What Is a Demand Letter?

Posted in Personal injury on February 5, 2020

All personal injury settlements begin with a demand letter. Sometimes, a good demand letter is enough to successfully resolve a case. Other times, it simply marks the beginning of a longer negotiation process. Familiarizing yourself with demand letters is important if you recently suffered a personal injury and wish to seek restitution for your medical… read more

What is an Out-of-Court Settlement?

Posted in Personal injury on January 23, 2020

After suffering a personal injury in an accident, you can resolve your case in one of two ways: a settlement or a lawsuit. The vast majority of civil cases resolve via out-of-court settlements. A settlement is an agreement you come to with an insurance company to accept a sum of money in exchange for not… read more

How Do Insurance Companies Calculate Pain and Suffering?

Posted in Insurance law,Personal injury on November 29, 2019

As an injured person, you can claim two types of compensatory damages: economic and non-economic. Economic damages are specific losses you suffered in the accident, such as the exact value of medical bills and lost wages. Non-economic damages, or general damages, are harder to quantify. Non-economic damages refer to your pain and suffering, emotional distress,… read more

What Are the Elements of a Negligence Claim?

Posted in Personal injury on November 21, 2019

If you recently suffered serious injuries in an accident in West Virginia, you may wonder if you have grounds for a claim. While filing a lawsuit against a person or entity for your injuries may seem like a hassle, the results can be well worth the effort – especially if you hire a personal injury… read more

West Virginia Mining Disasters

Posted in Coal mining accident,Personal injury,Workplace Injury on November 14, 2019

West Virginia has a booming coal mining industry. Since the mid-1800s, West Virginians have dug mines to excavate coal as a resource. Today, coal mining is still one of the most important jobs in the state’s economy. Thousands of people work in West Virginia’s coal industry, with almost 11,000 working directly in underground mines. Unfortunately,… read more