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The Manchin Injury Law Group is a group of dedicated attorneys in West Virginia who fight for the rights of injured people. We have been working in personal injury law for more than 30 years, which has given us the experience to most effectively fight for you. We care for each client personally and advocate for the outcomes that will help our clients the most.
We keep a life-care planner on retainer when preparing personal injury cases. These medical professionals analyze your need for medical care, rehabilitation, and personal care. This gives us a more specific idea of what area we need to explore to get you fair compensation to cover medical bills, lost wages, and the costs for other care you need.
Personal injury cases can stem from a wide variety of incidents. What matters most in these cases is negligence. If someone slips and falls on the ice after a snow storm, he or she likely has no one to blame for the fall. However, if a business owner failed to remove snow or ice after a storm, the owner may be liable for the injuries of someone who fell trying to enter.
The most common type of personal injury case involves car accidents. Usually, the accidents occur because someone is either driving while distracted, e.g., texting while driving, driving under the influence of drugs or alcohol, or is not following the rules of the road. In these cases, the careless driver would be liable for the claimant’s injuries and responsible to compensate the victim for those injuries if the claimant can prove the driver was negligent while behind the wheel.
Medical malpractice, defamation, and dog bites are other common types of personal injury cases in West Virginia. In some states, pet owners are not responsible for a bite unless they knew – or should have known – that their pet was dangerous. Other states have a one bite rule, whereby the pet owner is responsible if the pet has bitten someone before. In West Virginia, however, a pet owner bears all responsibility for a pet’s behavior; the owner of the dog is responsible for the attack no matter the circumstance, even if the dog has not shown any evidence of being aggressive in the past.
In West Virginia, you have two years from the date of the incident to file a claim. However, if the plaintiff isn’t immediately aware of the negligence, the statute of limitation’s clock doesn’t start until the date of discovery. If you file a claim beyond that time frame, the courts will likely dismiss your suit, even if it has merit.
Every case centers on determining who is responsible for the incident. West Virginia follows the comparative negligence rule. If you win the case, the courts will reduce the amount of the award by the percent you are responsible for the accident. For instance if another driver is texting and hits a pedestrian, but the pedestrian was crossing against the light, the pedestrian bears some responsibility for the accident. If the courts determine the pedestrian was 10% at fault, the award will be 10% less than it would have otherwise been.
In West Virginia, there is a cap on the compensation a plaintiff can receive in a personal injury claim. The courts can award a maximum of $500,000 for non-economic damages in cases that were fatal or caused injuries that are permanent and substantial. In most personal injury cases, the financial cap is $250,000 for pain and suffering. In both these types of cases, plaintiffs may also receive compensation for medical expenses and lost wages due to the injury or having your ability to earn reduced by the accident.
Manchin Injury Law Group has the drive and determination to help you obtain fair compensation after a personal injury. We are compassionate with our clients but tough in court. We will take the time to understand your personal situation and work tirelessly to get the maximum award available. Contact us today to learn how the Morgantown personal injury lawyers can help secure the compensation you deserve.