The lawyers at Manchin Injury Law Group have gotten hundreds of questions from personal injury clients over the years. We’re here to answer all the questions you might have about your case, starting with the following top 19 FAQs:
Personal injury law permits claimants to seek financial recovery for the damages that someone else causes through lack of due care or negligence. One can file a personal injury claim with the county’s civil courts.
Our firm has represented clients in auto accident claims, slip and falls, dog attacks, defective products, unsafe premises, boating and plane accidents, medical malpractice, wrongful death, and more.
No. One can bring a civil claim in West Virginia on the basis of personal injury, products liability, premises liability, workers’ compensation, medical or legal malpractice, or wrongful death.
Remain calm and call the authorities. Go to the hospital right away. Gather information about your accident. Call your insurance company to report what happened. Then, contact our attorneys.
You need four main elements for a general personal injury claim: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages. In essence, you must prove that someone else caused your accident through an act of negligence or intent to harm.
That depends on the specifics of your case. Review our past case results for an idea of what we might be able to garner for your losses. Contact us for a free evaluation to learn more.
The vast majority of personal injury claims settle successfully without having to go to court. A lawyer’s representation can help persuade an insurance company to offer a greater settlement amount without a trial.
The timeline of your case will be unique. Some cases settle within months, while others have to go to trial for lengthier litigation processes. A claim could last one year or longer in some situations.
The statute of limitations for filing a personal injury claim is two years from the date of the accident, or six months if the defendant is a government entity.
West Virginia is an at-fault, or tort, auto insurance state. This means that the at-fault driver will be liable for everyone else’s damages. You will call the insurer of the at-fault driver to make your report. Then, enlist the help of a qualified car accident lawyer to help navigate the legal proceedings.
As long as the courts find you less than 50% at fault for an accident and your injuries, you can still recover at least a partial damage award under the state’s comparative negligence laws.
Your case may require an investigation to find out who created the proximate cause of your accident. It could be another driver, your employer, a criminal, a product manufacturer, a property owner, the government, and/or another party.
Yes. A hospital may be liable for medical malpractice if it or one of its employees caused a patient’s injuries.
If you suspect employer negligence in a workplace accident, consult with a lawyer about the possibility of filing a claim outside of the state’s workers’ compensation system.
No. Do not discuss your accident or give a recorded statement to insurance companies. The adjuster can use what you say against you.
In most cases, yes. If you suffered catastrophic injuries, expensive property damage, or the loss of a loved one’s life, a claim is likely in your best interests.
Emotional pain and distress, physical suffering, mental anguish, punitive damages, past and future medical costs, lost wages, lost capacity to earn, and other general and special damages.
Attorneys who operate on contingency-fee bases (like us) will only charge you if they win financial compensation. The typical charge is about one-third of what you receive in a settlement, but this can vary.
Yes. Our firm can do wonders for your legal experience, helping you with virtually every aspect of your case. We’ll make sure your family has everything it needs to get through a difficult time. Contact us today for more information.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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