Posted in Personal injury on September 20, 2022
It is the goal of the team of legal professionals at the Manchin Injury Law Group to represent our client’s position with the depth of our resources and to enable the general public to recognize their potential claim for a personal injury action. The purpose of this blog is to educate the public about when to seek the representation of a personal injury attorney and what actions to take to protect their position.
If you suffer an injury, a loss or damage resulting from an action, or the inaction, of another person, whether by accident or intention, then your loss is the basis of a personal injury claim. This injury can be either physical or emotional, or both. It is the decision of an experienced personal injury lawyer to determine the extent of the pursuit of the claim with the insurance company and the responsible party.
The loss and damage claims handled by personal injury lawyers are those resulting from car accidents. The other types of cases can include:
Although the above is a list of common types of personal injury claims, this is not to say that all personal injury lawyers have expertise in all of the listed types. Each of these claim types have technicalities and specific rules of procedure to follow. It is important for a person to make sure that the personal injury lawyer retained has the experience and the expertise in the claim type.
The claim filed against the person or company responsible for the loss, injury or damage is an action filed in civil court. Every person who suffers an injury and/or damage has the right to be fairly compensated for the value of both the physical loss and the emotional suffering.
The loss categories are economic, or the physical losses, and the non-economic, or the pain and suffering. The economic losses are evidenced by all out-of-pocket expenses paid by the injured person, as well as any lost wages. The value placed upon the non-economic injuries, or the pain and suffering, will be a multiple of the economic value of the claim.
The values placed upon the economic and the non-economic damages are established to bring the injured party to the same position as that immediately prior to the incident. The goal behind this concept is to make the injured party whole. These values focus on the injured party.
In addition to the above damages, the court can also award punitive damages. This damage type focuses solely on the party responsible for the incident and awarded as a punishment.
It is the combination of the economic, the non-economic and the punitive damages that determine the full value of the claim. An experienced personal injury lawyer will advise on the proper representation of these values to the insurance companies, to the opposing attorney and to the court.
During the time between the injury and securing the representation of a personal injury lawyer, there are certain matters of which the injured party need to be aware.
Under West Virginia law, anything that is said in person or over the internet can be used as evidence to weaken a claim and the position to collect.
If you have the unfortunate experience of an injury, please seek the representation of a personal injury lawyer with experience specific to your claim type as soon as possible.
In these cases, time is not on your side.