You must first prove that the person who caused your injury owed you a duty to show ordinary care. You will also be required to prove that the individual was negligent in this duty and that his or her negligence is the cause of your injury. You must show that you sustained damages.
If you were also responsible for your injury, your rate of compensation depends on the amount of the fault you bear. You may not be compensated if you were 50 per cent responsible or more. However, if you were under 50 per cent at fault, you can still be compensated at a rate that will correlate to the level of blame you bear.
A group of people may be held liable if they were careless in such a way that you were injured. Each person must pay an amount that will be determined according to the amount of fault he or she bears.
| West Virginia Personal Injury Laws | |
|
Statute of Limitations |
2 Years |
| Damages Recoverable | Future earning ability, lost wages, medical expenses, property damage, cost of household help, pain and suffering |
| Strict Liability | Product manufacturer may be liable for injuries caused by a consumer product |
| Joint Liability | Defendants are proportionately liable for damages |
| Contributory Negligence | Modified contributed negligence: you may not recover damages if you are found to be 50% or more at fault, if you are found to be 49% or less at fault you may recover damages based on proportion of fault. |
If you are injured when using a consumer product, you can still collect compensation in certain cases. You must prove that the item was being utilized in accordance with its normal use, that it was defective, that the defect itself was the source of your injury, and that damages were sustained.
You may be compensated for medical expenses, no matter when they occur; you can collect on them whether they are incurred in the past, the present, or will reasonably occur in the future. Disability or disfigurement that is permanent is covered. If your family relationships suffered, or if you had mental or emotional health problems due to the injury, you may be compensated. If you are no longer able to earn a living as you did in the past, or if you have had to hire household help to manage chores, you are entitled to compensation. West Virginia state law also covers any other expenses connected with the injury.
Seek counsel from a West Virginia personal injury lawyer prior to consulting with your insurance adjuster. You can only file a personal injury claim during the two-year statute of limitations.
You will need to tell the responsible party or parties that you are filing against them with intent to receive compensation.
A lawyer can help you find expert witnesses to help confirm your damages; ultimately, this will help you win the case.