Car and truck crashes, motorcycle wrecks, and other personal injury accidents can have a devastating effect on both your physical and financial well-being. One minute you're just going about your business. In the next, you may find yourself grappling with severe injuries, significant property damage, unplanned absence from work, and mounting medical debt and household expenses.
Though West Virginians injured in accidents caused by someone else's negligence may be entitled to compensation, many are often hesitant to take legal action. Victims may be worried that they'll gain a reputation for being “sue-happy.” And, like most people who've been in an accident, they just want to move on and have their lives go back to normal. Sound familiar?
Unfortunately, if you were hurt in an accident, forgoing litigation can cause the event to continue to have a negative impact on your life. Hiring a skilled injury lawyer to protect your rights, fight for fair compensation, and hold the at-fault party accountable not only allows you to close this traumatic chapter of your life, but can also ensure you have the resources and support you need to move forward.
Cases We Handle
At the Nestor Law Office, we've helped countless West Virginia injury victims obtain the compensation they need and deserve after a negligence-related accident. Our firm accepts a wide range of personal injury case types, including those involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Dog bites and animal attacks
- Gas and oilfield explosions
- Coal mining accidents
- Slips and falls (and other cases where injuries occurred on someone else's property)
When personal injury accidents result in death, we also handle wrongful death claims for the victim's surviving family members.
Additionally, regardless of what type of personal injury accident you've experienced, the at-fault party's insurer is unlikely to compensate you fairly without a lawyer's urging. We serve as your advocate throughout the insurance claims or litigation process. If the insurance company's handling of your case is particularly egregious, we can represent you in an insurance bad faith lawsuit.
Common Causes of West Virginia Personal Injury Accidents
Though negligence is the underlying cause of most personal injury accidents, this negligence can present itself in a number of different ways. Common causes of these accidents include:
- Distracted driving
- Drunk driving
- Drugged driving
- Drowsy driving
- Speeding
- Reckless driving
- Insufficient training or supervision of commercial drivers
- Improperly loaded or unsecured commercial cargo
- Lack of appropriate vehicle or property maintenance
- Unleashed or untrained animals
- Nonexistent or insufficient safety practices
- Negligent security
Potential Damages Available in West Virginia Personal Injury Cases
In West Virginia, personal injury victims can seek compensation for two main types of damages: economic damages and non-economic damages. Here are the differences between these damages, as well as what each category may include:
- Economic damages. These damages compensate victims for financial losses, such as reasonable accident-related medical expenses, property damage repair or replacement costs, wages lost due to injury-related work absences, and loss of earning potential if the injuries prevent you from working or force you into a lower-paying position.
- Non-economic damages. While economic damages compensate victims for quantifiable financial losses, non-economic damages are paid to victims in an attempt to make up for intangible losses with no direct monetary value, such as pain and suffering, mental and emotional anguish, reduced quality of life, and more.
In some cases, victims may be awarded a special type of damages known as punitive damages. Rather than compensating victims for a quantifiable or subjective loss, punitive damages are a punishment imposed on the at-fault party for particularly poor conduct. These damages are intended to deter others from engaging in the same type of conduct that harmed you—and, if awarded, allows your litigation to have the positive impact of protecting others.
Considering Seeking Compensation for Injuries and Other Losses? Here's What You Should Know
The personal injury insurance claims and litigation process is both complicated and rife with potential pitfalls for victims. If you're thinking of pursuing compensation for injuries and losses caused by another person or company's negligence, keep these important points in mind:
- The time to file a personal injury lawsuit is limited. Statute of limitation laws provide a definitive filing deadline. West Virginia injury victims have just two years from the date of the accident to file their personal injury lawsuit.
- The insurance company is not on your side. These for-profit businesses often look for ways to reduce their financial obligation to you, including using the information you provide against you. Accident lawyers can advise you on how to handle communication with an adjuster.
- An attorney can assist you each and every step of the way. Your attorney can conduct a thorough investigation into the accident, find evidence to determine liability, gather medical records and bills, ensure your injuries are well documented, and work with your doctors to delay payment until your case is resolved. They can also build a strong case for damages, negotiate an out-of-court settlement, or take your case to trial if it’s in your best interest. After a personal injury accident, recovering fair compensation can be difficult. A skillful attorney can help you maximize the value of your claim.
Our Contingency Fee Agreements Make Legal Representation Affordable for Everyone
Not being able to afford an attorney shouldn't prevent you from obtaining the high-quality legal representation that's essential to the outcome of your case. That's why our injury lawyers work on a contingency fee basis. Instead of charging you for legal services upfront, our firm receives a percentage of your settlement or financial award. If we can't resolve your case in your favor, you pay no legal fees.
Request a Free Initial Consultation
Our firm is dedicated to making the insurance claims and litigation process as simple as possible for personal injury victims. We're here for you every step of the way—from gathering evidence to handling communications with the insurance company to working with your medical providers to delay payment until your case is resolved. You can count on us.
Want to learn more about how the Nestor Law Firm can help you—and your case? Contact our Elkins, West Virginia office today to schedule an appointment for a free initial consultation.