Morgantown, WV Personal Injury Lawyer

Have you been in an accident or injured in Morgantown, West Virginia, because of someone else’s negligence? You might be eligible for compensation. 

But dealing with legal procedures can be daunting, and that’s where a personal injury law firm comes in. A team of skilled and experienced attorneys will navigate the legal process for you, clarify your rights, and help you obtain the compensation you deserve. 

Let’s explore all the essential information you need to know, including the steps you need to take after an incident, the common types of personal injury cases, and how you can choose a local lawyer to support you in your case.

Steps to Take After a Personal Injury Incident

Dealing with the system and the bureaucracy of it all after experiencing a possibly traumatic experience can be overwhelming. But don’t worry, we’re here to help. 

Here are some steps you can take to protect your rights and increase your chances of getting fair compensation. 

First, don’t panic. Stay calm and seek medical attention. Even if you feel fine at first, some injuries like whiplash or traumatic brain injuries may not show symptoms until later. So, make sure to get checked out by a doctor. 

Next, gather as much evidence as possible. Take photos of the scene, any visible injuries on your body, and property damage. Get the contact information of witnesses and the other party involved. And if there’s a police report, ask for a copy. 

Remember to avoid admitting fault or apologizing for the incident. Even if you think you might be partially responsible, let the legal system determine fault. Everything you say can be used against you later on. So, be cautious.

Understanding Personal Injury Law

Personal injury law, or “tort law,” as it’s commonly known in legal circles, deals with injuries caused by the negligence or actions of others. In order to recover damages in such cases, the injured party must prove that the other party had a duty to act reasonably, breached that duty, and that such conduct caused the injuries. 

There are various types of personal injury cases, including car accidents, slip and fall incidents, medical malpractice, and wrongful death. Each case has its own unique set of laws and procedures. 

As for the time that you can bring your action, generally, the statute of limitations for personal injury cases is two years in the state. Essentially, any injured person has two years from the date of the incident to file a lawsuit. 

This is a crucial time as it can determine whether you can recover from the person who wronged you or not, and seeking advice from a lawyer as soon as possible is highly recommended to ensure that your rights are protected.

Common Types of Personal Injury Cases 

Morgantown, a bustling college town with a population of around 130,000, is home to West Virginia State University, Mountaineer Field, WVU Coliseum, and a range of exciting events and festivals.

And an unfortunate consequence of having such a rich and vibrant movement of people is the  variety of personal injury cases that can occur. This can involve:

Motor vehicle accidents

The latest data revealed that the overall motor vehicle death rate per 100,000 individuals across all states was 11.7. For the same year, West Virginia witnessed a higher rate of accident-related deaths at 14.9 per 100,000 individuals – significantly above the national average.

Morgantown has a busy downtown area and several major highways, which can be exposed to certain hazards. That’s why car, truck, motorcycle, and drunk driving accidents are a major concern. 

Drivers, passengers, and even innocent bystanders are at risk of the negligence or recklessness of another driver or individual. 

In fact, the state’s Department of Health & Human Resources revealed that more than 1,000 suffer life-changing injuries in crashes every day in West Virginia. 

Slip and fall

Slip and fall accidents are also common, especially in the winter months when there is ice and snow on the ground. 

According to research from the National Flooring Safety Institute, over 8 million people visit emergency rooms in hospitals due to falls, making it the primary cause of visits at 21.3%. 

Slips and falls make up over 1 million of these visits, accounting for 12% of reported incidents, with fractures as the most severe outcome.

Property owners are responsible for keeping their premises safe, ensuring their areas are properly maintained and clear of any messes. 

It’s also crucial to put up “wet floor” signs, particularly during bad weather. Whether it’s a residence or a public space, the safety of visitors should always be a top priority. If they fail to do so, they may be liable for any injuries that occur.

Medical malpractice

Medical malpractice is another type of personal injury case frequently occurring in Morgantown. 

We have several hospitals and medical facilities that cater to our residents, and if a healthcare provider fails to provide a reasonable standard of care, they may be held liable for any injuries. This can involve birth injuries, surgical errors, medication errors, and a delayed or missed diagnosis. 

A study from Johns Hopkins University showed that almost 10% of all deaths each year in the U.S. are due to a medical error. This puts it in the top three causes of fatalities in the country, together with cancer and respiratory diseases. 

With the help of a skilled lawyer, you can recover the value of your medical bills, lost wages, and general damages for the physical pain, suffering, or emotional distress that their carelessness has caused you or your loved ones. 

Wrongful death

Today, the average cost of funeral and burial services can go up to more than $10,000, so we understand how a sense of injustice can greatly aggravate the financial burdens that follow a loss.

And even in the most sorrowful of tragedies, our team of compassionate lawyers will be there to help and guide you in the event of a wrongful death.

Under state law, this happens when a “wrongful act, neglect, or default” leads to a person’s death, and had they lived, they would have had a right to sue for compensation.

This is where we can help you – eligible family members in Morgantown actually have the legal right to bring a wrongful death lawsuit against the responsible party. 

Although compensation cannot undo the loss, it can certainly give those who had been left behind some relief to ease their suffering. In fact, the turnaround of our recent cases includes:

• $1.8 million settlement for a family whose son died at summer camp
• $1.3 million settlement for the family of a man who died after a tractor-trailer hit him on his motorcycle
• Six-figure settlement for a family whose loved one died from a defective drug

Every case is unique and comes with its own set of challenges, and while we cannot promise a specific outcome, we have a team of excellent attorneys who can help you get the justice you deserve. 

How to Choose the Right Morgantown Personal Injury Lawyer

Choosing the right personal injury lawyer can make all the difference in your case. They will be your advocate throughout the entire process, providing guidance and support as you navigate the legal system. 

Here are some tips for finding the right one for you and your situation:

• Look for someone who specializes in personal injury law.
• Read reviews, and ask for referrals from friends or family.
• Schedule a consultation and ask questions about their experience and approach.
• Consider their communication skills and how comfortable you feel working with them.

The Legal Battle: What to Expect in a Personal Injury Lawsuit

And if, after choosing your advocate, you decide to file a lawsuit, it’s important to understand what to expect. The legal process can be lengthy and complex, but a competent attorney can guide you through each step.

Your counsel would conduct thorough investigations into the incident that has harmed you or your loved one, determining what occurred and who should be held accountable. 

Next comes the evaluation of your injuries or property damage. This is done to determine the appropriate amount of compensation for your current and future financial needs.

Your lawyers would then formulate a legal strategy tailored to your unique circumstances and interests, communicating clearly and efficiently the things that need to be accomplished and what other measures can be done for your case. 

At Desai Law, we do all of these for our clients and more. We will keep you updated throughout the process and are always available to answer your questions and address your concerns. 

We will fearlessly negotiate with defense lawyers and insurance companies to achieve a fair settlement for you and your needs, and if litigation is necessary, we are prepared to represent you in West Virginia courtrooms.

We fight for the underdogs 

A personal injury can disrupt your life in unimaginable ways and can propel you toward a fearful and uncertain path. That’s why, at Desai Law, we are dedicated to fighting for the underdogs. 

We understand that accidents can have devastating consequences and believe justice is more than just a paycheck. 

We are not afraid to take on big insurance companies or powerful corporations, as we tirelessly work to ensure that our clients receive what they deserve so they can move forward with their lives. 

And while our team works to secure compensation on your behalf, you can focus your time and energy on regaining your health and rebuilding your life.

So, if you or a loved one suffered personal injuries in any type of accident or incident that may have been caused by someone else’s wrongful decisions or actions, contact us today on our secure online form or call (304) 974-1974 for a free consultation to learn about your rights and remedies.