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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Establishing a West Virginia Personal Injury Claim

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If you want to seek damages for injuries caused by another in the state of West Virginia, you will need to file a West Virginia personal injury claim. This is most often done with the person or company's insurance company. To file a successful injury claim, you'll need to establish that the negligence of the other party directly caused your injuries.  

When you file a West Virginia personal injury claim you need to establish the following:

  • the defendant owed you a duty of care;
  • the defendant breached that duty;
  • the breach of duty resulted in your injuries; and
  • you suffered damages due to the defendant's negligence.

The evidence from your accident will be presented to prove these facts to the insurance company and/or court when negotiating a settlement for your West Virginia personal injury claim. If you cannot establish a connection between yourself and the defendant that shows they owed you a duty of care to keep you from harm at the time of the accident, you cannot file a claim against them.

Once you have established a valid West Virginia personal injury claim, your evidence will be used to determine each party's degree of fault.
As long as you are found to be 49% less at fault for your accident, you will be awarded a settlement. Keep in mind that your settlement amount is reduced in proportion to your degree of fault.

There is much more to understand when it comes to the basics of a West Virginia personal injury claim, such as West Virginia's laws for non-economic damage caps and the statute of limitations. A Clarksburg personal injury lawyer can help you understand in the specifics of your West Virginia personal injury claim and give you advice and guidance throughout the claims process. 

Hiring a Clarksburg Personal Injury Lawyer

You don't need to act alone when you are looking to file a West Virginia personal injury claim. If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a no-cost consultation - 304-326-1800.

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