How do I know if I have a personal injury case in West Virginia?

There are certain elements that go into determining whether an individual has a personal injury case. An attorney can best help you identify them, but if you are trying to make that determination on your own, here are a few tips.  

Personal injury cases can stem from any number of incidents. Car accidents, falls, failure of defective products, and even dog bites can be the cause of a personal injury case.  Generally, if you were injured as a result of anothers actions, negligent or otherwise, you could have a personal injury claim.   

There are a few questions you need to ask if you think you might have a personal injury claim

  • Was I injured?
  • Should the other party have a responsibility not to injure me?
  • Was that party negligence what lead to my injury?
  • Did another party’s lack of responsibility lead to my injury? 

 

If you can answer yes to those questions, then you may have a reasonable personal injury claim.  There are another number of factors that can affect your claim and the end results.  You will need to consider the extent of the injury and how has it prevented you from living a normal life either long term or temporary.  Did the injury result in necessary medical treatment, scaring or other permanent damage?  Did you have any responsibility in your actions? 

An attorney can assess the viability of your claim, including whether or not it is economically feasible to pursue compensation. Sometimes the plaintiff’s injuries aren’t severe enough to warrant the cost associated with persuing the case. An experienced attorney who is familiar with personal injury cases and a physician who understands your injuries will be equipped to make that determination. 

Some plaintiffs will try to work on their cases without the benefit of an attorney, but working without one can hamper the plaintiff’s ability to get the most satisfactory resolution of their claim. A study by the Insurance Research Council showed that settlements were 3.5 times higher for people who consulted a personal injury lawyer than those who chose to handle their claim alone.   Click here for more information on out of court settlements.  

Contact a West Virginia Personal Injury Lawyer for Answers 

The Miley Legal Group in Clarksville, West Virginia, can help you determine if you have a personal injury claim, particularly as a result of a car accident. The 7 Biggest Mistakes That Can Wreck Your Car Accident Claim can be avoided by calling today at 304-326-1800 or 888-436-0859.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group