Do you have a potential personal injury lawsuit?
You’ve seen the ads and the tv commercials. You think you may have a personal injury lawsuit. Do you need a West Virginia Personal Injury Attorney? How do you know?
1) Did you suffer a personal injury?
To bring a personal injury lawsuit or claim, you must have suffered a personal injury. A personal injury is an injury to your body, mind, or emotions. In other words, a personal injury can be either physical or psychological. If you broke your leg or sustained a concussion after slipping and falling in a grocery store, you have suffered a personal injury. If you experience physical injury, severe anxiety, insomnia, or depression after a traumatic car accident, you have suffered a personal injury.
2) Were your injuries caused by the negligence of another person or entity?
Generally speaking, when a person or entity acts in a careless manner and causes injury to someone else, the careless person or entity will usually be legally responsible, or liable, for their injury or injuries and any other resulting harms under the legal principle of “negligence.” The law defines negligence as the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
3) Do you have recoverable damages?
You must have suffered personal or financial harms that can be remedied by money damages. Damages is the legal term for a sum of money awarded to an injured person to compensate for his or her injuries and other losses. If you and your West Virginia personal injury lawyer can establish that another person or entity acted negligently the court may award you or an insurance company may agree to voluntarily pay you a sum of money that takes into account:
- Medical bills you incurred in treating your injuries;
- Physical pain, emotional suffering, and mental anguish caused by your injuries;
- Wages you lost because you could not work while you recovered from your injuries;
- Reduction in your overall earning capacity as a result of your injuries;
- Disability accommodations for your vehicle and home;
- Diminished quality of life; and
- Loss of companionship and support.
Some of these damages are economic such as medical bills and lost wages. Others are noneconomic such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate and you may need to consult with an experienced personal injury lawyer to make reasonable estimates.
One thing you should keep in mind when considering a personal injury lawsuit is whether you will actually be able to recover the damages awarded to you by a court. If you file a personal injury lawsuit after a dog attack against a dog owner who has no job or other assets (such as a home or car), you may not ultimately recover any money from the dog owner.
If you answered “yes” to each of the questions discussed above, you may have a valid personal injury lawsuit or claim. Because filing a personal injury lawsuit can have serious legal and financial consequences and requires a thorough knowledge of the laws and legal system, it is best to consult with an experienced personal injury lawyer before considering doing so. Call Lacy Law Offices to talk about your options.
Our experienced Charleston WV Personal Injury lawyers will make sure you understand all of your rights in your potential personal injury lawsuit, get started today with a free consultation.