Bluefield Personal Injury Attorneys

What Does Comparative Negligence Mean?

West Virginia is one of a handful of states that uses comparative negligence rules when assigning liability and rewarding damages in a personal injury claim. After an accident, liability will be divided among the involved parties based on how much each party contributed to the accident and resulting injuries. For example, if you were hit by a truck driver who fell asleep at the wheel, then they could be 100% liable for your accident, which would permit you to seek 100% of your experienced damages.

Comparative negligence law can work against plaintiffs, though. If you are found to be 51% liable for your own accident or any percentage greater, then the court could dismiss or reject your personal injury claim. As your Bluefield personal injury attorneys, we will work to prove that your liability should be as low as possible. Different types of evidence can help prove this point, such as eyewitness testimonies, medical records, and more.

What Damages Can You Collect in Your Claim?

Our attorneys can fight for the following damages and more:

• Medical treatment costs, such as emergency care, surgery, hospitalization, etc.
• Rehabilitative care costs, such as years of physical therapy and other medical care your will require in the future.
• Lost wages you were unable to earn due to being bedridden or the inability to perform the physical or mental demands of your job due to your injuries.
• Loss of earning capacity due to your injuries reducing your ability to earn the income you did prior to your injuries.
• Property repair costs, such as fixing your damaged vehicle.

There are also less tangible damages that could be associated with your personal injury claim. Noneconomic damages can be paid to a claimant who has endured emotional trauma, pain, and suffering due to the negligence and wrongful conduct of the defendant. Usually, noneconomic damages will be assigned if the experienced pain is so extensive or persistent that it detracted from the claimant’s overall enjoyment of life.

Punitive damages can also be assigned in rare scenarios when the defendant commits a criminal or egregiously negligent act that hurts the claimant. As an example, drunk driving accident claims or distracted driving claims may include punitive damages.

Step-by-Step Case Progression

You will probably want to know how your case will develop because it is reassuring to know what to expect. Every single case is unique, so knowing what will happen next can be difficult to predict. Although, there are some steps that most cases include, typically in the same order.

1. Start a personal injury claim by calling an attorney.
2. Investigate available evidence and look for more sources of evidence if needed.
3. Obtain the appropriate and necessary medical treatment.
4. Determine liability, assess damages, and calculate a fair compensation amount.
5. File the claim with the correct insurance companies or file a lawsuit in the proper court.
6. Undertake discovery such as depositions, interrogatories and request for production of documents.
7. Hire the appropriate experts
8. Attempt to mediate a fair settlement amount to avoid protracted litigation or a jury trial.
9. Prepare the case for litigation and a jury trial if settlement discussions or mediation proves unsuccessful.
10. Take the case to court for a judge’s or jury’s final ruling.

Any of these steps can seem intimidating if you are not familiar with legal processes or insurance company tactics. Leave your case up to our Bluefield personal injury attorneys instead of trying to navigate the road ahead on your own. We will handle your case as if we were representing ourselves.