Personal Injury Attorneys serving Morgantown, WV.
Were you injured because of someone’s careless, reckless, or intentional act in Morgantown? Did they drive while drunk or texting, and crash into you? Did they fail to repair a parking lot or clean up spilled liquid, and cause you to fall? Did a loved one die in an accident? Maybe you found yourself badly injured while working on an oil rig or fracking well because of a mistake someone made at the job site.
If these or other acts resulted in an injury, call the Morgantown personal injury lawyers at Wagoner Desai. Our young and energetic but experienced law firm wants to help you. We’re ready to hear from you 24 hours a day, seven days a week, because we know that accidents can take place at any time, and we’re passionate about helping those who have suffered injuries at the hands of other people or corporations recover the compensation they need to pay their bills and move on with their lives.
Read on for more information about our personal injury lawyers. Call (304) 470-2056 to talk to a personal injury lawyer.Personal injury law is an area of the law that deals with recovering damages after a person has been injured as a result of careless or reckless behavior. A Morgantown personal injury lawsuit is a legal action filed in civil court.
The two things that this type of lawsuit hinges on include:
Liability
Legal responsibility for the injuries caused by one’s actions is known as liability. To prove that someone else was responsible for the injuries you sustained as a result of their actions involves establishing the following elements: 1) The at-fault party owed you a duty of care. This duty depends on the type of accident you were involved in. For example, the wrong-way driver in the car accident mentioned above owed a duty of care to other drivers to drive her vehicle safely and legally. 2) There was a breach in the duty of care. The breach refers to the actions that the at-fault party took that were contrary to his or her duty of care. In the accident above, the breach would be wrong-way driving. 3) This breach resulted in the accident, which caused your injury and subsequent expenses and impacts on your life.
Expenses
To be compensated for your damages, you must be able to prove what they are. There are two main types of damages suffered in accidents—economic damages, and non-economic. Economic damages refer to out-of-pocket expenses experienced as a result of the accident and resultant injury, such as medical expenses, lost wages, loss of future earning capacity, and property damage. Non-economic damages refer to the impact that the injury has on the claimant’s life, such as physical pain and suffering, emotional distress, permanent disability, and the loss of the enjoyment of life.
- Guidance and his or her legal options based on the facts of the case.
- A valuation of the case that is determined by looking at all of the expenses and impacts that the injured person encountered as a result of the accident.
- Determination of all sources of liability and all insurance resources that can be used for compensation.
- Timely filing of all court-required paperwork in the proper jurisdiction.
- Collection of evidence and witness testimony to help prove the case.
- Skilled negotiation with the at-fault party’s insurance company in an attempt to obtain a fair settlement offer.
- In lieu of a settlement, litigation.
- Assistance collecting the settlement or award.
- Further representation if the defendant in the case files an appeal.
Sexual Harrasment
Motorcycle Accident
Motorcycle accident
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Satisfied with the outcome
Car Accidents
Car accidents are a leading cause of death and injury in the U.S., and are one of the many reasons a person would need to speak with a Morgantown personal injury lawyer. About 90 people die each day in car accidents in the U.S., higher than the fatal accident rates of other high-income nations. Many more survive the accident but are left with injuries such as traumatic brain injuries, spinal cord injuries, broken bones, amputations, burns, and many other types of injuries.
Some of the causes of those accidents that can result in a personal injury lawsuit include:
- Driving while impaired by alcohol or other substances
- Driving while distracted. Common driver distractions include texting and other cell phone use, eating or drinking, visiting with other passengers, adjusting stereo or vehicle controls, and external distractions such as previous accidents, billboards, and other cars.
- Accidents involving speeding or street racing.
- Accidents where there are multiple vehicles involved and sorting out liability often becomes complex.
- Accidents involving commercial vehicles, company vehicles, or rideshares.
- Accidents involving rollovers or ejections.
Truck Accidents
More than 4,500 commercial trucks are involved in fatal accidents in the U.S. each year, and commercial trucks are a common sight in and around Morgantown. Due to a significant discrepancy in the size and weight of these massive vehicles when compared to other vehicles on the road, those injured and killed in truck accidents are generally the occupants of other vehicles.
If you were injured in an accident involving any of the following vehicles, a Morgantown personal injury lawyer can explain to you the process of pursuing compensation for your injuries:
- Company trucks
- Semi-trucks
- Tractor-trailers
- Mack trucks
- Water trucks
- Frac trucks
Motorcycle Accidents
Including injuries involving accidents with other motor vehicles, as well as street racing accidents.
Oil and Gas Industry Injuries
Including injuries in accidents involving:
- Drilling rigs
- Fracking
- Derrick Rigs
- Falls
- Burns and explosions
- Equipment failure
- Struck by/ caught in/ caught between objects or equipment
Wrongful Death
If you lost a loved one due to an accident that was caused by someone else’s negligence, there is another process in West Virginia for recovering damages. As with other types of personal injury lawsuits, a wrongful death claim is a legal lawsuit filed in civil court on behalf of family members, including the deceased’s spouse; children, step-children, or adopted children; parents and siblings; and any other family member who was wholly dependent financially on the deceased.
Some of the accidents that can result in a wrongful death claim include:
- Workplace fatalities
- Motor vehicle accident
- Defective product claims
- Drowning accidents
- Explosions or fires
Other Accidents
Many other types of accidents fall under the personal injury umbrella, such as:
- Pedestrian accidents
- Bicycle accidents
- ATV, four-wheeler, and dirt bike accidents
- Dog bite injuries
- Boating Accidents
