Every day, across the Mountain State, people suffer unexpected, unintended injuries in accidents and incidents caused by someone else’s careless or reckless actions. The harm they suffer inflicts severe physical, emotional, and financial pain, for which they deserve fair compensation.
At Wagoner Desai, we represent West Virginia personal injury victims in legal actions seeking that compensation. Contact us today for a free consultation about your legal options after a personal injury turns your or a loved one’s life upside down.
About Our West Virginia Personal Injury Attorneys
Edmund Wagoner and Chirag Desai form the team of personal injury lawyers that is Wagoner Desai, PLLC. Based in Morgantown and serving clients throughout West Virginia, our law practice focuses on securing compensation for West Virginians who have suffered injuries because of someone else’s bad decisions or dangerous actions.
We pride ourselves on being a people-first law firm. Our clients receive personalized attention from a team committed to fighting for their unique needs and interests, and we have a track record of success to show for it. Of course, we can never guarantee our clients a particular outcome in their cases, but we do promise to devote the full measure of our firm’s skills and resources to getting them the justice and compensation they deserve.
Personal Injury Cases We Handle in West Virginia
West Virginians suffer unexpected injuries in a wide variety of accidents and incidents. Among the most common are:
West Virginia Motor Vehicle Accidents
Car, truck, bus, motorcycle, drunk driving, and ATV accidents represent a leading cause of personal injuries in West Virginia every year. Our team represents drivers, passengers, and others who suffer life-altering harm when vehicles collide because of another driver’s, or someone else’s, careless or reckless conduct.
West Virginia Pedestrian Accidents
West Virginians who suffer injuries as pedestrians, usually in accidents in which a car or truck hits them, often suffer extreme injuries. Wagoner Desai fights drivers of vehicles that strike pedestrians, and government agencies that design or fail to correct dangerous road conditions, accountable for putting pedestrians in harm’s way.
Slipping and Falling on Private or Public Property in West Virginia
When West Virginians leave their homes to head to work, school, or just to run a few errands, they never expect to have their day end in a harmful accident. Unfortunately, some will fall and get hurt because of a dangerous condition on a property they visit, whether it’s someone else’s house, a store, a restaurant, or a public park. We help people secure money to pay for injuries they suffer because a property owner failed to fix or warn them about those dangerous property conditions.
West Virginia Oil and Gas Accidents
West Virginia is blessed with bountiful natural resources, particularly natural gas deposits that fracking technology has unlocked. The benefits of those resources, however, come with a downside for workers who suffer injuries in oil and gas rig accidents. We fight for those injured workers and their families to make sure they receive the compensation they need to regain their health and rebuild their lives.
Accidents Resulting in Brain Injuries
Across a spectrum of incidents and accidents, some of the most severe injuries West Virginians can suffer feature brain trauma that severely impacts their lives. We have significant experience representing brain injury victims in seeking the money they need to support them in confronting and adapting to the life challenges they suddenly face.
West Virginia Wrongful Death Cases
Some accidents and incidents tragically take the lives of innocent West Virginians. Families of those victims may have the right to seek compensation for their loss through a wrongful death lawsuit. Wagoner Desai represents grieving families in legal actions seeking the financial support they need after losing a loved one.
How We Help West Virginia Personal injury Victims
Suffering a personal injury throws West Virginians’ lives into chaos. Victims and their families need steady, kind, patient guidance from experienced legal professionals to make sure they get the money they need and deserve from the parties whose actions did them harm.
Every case we handle at Wagoner Desai has unique aspects. We tailor our representations to every client’s personal needs and goals.
However, our work for West Virginia personal injury victims often includes:
- Investigation of accidents and incidents that harmed our clients, to figure out what happened and who should face accountability;
- Evaluation of our clients’ injuries to determine the appropriate amount of money they deserve to meet their current and future financial needs caused by their injuries;
- Planning a legal strategy designed to serve each clients’ unique needs and interests;
- Communicating that strategy and our legal recommendations to our clients in language they understand, and following up with them to make sure they stay up-to-date about their cases;
- Preparing and filing lawsuits in West Virginia courts seeking compensation for our clients;
- Negotiating with defense lawyers and insurance companies in hopes of achieving a fair and reasonable settlement of our clients’ claims, if possible;
- Litigating our clients’ cases in West Virginia courtrooms, if that’s what it takes to get them the money they need and deserve for their injuries and losses.
In every matter we handle, our clients can rest assured that Wagoner Desai will put their interests first, and that they will receive personalized attention that focuses on their needs.
West Virginia Personal Injury FAQs
Suffering a serious injury can have far-reaching consequences well beyond physical afflictions. Victims may also suffer medical debt, job loss, and mental trauma.
Considering the circumstances, getting back to normal is easier said than done; diligence and perseverance are necessary.
However, knowing some basic information about personal injuries can help you avoid them and, in the event they happen, help you respond appropriately.
Here are some frequently asked questions related to personal injuries and personal injury lawsuits:
How do personal injuries happen in West Virginia?
People suffer serious personal injuries in a wide variety of circumstances, some of the most common of which are falls, car accidents, and poisoning, according to Johns Hopkins University Medical Center.
Unfortunately, accidental injuries are abundantly common in the United States. In one recent year, more than 37 million people visited the emergency room for an accidental injury.
Should I see a doctor after a West Virginia personal injury?
Yes. Always. Even if you think it isn’t serious, a doctor’s exam can help your legal case tremendously.
Many serious injuries may not show severe symptoms for days, or even weeks. An undetected injury can worsen, resulting in potentially life-threatening health complications.
A trained doctor can identify any injuries and begin providing treatment right away, sparing the patient much undue suffering.
Additionally, a doctor’s evaluation helps from a legal perspective, because medical records serve as strong evidence of the nature and extent of a person’s injuries, and of their connection to an accident or incident for which someone else may bear legal liability.
Should I speak with your West Virginia lawyers about my personal injury?
Yes. Even if the chances of filing a lawsuit are slim, meeting with an experienced personal injury attorney is the best way to get a sense of your options.
Personal injury lawsuits often require an extensive investigation that could take weeks or even months. Also, West Virginia imposes a two-year statute of limitations on personal injury lawsuits. Waiting to take legal action could delay access to the relief your family needs or result in the permanent forfeiture of your right to legal recourse.
Finally, a lawyer is more than just a professional service provider. Lawyers also provide important practical advice about how best to navigate life after suffering a personal injury.
Who might owe me damages for a personal injury in West Virginia?
Almost anyone, to put it simply.
People often assume that they’re stuck suing the person they perceive as directly responsible for causing an accident in which they suffered an injury, such as the driver of a car that collided with theirs, or the owner of the restaurant that served them contaminated food.
However, multiple parties may bear legal and financial responsibility for injuries and losses you have suffered, even, even parties who were not directly involved in the specific accident or incident that injured you. For example, if a drunk truck driver ran a stop sign and hit you, the trucking company could also have legal liability for your injuries and losses, if they were aware that the truck driver had a drinking problem.
Speaking with an experienced personal injury lawyer about the accident that injured you is the most reliable way to discover who may owe you damages for the harm you have suffered.
How does West Virginia define negligence?
Many West Virginia personal injury lawsuits involve negligence claims.
Negligence is a legal concept that stands for the idea that people owe each other a duty of care not to act in ways that could cause harm to others. When someone breaches that duty by doing something dangerous that results in injury, we say that person was negligent. Proving negligence in a lawsuit generally entitles the person who suffered injuries to damages.
For example, if a car runs a red light and hits you, then the driver of that car was likely negligent. The driver owed you a duty of care (paying attention while driving and obeying traffic laws), breached that duty (ran the red light), and the breach caused an injury to you that entitles you to recover damages.
What is my West Virginia personal injury case worth?
It’s difficult, bordering on impossible, to predict the exact value of a personal injury case in advance, even for an experienced personal injury attorney. Every personal injury claim has unique facts and circumstances that determine its precise value.
However, skilled personal injury lawyers can look at a few different factors to get an idea of what a case might be worth.
The person injured has a right to receive compensation for the injuries and hardship suffered because of the other party’s wrongdoing. This compensation, known as “damages”, aims to place a dollar value on the wide variety of physical, emotional, and financial harm done to the injured person.
So, a skilled personal injury lawyer will evaluate the economic consequences of an injury, such as medical bills, loss of income, the cost of a live-in caregiver, and other expenses, to determine one aspect of the damages that contribute to the value of a personal injury case.
A personal injury lawyer may also assess the harms a person has suffered that are not necessarily linked to a specific monetary cost, such as the injured person’s pain, suffering, and diminished quality of life. These harms deserve compensation to the same degree as the injured person’s monetary losses.
Finally, in cases of extreme wrongdoing by the party at fault, a personal injury lawyer may explore whether the case calls for a claim of punitive damages, which seek to punish the party at fault for having engaged in extreme or outrageous conduct that resulted in an injury.
What should I do next?
After taking care of your medical needs, contact a skilled personal injury attorney for a free consultation to learn about your legal rights and options.
Knowing that your injuries were caused by negligence or wrongdoing can be a difficult pill to swallow. If only the responsible party had acted responsibly perhaps you wouldn’t be in this situation.
Fortunately, the wrongfully injured have rights under the law. Victims can take perpetrators to court and recover damages for the hardship they’ve suffered.
Legal procedures are byzantine and personal injury law notoriously slippery. You need a skilled personal injury lawyer by your side to ensure you recover the compensation you deserve.
Personal Injury Lawyers for West Virginians
A personal injury can disrupt your life in ways that feel overwhelming and immensely stressful. The help of a skilled West Virginia personal injury lawyer from Wagoner Desai can help ease that stress. While a lawyer works to secure compensation on your behalf, you can focus your time and energy on regaining your health and rebuilding your life.
An initial consultation with the experienced personal injury lawyers at Wagoner Desai is always free-of-charge. We also represent West Virginia personal injury clients on contingency, meaning our clients pay us no money up-front, and we only get paid if our clients get paid.
If you or a loved one suffered personal injuries in any type of accident or incident in West Virginia that may have been caused by someone else’s wrongful decisions or actions, contact Wagoner Desai today online or (304) 470-2056 for a free consultation to learn about your legal rights.
Wagoner Desai, PLLC
265 High Street 3rd Floor, Citizens Bank Building
Morgantown, WV 26505
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