Can I File a Personal Injury Claim?
If you were hurt in an accident in West Virginia, you may be able to file a personal injury claim to seek compensation for your injuries and losses. Personal injury law provides victims of negligent accidents with a way to pursue damages and hold the responsible parties liable for their harmful actions.
Under personal injury law, there are three main grounds upon which an accident victim can file a claim or lawsuit. You may be able to take legal action and pursue compensation if your case can be filed on one of the following grounds:
Personal injury claims are most frequently filed on the grounds of negligence. An individual or party is negligent when they fail to act with the amount of reasonable care that a reasonable person would use in a similar situation.
- Intentional Tort
In order to file a personal injury claim on the grounds of intentional tort, the victim must be able to prove that the responsible party took specific actions fully intending to cause harm, such as physically assaulting the victim.
- Strict Liability
On the grounds of strict liability, a party can be held legally responsible for the victim’s injury regardless of their specific actions or intentions. A defective product claim is one example of strict liability, because a consumer can sue the manufacturer if a defective product caused them to be injured.
Additional Requirements for Filing a Claim
Even if you have legal grounds to file a personal injury claim or lawsuit, there are other requirements that must be met before you can move forward with your case. These requirements include:
- Are you able to identify and locate the third party that caused your injuries? In order to file a personal injury claim you must be able to identify the individual or party responsible for your injuries, and then you must be able to find that party.
- Can the third party’s liability be proven? Your attorney must assess whether personal injury legislation and case law will enable you to seek compensation based upon your specific case.
- Are you within West Virginia’s statute of limitations? Under West Virginia law, victims must typically file a personal injury claim within two years of the date of the accident.
- Are your injuries and losses quantifiable? Your attorney must be able to prove that you sustained compensable injuries and losses due to the negligent actions of the third party. Examples of quantifiable losses can include expenses for medical care, property damage, lost wages, and emotional trauma.
Do you have questions about your accident case and your ability to pursue compensation? Schedule a free initial consultation with our experienced team at Jividen Law Offices, PLLC to learn about your legal options.
Our dedicated West Virginia personal injury lawyers have served the Tri-State area for more than 35 years, and we can help you and your family seek the compensation that you deserve. Contact us at your earliest convenience to find out if you have grounds to file a personal injury claim.