F.A.Q.'s
I was injured. Can I file a lawsuit against the party that caused my injury?
In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. You are entitled to compensation for your injuries if it is found that a defendant was negligent and that such negligence was a cause of your injury. Any personal injury case depends on liability, damages, and whether or not you can collect from the negligent party or parties. Even if you were partially at fault for your injuries, you may be entitled to recover a portion of your damages. Personal injury law attempts to cover all areas and types of injuries suffered by individuals. Some of the most common areas are automobile accidents, premises liability, medical malpractice, and product liability, among others. Whether or not you are entitled to compensation may depend on the type of accident that caused the injury. If you are been seriously injured or are unsure as to the outcome of your injury, contact JB Akers at Akers Law Offices, PLLC.
How do I decide if I need to hire an attorney?
An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, a personal injury attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met. You will most likely have to deal with a professional insurance adjuster from an insurance company. The sole job of the adjuster is to try to settle the claim for as little as possible. Without knowledge of the complex insurance laws and policy provisions, a person could easily give away valuable rights and lose reasonable compensation. Also of note is the fact that statistics show insurance companies pay more than twice the amount of compensation when an attorney is involved in your claim. If you have been seriously injured or are unsure as to the outcome of your injury, contact JB Akers at Akers Law Offices, PLLC.
How long do I have to hire an attorney in West Virginia?
The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In West Virginia , most actions for bodily injury or wrongful death must be brought within two years from the date when the cause of action accrues. In most cases the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. If you have been injured, contact JB Akers at Akers Law Offices, PLLC as soon as possible to get an honest assessment of your legal issue, and to be sure you don’t miss a crucial deadline.
What is uninsured and underinsured coverage?
Uninsured and underinsured coverage is coverage that you purchase under your own automobile policy. Uninsured coverage provides you protection if you are injured in an automobile accident and the other party, who is at fault, does not have automobile insurance. Underinsured coverage provides you protection if you are injured in an automobile accident and the other party, who is at fault, does not have enough insurance coverage to compensate you for all of your damages.
What are the damages for a wrongful death and who can recover these damages?
Damages in a wrongful death claim include the following: (1) Sorrow, mental anguish, and solace (which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent); (2) compensation for reasonably expected loss of income of the decedent and services, protection, care and assistance provided by the decedent; (3) expenses for the care, treatment and hospitalization of the decedent; and (4) reasonable funeral expenses. W. Va. Code § 55-7-6 .
The potential beneficiaries of the damages received in a wrongful death claim are the surviving spouse and children, including adopted and stepchildren, brothers, sisters, parents and any other persons who were financially dependent upon the decedent at the time of his/her death. W. Va. Code § 55-7-6 . Contact JB Akers at Akers Law Offices, PLLC as soon as possible to get an honest assessment of your legal issue.
What do I do if I am injured by a defective product?
A person who is injured by a defective product can recover compensation from the manufacturer or seller of the product under theories of strict liability, breach of warranty, and negligence. If you are injured by a product, be sure to keep the product, including any parts of the product that may have broken off. Do not attempt to repair the product. The Court can dismiss claims against a manufacturer or suppliers of products if the injured party is not able to produce the defective product for inspection.
The general test for establishing strict liability in tort is whether the product is defective in that it is not reasonably safe for its intended use. The standard of reasonable safeness is based upon what a reasonably prudent manufacture's standards should have been at the time the product was made. Once it is shown that the product was defective when it left the manufacturer and that the defect proximately caused the injury, recovery is warranted unless there was conduct by the consumer, which may bar recovery. Contact JB Akers at Akers Law Offices, PLLC as soon as possible to get an honest assessment of your legal issue.
What do I do if I am injured or otherwise harmed by a physician?
If you are injured by the negligence of a physician or hospital you may have a medical malpractice action against the responsible party. In West Virginia, in order to recover against a physician or hospital a patient must prove that the physician or hospital failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider acting in the same or similar circumstances and that such failure was a proximate cause of the injury or death. W. Va. Code § 55-7B-3 .
Contact JB Akers at Akers Law Offices, PLLC as soon as possible to get an honest assessment of your legal issue.
What should I do if I'm involved in an automobile collision?
If you are involved in an automobile collision, which was caused by the other party, make sure that the police are called to the scene of the collision. Protect your legal rights by never admitting to wrongdoing or apologizing for your actions. If you are able to do so, simply exchange drivers' licenses, registrations, and insurance information with the other driver(s). Ask the law enforcement officer on the scene if you can fill out a motor-vehicle accident report form. By having the facts of the accident on file, the law enforcement officer will document the drivers' version of events, as well as the law enforcement officer's conclusion. You should also immediately seek treatment, as some injuries sustained in automobile collisions are latent, meaning that they are not readily apparent. Contact your insurance carrier and put them on notice of the claim. Contact JB Akers at Akers Law Offices, PLLC to assist in filing a claim and obtaining a recovery on your behalf.