To file a personal injury lawsuit against a person or business, the victim must have been injured. Being upset, scared, or angry by another’s actions is not enough to form the basis of a personal injury lawsuit. Either you, your family member, or your property must have been injured in some way. Many attorneys will not take a case unless there is significant injury.

To sue a person or business for damages, the defendant must be at least partly at fault for your injuries. If something they did or didn’t do was the direct cause of your injuries, you are able to sue for compensation.

In most personal injury cases, it means the other side should have been more careful to avoid causing harm like this. The legal term for this is “negligence.” Some common examples:

The other driver was going too fast and lost control of his car;

A store left a puddle of water on the floor when it should have been cleaned up;

In rare cases, “At Fault” might mean that the other person was purposely trying to hurt you or your property. But most of the time, “At Fault” means the other side should have been more careful.

• The grocery store had the duty to provide a safe environment for its customers, and violated that duty by failing to clean up hazardous spills on the floor. The grocery store was negligent.

In West Virginia a victim can recover damages as long as they were less than 50% responsible for their injuries. If the injured person’s fault was more than 50% of the cause of the injury, then the injured person cannot get damages in West Virginia

“Damages” refers to all the ways the injury you suffered has caused harm to you. Assuming the other side was “negligent,” you can get monetary compensation for all “damages” the injury caused. “Damages,” the money awarded to you, can cover a wide range of expenses and losses, including:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Loss of consortium
• Property damage
• Other damages

West Virginia law allows for victims of injuries also to recover for intangible damages. The most common type is the broad term “pain and suffering.” This can include:

• Pain
• Suffering
• Mental anguish
• Grief

You have a right to sue insurance companies that deny claims without a good basis. The law calls this a “bad faith” claim.

West Virginia law gives you two years from the date of your accident to file a lawsuit against the responsible party.

The cost of a lawsuit varies from one lawyer to the next.

Personal injury lawyers often take on cases on what’s called a “contingency” basis. This means the lawyer will get paid a part of the money you win in the lawsuit (usually 1/3rd of the damages). Under this kind of arrangement, you do not have to pay your attorney fees at the start of the case, or as the case goes along. The attorney will get paid at the end, by receiving a share of the damage award.

Yes, the legal system will allow you to file a lawsuit without a lawyer. Especially with personal injury cases, this is a bad idea. It is difficult to file a lawsuit, and succeed, unless you have the necessary legal knowledge and experience.

There are several things to look for when searching for the right attorney for you:

Whether a case will settle or go to court depends on several factors. This includes whether an insurance company is involved and if their settlement offer is enough to cover the victim’s losses. An attorney cannot predict in advance whether the case will settle or if it will be necessary to try the matter in court.

Legal Aid of West Virginia wishes to thank Sonny Johnstone, a personal injury attorney in Charleston, West Virginia, for writing this article for the Legal Aid web site.  For more information about Mr. Johnstone and his law firm, go to their web site at: https://www.wvlaw.net/