What Does a Personal Injury Lawyer Do?

A personal injury lawyer helps people who have been hurt because of someone else’s negligence or wrongful conduct. In Charleston, West Virginia, this can include investigating an accident, identifying responsible parties, calculating damages, negotiating with insurance companies, and filing a lawsuit when necessary.

An attorney can also explain how West Virginia law affects a claim and help an injured person make informed decisions while focusing on their recovery.

What Types of Cases Does a Personal Injury Lawyer Handle?

Personal injury law covers many situations in which a person suffers harm because another individual, business, or organization failed to act with reasonable care.

Common cases include:

  • Car accidents
  • Commercial truck accidents
  • Motorcycle crashes
  • Pedestrian and bicycle accidents
  • Slip and fall accidents
  • Dangerous property conditions
  • Defective products
  • Workplace and construction accidents
  • Nursing home negligence
  • Wrongful death claims

The legal issues involved can vary significantly depending on how the injury occurred. For example, a truck accident might involve the driver, trucking company, maintenance contractors, or other parties, while a premises liability claim may focus on whether a property owner knew or should have known about a dangerous condition.

How Does a Personal Injury Lawyer Investigate a Claim?

One of a lawyer’s first responsibilities is determining what happened and who may be legally responsible.

An investigation may involve collecting:

  • Police or accident reports
  • Photographs and video footage
  • Witness statements
  • Medical records
  • Employment and wage records
  • Vehicle or maintenance records
  • Electronic data and other relevant evidence

Depending on the circumstances, an attorney may also consult medical professionals, accident reconstruction specialists, engineers, or other experts.

Gathering evidence early can be important because surveillance footage may be erased, physical evidence can disappear, and witnesses’ memories may become less reliable over time.

How Does a Lawyer Determine What a Personal Injury Claim Is Worth?

A personal injury lawyer also evaluates the losses caused by an accident. The value of a case depends on the specific facts, so there is no standard settlement amount.

Potential damages may include:

  • Past and future medical expenses
  • Lost wages
  • Reduced future earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Disability or impairment
  • Loss of enjoyment of life

Serious injuries may require ongoing treatment, rehabilitation, assistive equipment, or modifications to a person’s home. A lawyer can consider these future needs when evaluating the claim, rather than focusing only on bills already incurred.

How Does West Virginia’s Comparative Fault Law Affect a Claim?

Determining fault is especially important in West Virginia because the state follows a modified comparative fault system.

Under West Virginia law, an injured person can generally recover damages when their share of fault does not exceed the combined fault of the other responsible parties. Any award can be reduced according to the injured person’s percentage of responsibility. If the person’s fault exceeds the combined fault of all other responsible parties, recovery is barred.

Because insurance companies may argue that an injured person contributed to an accident, a lawyer can investigate the evidence and respond to allegations of shared fault.

Does a Personal Injury Lawyer Deal With Insurance Companies?

Yes. Communicating and negotiating with insurance companies is a significant part of many personal injury cases.

An attorney can handle communications with insurers, submit supporting evidence, evaluate settlement offers, and negotiate for an amount that reflects the client’s losses.

This can also help protect an injured person from making statements that could later be used to challenge the severity of their injuries or their version of how the accident occurred.

If negotiations do not produce an acceptable resolution, the attorney can discuss whether filing a lawsuit is appropriate.

How Long Do You Have to File a Personal Injury Lawsuit in West Virginia?

West Virginia generally provides a two-year statute of limitations for lawsuits seeking damages for personal injuries.

However, the applicable deadline can vary depending on the type of case, the parties involved, and other circumstances. Waiting too long can result in losing the right to pursue a claim, so speaking with an attorney early can help determine the applicable deadline.

Contact the Charleston Personal Injury Lawyers at Mani Ellis & Layne Accident & Injury Lawyers for a Free Consultation

Understanding what a personal injury lawyer does can make it easier to decide whether legal representation may be helpful after an accident. An attorney can investigate what happened, gather evidence, deal with insurance companies, calculate damages, and pursue a settlement or verdict when appropriate.

The attorneys at Mani Ellis & Layne Accident & Injury Lawyers have more than 70 years of combined experience and have recovered hundreds of millions of dollars for injured clients. If you were injured because of someone else’s negligence, contact us to schedule a free consultation with a Charleston personal injury lawyer.

We proudly serve clients throughout Franklin County from our Columbus, OH, office and throughout Kanawha County from our Charleston, WV, office.

Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
Find us with our GeoCoordinates: 39.96270905583009, -82.99956356191063

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Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
Find us with our GeoCoordinates: 38.348382927211865, -81.635109451865

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About the Author Jon Mani

About the Author

Jon Mani is a founding partner and personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers. With over 20 years of experience representing injured individuals in West Virginia and Ohio, Jon focuses on complex cases involving car accidents, truck accidents, nursing home abuse, catastrophic injuries, medical malpractice, and wrongful death. He is known for his strategic, hands-on approach to litigation and has held leadership roles within the legal community, including serving as President of the West Virginia Association for Justice. Click here to see some of the firm’s most notable case results.

Locations: Charleston, WV, and Columbus, OH
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