Personal Injury FAQs
At Ardent Legal, PLLC, we love when our clients have questions. If you have never engaged in the legal process before (or even if you have), you are sure to have more than a few. Below, Morgantown personal injury attorney, Brianna W. McCardle, answers some frequently asked questions about personal injury cases.
What is personal injury?
Personal injury law is a form of civil action (not criminal) where an injured party (called a Plaintiff) seeks compensation from another party (called a Defendant) for injuries and losses they have suffered as a result of the the party’s failure to act or act that caused injury (negligence or intentional conduct).
What are some examples of personal injury cases?
Car wrecks, medical malpractice, wrongful death, strict liability (defective products), intentional acts (e.g., assault, battery, intentional infliction of emotional distress), and slip and fall incidents are all examples of personal injury cases.
What types of personal injury cases do you handle?
Our Morgantown, WV personal injury attorney, Brianna W. McCardle, handles car wreck (or automobile/vehicle wreck), medical malpractice, and wrongful death cases in which an individual has been seriously injured or killed as a result of someone else’s negligence.
Do I have to pay for an attorney to represent me in my personal injury case?
At Ardent Legal, we take cases on what is known as a “contingency fee” basis. This means that you do not pay a fee for us to represent you, unless we recover compensation for your loss. Our fee is contingent (or based upon) the recovery in your case. In the event that we are able to obtain a settlement or judgment on your behalf, our fee is paid out of the proceeds of the settlement or judgment.
How much compensation will I receive for my injuries?
The classic attorney answer to this question is “it depends”. The total recovery you will receive in your case varies widely depending on the type of injury involved, the treatment received, the medical bills incurred, the extent of the other driver’s negligence or wrongful conduct, the length of recovery, whether you have suffered lost wages, whether you have substantially recovered from your injuries or are left with a permanent injury, and many more. Insurance companies typically want to pay as little as possible in compensation to an individual injured in a car wreck. DIY is never an approach that you should take in negotiating with the insurance company. Our experienced personal injury attorney, Brianna W. McCardle, can help to assess the potential value of your claim and negotiate with the insurance company on your behalf to ensure you are compensated for your injuries and losses.
Will my case go to trial?
Probably not. Very few personal injury cases go to trial. Most cases settle out of court through informal negotiation or through mediation. Again, this is where having an experienced personal injury attorney can make a difference in obtaining a favorable settlement.
What should I do if I’ve been in a car wreck?
There are several important steps you should take following an accident: 1) call 911 to report the accident and request a police officer to come to the scene, 2) take photographs of the vehicles and the scene, 3) obtain personal and contact information for the other driver, 4) obtain contact information for any witnesses at the scene, 5) get medical treatment and follow recommendations given to you by providers.
What do I do if the other driver’s insurance company contacts me?
Do not provide any statements to the other driver’s insurance company, and contact an attorney. Having a competent attorney on your side is the best way to ensure that you are being treated fairly by the insurance company and are not harming your case.
What should I do if I think I have been injured as a result of medical malpractice?
Contact an experienced medical malpractice attorney as soon as possible. Getting the right attorney on-board early in your case is essential to preserving your claims and collecting evidence of the alleged malpractice.
How long do I have to file a lawsuit?
The deadline to file a lawsuit in West Virginia for most personal injury cases is two years from the time of the injury or discovery of the injury (this is called the "statute of limitations”). This means that if you do not file within that timeframe, then you will be prevented from filing in the future. Sometimes, determining the statute of limitations can be difficult—particularly if it is based the “discovery rule”. That is why it is extremely important to get a lawyer involved in your case as soon as possible to make sure that all deadlines are being met, and that you are not prevented from filing your case because of a mistake with the statute of limitations.
Do I have to pay for an initial consultation?
No. Initial consultations with our Morgantown, WV personal injury attorney are always free.