Legally speaking, personal injury comprises any physical or emotional injury a person sustains due to negligence, intentional wrongdoings, or reckless actions of another individual or entity. Most often, it arises because of some accident. However, personal injury can also result from purposeful actions like assault or defamation. It can also arise from injury to property rights. Typically you're entitled to bring a case in Charleston, WV, under the following grounds:
Negligence - West Virginia personal injury law is dependent on the legal concept of the duty of care. Individuals have a duty to others to act using reasonable care to avoid causing harm to others. When this duty is violated, and another person comes to harm because of their actions (or, in some instances, failure to act), they may be financially liable to pay the injured party for expenses and losses due to their negligence.
A typical example of negligence is when there is a car accident. Someone or something is responsible. If a driver runs a red light and hits another vehicle that had the right of way, the person that broke the law is the negligent party. The red light runner had an obligation to obey the law. While they may have missed the light change because they were distracted and didn't do it on purpose, this doesn't absolve them of their duty of care. When they ran the red light, they breached their duty of care. Any property damage resulting or injuries to the occupants is their responsibility to pay under the legal concept of negligence.
They would be liable to pay for any medical expenses, repair or replacement of the other driver's vehicle, along with any additional costs and losses incurred because of the accident.
Strict liability - Most personal injury cases require the plaintiff (you) to prove the other party behaved negligently, resulting in your injuries. However, under the doctrine of strict liability, negligence isn't a requirement to prevail. Commonly, cases that involve animal attacks, extremely hazardous activities, and defective products fall under strict liability. The term can be translated to mean absolute liability. Another way of saying it is it doesn't matter whether precautions were taken or the other party followed the law. They can still be held responsible for any injuries as a result. You don't have to prove fault.
For example, in cases of dangerous or defective products, you're not required to prove that the manufacturer or anyone involved with the design, distribution, or retail was reckless and failed to test the product adequately. If you were injured and were using the product as intended, you could have cause to file a lawsuit for your damages.
Dog bites are another issue that falls under strict liability. West Virginia's dog bites statute states that dog owners will be held strictly liable if they allow their dog "to run at large" and the dog bites someone, even if they weren't aware their dog would be aggressive. They still have to pay for any injuries to the dog bite victim. However, different rules apply if the victim was bitten on the dog owner's property. This is known as the "one-bite" rule. Under these circumstances, West Virginia requires a claimant to prove the owner was aware of the dog's aggressive nature and that it could reasonably cause injury to others.
The last instance where strict liability may come into play is extremely dangerous activities. This means the activity was inherently dangerous, and there was an abnormally large risk of harm coming to others regardless of whether they took precautions or followed the law.
For example, suppose the owner of a demolition company decides to store explosives at their home in the suburb of North Charleston. Keeping explosives in a suburban home is so dangerous that an explosion is likely to occur. If someone is injured because of this heedless move, the demolition company owner would be strictly liable for all damages.
Intentional wrongs - The final ground for a personal injury lawsuit is an intentional wrong, also known as an intentional tort. An intentional tort commonly revolves around an action like assault or battery. While these are crimes, and the perpetrator may be ordered to pay restitution to their victim, many people don't realize they have grounds for a personal injury lawsuit as well. However, the difference between negligence and intentional torts should be explained.
For example, suppose you're out with a group of friends and decide to share an Uber. When you go to exit the vehicle, one of the other passengers doesn't realize your hand is still in the doorframe, and they slam it shut, breaking your fingers. That is a clear-cut case of negligence. The other party may not have been paying attention. However, they still harmed you, and you would be justified in seeking damages for medical expenses, lost wages, and pain and suffering.
On the other hand, suppose you were sharing the Uber with these friends and got into an argument over politics. One of them is so enraged by your political beliefs that when you get to your destination, they shove you out of the vehicle, and you break your jaw along with some teeth. While this person would deservedly face criminal charges, you would also be within your rights to file a personal injury lawsuit.
Other intentional torts are defamation and intentional infliction of emotional distress. Although these are generally more difficult cases, Morgan and Morgan are prepared to examine the facts of your case and provide you with legal options.