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West Virginia Personal Injury Attorneys

If You've Been Hurt, We Can Help!

With 70+ years of experience, Berthold Law Firm, PLLC in Charleston serves clients with compassion and dedication throughout West Virginia. We are passionate about helping victims find compensation for their suffering and we firmly believe in holding responsible those whose negligent behavior caused the harm.

Reasons to choose our West Virginia personal injury lawyers:

  • We Have 70+ Years Of Experience
  • We Provide Free Case Consultations
  • We’re A Top-Rated & Award-Winning Law Firm
  • We’ve Recovered Millions Of Dollars for Our Clients
  • We Have An Exceptional Track Record Of Success
  • We Prioritize The Satisfaction Of Our Valued Clients
  • We’re A Traditional Firm Who Takes A Progressive Approach

What Qualifies as Personal Injury?

Personal injury law covers everything from negligence to wrongful death cases and everything in between. At the core of every personal injury case is an act of negligence or careless behavior that resulted in a hazardous situation. If you believe that you or a loved one suffered due to the improper conduct of another, you may be entitled to receive compensation for lost resources that went toward medical bills, lost wages, and coping with pain and suffering.

Generally speaking, personal injury claims in West Virginia must satisfy the following elements:

  • Duty: The defendant must have owed a duty to the plaintiff to exercise reasonable care.
  • Breach: The defendant failed to exercise reasonable care, thereby breaching this duty.
  • Cause in fact: The defendant’s breach of duty directly caused the plaintiff’s injuries.
  • Proximate cause: The defendant must have been able to foresee that their actions could have resulted in harm to the plaintiff.
  • Damages: The defendant’s actions caused real damages to the plaintiff, and that the extend of these injuries and damages can be proven.

We Focus Exclusively on Personal Injury Law

At Berthold Law Firm, PLLC, our attorneys have a dedicated focus and exclusively practice personal injury law. We have succeeded in recovering millions of dollars for our clients and we are confident that our skills and approach can continue to succeed.

Deadline for Filing a Claim

If you are thinking of filing a personal injury claim in West Virginia, it is important to understand you have a time limit to file your injury lawsuit. This time limit is called the statute of limitations. In West Virginia, you have 2 years to file your claim with the courts, and the time-frame begins from the date of your accident. This is why filing a personal injury claim as soon as possible is so important, if you miss your window of opportunity, you could be barred from collecting compensation for your injuries. However, there are some exceptions to this rule in the event that you did not discovery your injuries and/or could not have discovered your injuries within that two year time period. There may be other exceptions that are case specific.

How Much is Your Claim Worth?

Every injury is different, therefore every injury claim is different. As such, it is virtually impossible to estimate the value of your personal injury claim without first speaking to a skilled attorney. With that being said, the circumstances surrounding your claim as well as the severity of your injuries will have a considerable influence on the amount of damages you may be able to recover.

West Virginia imposes a $250,000 limit for non-economic damages such as pain and suffering and similar losses, though claims involving catastrophic injury or wrongful death may warrant a higher cap of $500,000. These figures are adjusted to account for inflation. Punitive damages may also be awarded in very rare cases where the defendant acted with extreme negligence or gross disregard for human safety.

Comparative Fault Rules in West Virginia

Sometimes, plaintiffs are partially responsible for the accidents which caused their injuries. If this has happened to you, you will likely still be able to pursue some compensation for your injuries though your maximum damages will be reduced by your percentage of fault. This is known as “comparative negligence.” Under this system, you may still recover damages as long as you are found to be less than 50% at fault for your injuries.

How We Help Our Clients

If you are interested in retaining the services of a skilled lawyer, we recommend that you get in touch with us as soon as possible.

The sooner you begin, the better chance you have of obtaining compensation before the time allotted to pursue a claim has expired. We are a traditional firm with a progressive approach. In order to better assist our clients, we have a registered nurse on staff who can help with medical evaluations. Above all at Berthold Law Firm, PLLC, client satisfaction comes first.

Tell our West Virginia personal injury lawyers about the circumstances that surrounded your injury during a free case evaluation. We can get back to you with our advice and suggest a method of moving forward.

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