When someone is injured due to someone else’s actions or negligence in West Virginia (WV), securing compensation for damages suffered can be a challenging and complex process. The key to success often lies in the strength of the evidence presented. In this blog post, we’ll discuss the critical role that evidence plays in securing personal injury compensation in WV, highlighting its significance in building a strong case and advocating for the rights of the injured.
Evidence is Key in Securing Personal Injury Compensation in WV
Whether a person is injured in a vehicle accident, due to a hazard on someone else’s property, or in another manner by someone else’s actions or failure to prevent an incident or injury, gathering and presenting strong evidence is vital to securing proper compensation for losses like time away from work, medical expenses, property damage, and pain and suffering.
WV personal injury evidence must be admissible under the West Virginia Rules of Evidence and presented in compliance with these rules and other state and federal rules and laws. Your attorney must adhere to these requirements when submitting evidence on your behalf or countering or objecting to evidence presented by the defense.
Jason Harwood is a Logan, WV personal injury lawyer who has also served as an assistant prosecuting attorney and judge in Logan County. His depth of experience with the legal system in Southern WV has equipped him with the skills and knowledge necessary to build a strong personal injury claim and secure compensation for his clients through settlement negotiations or in court.
Building a Strong Personal Injury Claim in WV
In West Virginia, as in many other states, the plaintiff must prove that the defendant’s negligence or intentional actions led to the injury and related damages. Evidence is the cornerstone of a personal injury claim. Whether it’s witness testimony, accident reports and other records, video footage, or photographs, the more evidence gathered to support the claim, the stronger the case becomes. A skilled personal injury lawyer knows how to gather and present this evidence effectively, tipping the scales of justice in favor of their clients.
Supporting a Claim for Personal Injury Compensation in WV
In addition to proving fault and liability, evidence is essential in demonstrating the extent of the damages suffered by the injured party. From medical records and bills to expert testimony regarding future medical expenses and lost earning capacity, each piece of evidence supports the claim that the plaintiff is entitled to compensation for damages due to the injury.
In addition to compensation for actual damages—losses like medical expenses and lost wages—WV injury victims may also be entitled to recover damages for noneconomic losses, like pain and suffering or mental anguish, under Chapter 55 of WV Code. It is critical that the plaintiff’s attorney gathers and presents evidence to demonstrate the impacts the injury has had on their client’s life and well-being.
Defense Tactics to Limit WV Personal Injury Compensation
In personal injury cases, defendants and their insurers employ various strategies to dispute or diminish the plaintiff’s claim. WV Code § 55-7-13a establishes a modified comparative fault standard for determining who is liable for an injury. This means that the defense can attempt to prove that another party, or even the plaintiff, is responsible—in full or in part—for the injury. If the court decides the plaintiff is more than 50 percent at fault, the injured party is not entitled to compensation. If fault is determined to be shared, any damages awarded are reduced by the percentage of fault allocated to the plaintiff.
The defense might also challenge the severity of injuries or use other tactics to undermine the credibility of the injured party’s case. However, with a robust arsenal of WV personal injury evidence at hand, a skilled attorney can effectively counter these defenses, presenting a compelling case that withstands scrutiny and secures the rightful compensation for their client.
Contact Logan, WV Personal Injury Lawyer Jason Harwood
If you’ve been injured due to the negligence or actions of another party in West Virginia, don’t navigate the legal process alone. Seek the assistance of an experienced personal injury lawyer who understands the importance of evidence in building a strong personal injury claim in WV. An attorney can help level the playing field and pursue the compensation you deserve. Remember, evidence is not just a factor in personal injury cases; it’s often the key to justice. Evidence is the foundation on which claims for personal injury compensation in WV are built. From establishing liability to quantifying damages and countering defense strategies, its significance cannot be overstated. Contact Logan, WV personal injury lawyer Jason Harwood at Harwood Legal for help securing the compensation needed to rebuild your life. Call 304-752-5015 or complete this online contact form to schedule a consultation today.