Frequently Asked Questions About Personal Injury Law
Q: How do I know if I have a personal injury case?
A: You must have suffered an injury to your person or property that was the fault of someone else. It is not always necessary to have a physical injury to bring a personal injury lawsuit — some personal injury claims can be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. Similarly, you also may have a case if someone has caused injury to your reputation, invaded your privacy or intentionally inflicted emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to contact a lawyer as soon as you suffer or discover an injury.
If you have lost a family member or suffered injuries as a result of another person’s negligence or misconduct, working with an attorney who has exemplary legal skills can help you to achieve the favorable verdict or settlement to which you are entitled. To find out how our firm can work with you to address your immediate needs, contact us to schedule a consultation and case evaluation with an experienced personal injury attorney.
Brought to You by the Peyton Law Firm in Nitro, West Virginia
After an injury caused by another person’s careless or reckless behavior, the injured person is sure to want financial compensation. Every individual has the duty to act with reasonable care towards others, and when a person fails in that duty, he or she may be legally responsible for any accident that results.
The following general information about personal injury lawsuits is provided by the Peyton Law Firm, in Nitro, West Virginia. Our family-run law firm has been in operation for more than 30 years, and we have an active and successful personal injury practice.
Contact us to schedule a consultation with one of our experienced lawyers.
Personal Injury – An Overview
Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, automobile accidents, assaults and battery, medical malpractice, and product liability. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact a personal injury attorney at Peyton Law Firm, P.L.L.C. in Nitro, West Virginia, at once to find out how we can help you preserve your rights.
Dangerous or Defective Products
A person who suffered harm while using a product that was manufactured or marketed in a defective or dangerous way may be able to recover damages from the responsible party in a products liability-based personal injury suit.
Motor Vehicle Accidents
Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents have a variety of possible causes, including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a personal injury lawyer about your motor vehicle accident case can help you sort out your rights, your options and your future.
Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as cats, ferrets, rats, snakes and even birds, can also bite humans. Non-domesticated animals, such as large cats or monkeys and apes ordinarily found in the wild (owned by some people as pets or held in private animal refuges) have been known to attack children and adults as well. An animal owner’s liability for injuries caused by his or her pet, if any, will vary greatly from jurisdiction to jurisdiction.
Slips, Falls and Other Premises Liability Claims
Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris, or spilled liquid on the floor. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred.
In general, a wrongful death claim is one in which it is alleged that a person died as a result of another’s negligence. The deceased person’s surviving relatives, dependents or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. These may include medical bills, funeral expenses, lost wages and loss of companionship. Each state has its own wrongful death laws and not every state follows the same guidelines, principles or rules.
Assault and Battery
In civil court, assault and battery are “intentional torts,” and can be the basis of a personal injury lawsuit against the person who commits them. Assault and battery are different from other personal injury claims in that the person accused of assault or battery must have acted with the intent to cause a certain result, namely either fear in the victim or physical contact to the victim’s person.
Personal Injury Resource Links
U.S. Consumer Product Safety Commission (CPSC)
The CPSC is charged with protecting the public from unreasonable risks of property damage, serious personal injury or death from consumer products such as toys, cribs, power tools, cigarette lighters and household chemicals that pose a fire, electrical, chemical or mechanical hazard or can injure children. The CPSC’s website includes recalls and product safety news, information on reporting an unsafe product and more.
National Safety Council (NSC) Injury Facts
The National Safety Council offers safety resources that provide statistics, tips and suggestions for staying safe at home and while on the road.
Tort Law: An Overview
This website, maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about tort law, including discussion of intentional torts, negligence and strict liability.
Spotlight on Dog Bite Liability
This article from the Insurance Information Institute (III) discusses issues related to dog bite liability, including the responsibilities of dog owners, recent developments in state legislation and important court decisions.
Products Liability Law: An Overview
This website, also maintained by the Legal Information Institute (LII) at Cornell University Law School, provides general information about the law of products liability as well as links to federal and state judicial decisions and statutes.