Listen in on our Ask the Lawyer radio show every Thursday morning from 8:20am – 9:00am

Peyton Law Firm, P.L.L.C.

Call Today: 304-755-5556

Peyton Law Firm, P.L.L.C.
304-755-5556

Successful. Convenient. Friendly.

Charleston Personal Injury Lawyers

In the moments after an accident, life can feel overwhelming. The physical pain, emotional trauma and mounting medical bills create a perfect storm of stress when you should be focusing solely on healing. We understand that this wasn’t part of your plan – that behind every injury is a person whose life has been unexpectedly disrupted.

At Peyton Law Firm, P.L.L.C., we don’t just help injured people negotiate a settlement with the insurance company. We help individuals and families throughout Charleston pursue all of the compensation they deserve.

We handle personal injury and wrongful death claims arising from any type of accident, including:

Attorney Harvey D. Peyton, Esq., founded Peyton Law Firm in Nitro, West Virginia, more than three decades ago. He is now joined in his law practice by his attorney son, Thomas H. Peyton, as well as by his wife, Jennifer Peyton, who is a member of our staff. If the injury is serious to you, it is serious to us. We do not limit our practice to injury cases involving major trauma such as a brain or spinal cord injury. We can give legal representation to people with soft tissue damage or other hard-to-diagnose conditions as well.

We Are Here To Help With All Aspects Of Your Personal Injury Or Wrongful Death Case

We help injured people – and the families of people killed in fatal Charleston accidents – with every legal problem that comes along as a result of the accident.

If our client has a difficult time getting proper medical care, we can suggest ways to find the right doctors. If medical negligence occurs during treatment, we can pursue that legal claim as well. If our client becomes permanently disabled and is unable to work, we will help file disability insurance claims. If our client was injured at work, we can help file a third-party injury claim in addition to their workers’ compensation claim.

We can also write a new will or estate plan to account for a personal injury settlement, or help a family with the probate process after a loved one’s death. We give advice about retirement planning and structuring a personal injury settlement to preserve Medicaid eligibility.

In other words, we take seriously our duty to give the most favorable legal assistance to our clients. To do otherwise is against our principles and our personalities.

Frequently Asked Questions

At Peyton Law Firm, we understand that navigating the legal process after an injury can be overwhelming. Our team has compiled answers to questions we commonly hear from clients throughout West Virginia. If you don’t see your question addressed below, please contact our Charleston office for personalized guidance.

How long do I have to file a personal injury claim in Charleston, West Virginia?

In West Virginia, you generally have two years from the date of your injury to file a personal injury lawsuit, as established by the state’s statute of limitations. However, important exceptions exist:

  • Cases against government entities may have shorter notice requirements (as little as 30 to 90 days)
  • Medical malpractice claims follow the same two-year rule but may be extended if the injury wasn’t immediately discoverable
  • Claims involving minors may have extended deadlines until they reach adulthood
  • Wrongful death claims have two years from the date of death, not the injury

Failing to file within these time frames typically results in losing your right to compensation, making prompt legal consultation crucial.

What types of compensation can I recover in a personal injury lawsuit?

If you’ve been injured due to someone else’s negligence, you may be entitled to various types of compensation, including:

  • Medical expenses, including hospital bills and rehabilitation costs
  • Lost wages and future earning potential
  • Pain and suffering, including emotional distress
  • Property damage, such as vehicle repair or replacement
  • Punitive damages in cases of reckless or intentional conduct

West Virginia follows a modified comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, provided you’re not more than 50% responsible. Each case is unique, so the specific types and amounts of compensation will depend on the details of your situation. We can help you achieve a fair settlement.

Should I accept the insurance company’s offer to settle?

Initial settlement offers from insurance companies in West Virginia are typically much lower than the true value of your claim. Before accepting any offer:

  • Consult with a personal injury attorney who understands West Virginia law
  • Ensure you’ve reached maximum medical improvement or fully understand your long-term prognosis
  • Calculate all current and future expenses related to your injury
  • Consider the noneconomic impacts like pain and suffering

Insurance adjusters work to minimize company payouts, not maximize your recovery. West Virginia’s comparative negligence laws make proper case valuation complex. Once you accept a settlement, you typically waive rights to future compensation – even if complications arise later. Our firm can evaluate whether an offer fairly compensates you or if litigation would better serve your interests.

Reach Out Today To Schedule Your Free Initial Consultation

Our team is known as one of the premier personal injury litigation firms in West Virginia. We have tried hundreds of cases over the years, and our attorneys are licensed in both West Virginia and Ohio.

To schedule a confidential and complimentary meeting with one of our Charleston personal injury attorneys, call 800-681-9555 or use our online contact form.