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FAQs Provided by Our Personal Injury Lawyers in West Virginia
Below are some frequently asked questions about our firm and common legal topics. Most are general questions, and the answers that we have supplied may not apply to your case. More specific questions can be answered by contacting our personal injury lawyers in West Virginia. We specialize in car accidents, truck accidents, aviation accidents, insurance bad faith, wrongful death, product liability, and more. Our personal injury lawyers can answer your questions if you have a case that falls under those areas of law.
- What is a personal injury case?
- What is medical malpractice?
- What is a statute of limitations?
- How much does it cost to hire a personal injury lawyer?
- Will you take my case?
What is a personal injury case?
You have suffered personal injury if you have been injured because of negligence, recklessness, or misconduct by a third party. This third party can be anyone, from an individual to the state to a corporation. Our personal injury lawyers have settled a variety of West Virginia cases, including cases of medical malpractice, car accident injury, slip and fall injuries, construction accidents, wrongful death, brain injuries, and more.
What is medical malpractice?
Medical malpractice is negligence by a medical professional that causes physical injury or harm. Negligence in medical malpractice cases is defined as any violation of the standard of care that an equally qualified medical professional would have provided in the same situation. It can include an act the health care professional performed incorrectly or an act he or she failed to do. When the negligence (which may be on the part of a doctor, nurse, technician, dentist, hospital, or any other medical professional or provider) leads to a patient injury or death that would otherwise not have occurred, the negligent party may be guilty of malpractice. The experienced personal injury lawyers at our West Virginia firm can investigate the specifics of your case to determine if you may have the basis for a successful medical malpractice claim.
What is a statute of limitations?
The statute of limitations is defined as the period of time during which you can file a claim for a given kind of case. This statute varies based on the state in which you are filing suit, and the violation that has been committed. For example, a victim must file a West Virginia medical malpractice case within two years of the time that he or she knew that medical malpractice had been committed. If more than two years passes before a claimant comes forward to file their case, the case will be barred, and the claimant will not be able to receive compensation. Again, the statute of limitations differs depending on the type of case. If you believe that you have been the victim of personal injury, you should contact our lawyers in West Virginia as soon as possible to learn more about the statute of limitations in your particular situation.
How much does it cost to hire a personal injury lawyer?
In the majority of cases, the personal injury lawyers at Berthold, Tiano & O'Dell will take your case on a contingency basis. This means that if we do not win your case, our services are free. If, on the other hand, we win your case, our fees will be taken as a small percentage of your compensation. Also, our offices will initially pay the expenses of your case (which include hiring witnesses, compiling evidence, and other associated costs). If we win your case, our firm will take these expenses out of the recovery. Choosing to come in to our offices for a consultation will cost you nothing. If you think you have been a victim of personal injury, contact our lawyers today.
Be sure to discuss the financial arrangements of your case with your attorney ahead of time so that you understand the fees for which you may be responsible, as different firms may have different payment procedures and financial arrangements may also vary according to the specific case type.
Will you take my case?
This question can only be answered once you have described your experience in detail to one of our personal injury lawyers. At Berthold, Tiano & O'Dell, we must feel able to establish a number of conditions in a court of law to take your case. We can only make this determination once we have heard your individual case in detail during a consultation. Fundamentally, we must be able to establish that a third party has been unreasonably negligent and that the negligence has been the cause of your injury. If you feel that you have experienced injury to the negligence or recklessness of another, contact our personal injury lawyers in Charleston, West Virginia to schedule a consultation. From there, we can determine whether our firm will represent your personal injury case in court.