To prove a breach of duty, the plaintiff must demonstrate that the defendant failed to meet the expected standard of care. This involves showing that the defendant’s actions or lack thereof fell below what a reasonable person would have done in a similar situation. This can be determined by considering factors such as industry standards, professional guidelines, and common sense.
For example, in a car accident case, a breach of duty may occur if a driver fails to stop at a red light or drives recklessly, or drives too fast for conditions.
Breach of duty is often one of the most strongly contested areas of a personal injury case. Kuenzel Law, PLLC understands how to investigate these cases and build the evidence you need to establish that a breach occurred.
Causation
Once a breach of duty has been established, it is essential to show that the defendant’s actions or negligence directly caused the plaintiff’s injuries. There are two components to causation: cause-in-fact and proximate cause.
Cause-in-fact involves determining whether the injury would not have occurred if the defendant had not breached their duty. In other words, the plaintiff must demonstrate that “but for” the defendant’s actions or negligence, the harm would not have happened. This can sometimes be straightforward, such as proving that a car accident would not have occurred if the defendant had followed traffic laws.
Proximate cause, on the other hand, involves assessing the legal and foreseeable connection between the defendant’s actions and the plaintiff’s injuries. It examines whether it was reasonably foreseeable that the defendant’s breach of duty would result in the specific harm suffered by the plaintiff. For instance, in a slip and fall case, the defendant’s failure to fix a broken staircase may be the cause-in-fact of the plaintiff’s injuries.
Our Logan County personal injury attorney can assess the specific facts of the case, gather evidence, and help present a compelling argument demonstrating both breach of duty and causation.
Call the Logan County personal injury lawyers at Kuenzel Law, PLLC today at (304) 427-5706.
Logan County Personal Injury FAQ
What should I do immediately after a car accident in Logan County?
After a car accident, ensure everyone's safety and call 911 to report the accident and any injuries. If possible, move your vehicle out of traffic. Exchange information with the other driver(s) involved and gather contact details from any witnesses. Take photos of the accident scene and damages to vehicles. Seek medical attention, even if you feel fine, as some injuries may not be immediately apparent.
How do I file a personal injury claim after a car accident in Logan County?
To file a personal injury claim, contact your insurance company as soon as possible to report the accident. Gather all relevant documentation, such as medical records, police reports, and evidence from the accident scene. Consider consulting with a personal injury attorney who can guide you through the process and help ensure you receive fair compensation.
What kind of compensation can I expect from a car accident personal injury claim?
Compensation can vary depending on the severity of the accident and injuries. You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and any future medical care related to the accident. An attorney can help assess your claim's potential value.
How long do I have to file a personal injury claim in Logan County, WV?
In West Virginia, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. It is crucial to file your claim within this time frame to preserve your right to compensation.
What if the other driver is uninsured or underinsured?
If the other driver is uninsured or underinsured, you may still be able to recover damages through your own insurance policy if you have uninsured/underinsured motorist coverage. Your insurance company can explain your policy details and potential options for recovery.
These FAQs provide a basic understanding of personal injury claims related to car accidents in Logan County, WV. For specific advice or legal assistance, it's advisable to consult with a qualified personal injury attorney who can address your individual circumstances.
The Types of Damages You Can Receive
The final step of the personal injury process is the collection of damages. Injuries are often more complex and far-reaching than they may initially appear. Beyond your physical wounds, you might find yourself grappling with a multitude of challenges stemming from your accident.
Here are just a few of the factors that must be considered in calculating damages:
- Medical bills: This includes hospital bills, doctor consultations, surgeries, medications, rehabilitation, and any other necessary medical treatments.
- Lost wages: The income lost from missed time at work is a starting point. There is also the future income that the injured person would have earned had the accident not occurred.
- Pain and suffering: Factors such as the severity of the injuries, the duration of the pain, and the impact on the person’s daily life are taken into account when determining the compensation to be awarded.
- Therapy and emotional support: These damages cover the costs of psychological treatment, therapy sessions, and support groups aimed at assisting the injured party in their recovery process.
- Loss of enjoyment: What happens when an injury significantly impacts an individual’s ability to engage in activities they once enjoyed? This type of compensation seeks to acknowledge the diminished quality of life experienced due to the accident.
At Kuenzel Law, PLLC, we take pride in our thorough work in considering all possible damages and in our ability to negotiate a fair settlement. Contact our Logan County personal injury attorney at (304) 427-5706or online.
