Morgantown Personal Injury Lawyers

Generally speaking, there are four elements in any personal injury claim:

1. Duty of care: The defendant had a duty to avoid causing you harm.
2. Breach: A breach is a failure to uphold the duty of care, usually through negligence but potentially as a result of intentional wrongdoing.
3. Causation: You need to establish a direct connection between your injuries and the defendant’s actions.
4. Damages: You suffered compensable losses as a result of the injury. This may include medical bills, lost income, etc.

If you were injured in any type of situation meeting these four criteria, you may have a valid personal injury claim. Most claims originate from incidents such as car and truck crashes, slips and falls on another’s property, and medical negligence, but these are not the only events for which you can take legal action for a personal injury.

A Morgantown personal injury lawyer at Colombo Law can review your case for FREE and discuss your legal options. Contact us today.

Your top priority after any accident in West Virginia should be your health and well-being, followed by protecting your legal rights. Taking these steps can help you achieve both goals:

1. Seek medical attention immediately.
2. Report the incident to the police, the owner of the property where the accident occurred, etc.
3. Collect evidence such as photos, witness accounts, written notes, etc.
4. Keep records of medical expenses, lost wages, physical pain, emotional distress, etc.
5. Contact a personal injury lawyer as soon as possible.

One thing you should not do is communicate with the insurance company before consulting an attorney. Insurance companies want to pay as little as possible, and they will not hesitate to use your words against you if it gets them off the hook. We recommend having your attorney do the talking while you focus on healing from your injuries.

The statute of limitations for personal injury claims in West Virginia is 2 years (see West Virginia Code §55-2-12). If the injury is not discovered until a later date, you may be granted additional time to make a claim. You should talk to a personal injury attorney as soon as possible if you were injured through no fault of your own in West Virginia.

You may be entitled to compensation for various types of damages. A Morgantown personal injury lawyer at Colombo Law can pursue compensation for the following losses:

• Past and future medical bills
• Lost wages
• Household services and home-based medical care
• Pain and suffering
• Emotional distress
• Permanent disability
• Scarring and disfigurement
• Loss of consortium
• Loss of enjoyment of life

Punitive damages may be awarded at trial, but only in certain circumstances. You need to prove to the court that the defendant acted with “actual malice” or “conscious, reckless and outrageous indifference” to your safety (see West Virginia Code §55-7-29). Punitive damages are capped at a maximum of $500,000 or four times the value of compensatory damages, whichever is greater.

You pay nothing upfront when you contact Colombo Law. The initial consultation is 100% FREE and comes with no obligation to hire our firm. If you decide to have us handle your personal injury claim, we represent you on a contingency fee basis. This means you don’t have to pay legal fees unless and until we obtain a favorable result on your behalf.

Colombo Law’s No Fee Promise guarantees that you incur no financial risk for legal representation. Our team will fully review the terms of the agreement so you understand when payment is due and how fees are calculated.

West Virginia has established a modified comparative fault standard in personal injury claims. You can still recover personal injury damages if you are partly at fault, but your compensation will be reduced in proportion to your share of responsibility for the accident. If you are found to be more than 50% at fault, you will be barred from recovery of damages (see West Virginia Code §55-7-13c).

It is possible, but very unlikely, that your case will end up going to court. Most personal injury claims settle before they go to trial. Sometimes, a settlement may be negotiated without the need for litigation at all.

That said, the possibility that your personal injury case could go to court underscores the importance of hiring a proven trial attorney. Colombo Law has extensive courtroom experience and prepares each one of our cases as though it will go to trial. Our emphasis on trial preparation separates us from other personal injury law firms in the Morgantown area, providing a major advantage if we need to take your case to court.

Every personal injury case is different, but a settlement is generally reached within a few months to 1 year. Our personal injury lawyers are skilled negotiators who strive to maximize your compensation through all available means. We provide you with regular updates, discuss whether it is in your best interests to accept a settlement, and evaluate the compensation that may be recovered by filing a lawsuit and going to trial.

Read More: Why a Settlement Offer May Not Be in Your Best Interests

In West Virginia, people who have been injured due to the negligence of others can make claims for compensation. Fault must be proven in virtually all personal injury claims, which is why it is beneficial to seek legal counsel.

Key provisions of West Virginia personal injury law to know include:

• 2-year statute of limitations
• 50% threshold for comparative negligence
• No caps on compensatory damages in general personal injury claims
  • As of July 1, 2024, caps are imposed on non-economic damages in truck accident claims.
• Several liability; a defendant may only be held liable for their share of damages in claims with multiple defendants (see West Virginia Code §55-7-13c)
• A personal injury action survives the claimant if they die as a result of injuries caused by the defendant’s wrongful act (see West Virginia Code §55-7-8)

A qualified personal injury attorney in Morgantown can guide you through the applicable laws and help you assert your legal rights. If your loved one died in an accident, Colombo Law can help you and your family pursue compensation for wrongful death.

Morgantown is located in Monongalia County, West Virginia. As the seat of Mon County, Morgantown is home to several courts. These include the Monongalia County Circuit Court, Monongalia County Magistrate Court, and the U.S. District Court for the Northern District of West Virginia.

Personal injury claims in West Virginia seeking damages in excess of $7,500 are handled by the circuit courts. As such, the majority of Morgantown personal injury cases are heard in Monongalia County Circuit Court, with the Magistrate Court hearing cases with less than $7,500 in damages. If a case is removed to federal court, it would likely go to the U.S. District Court.

The process for filing a personal injury claim with the courts in Morgantown generally involves:

1. Identifying which court has jurisdiction. A local personal injury lawyer can confirm this, but it will probably be Monongalia County Circuit Court.
2. Filing the complaint. The complaint is the document that officially starts your lawsuit. It includes a summary of the facts of the case, allegations against the defendants, and the damages you are seeking.
3. Negotiating a settlement. Insurance companies may offer a settlement or try to resume negotiations in an effort to avoid having to go to trial.
4. Preparing for trial. Our attorneys handle pre-trial motions, discovery, and other aspects of trial preparation if a settlement isn’t reached.
5. Going to trial. The trial date is set by the court. Depending on how crowded the docket is, it could be months or even years before the trial begins.

Colombo Law is committed to providing clients in and around Morgantown with the highest caliber of legal service. We know the local courts and the community, enabling us to represent you effectively and fight for the full compensation you deserve for your injuries.

There are several unique factors that contribute to personal injury claims in and around Morgantown:

• Roads such as High Street, Beechurst Avenue, and University Avenue have heavy concentrations of commuter traffic and student traffic from West Virginia University. This increases the risk of car accidents.
• Morgantown’s proximity to major highways like I-79 and I-68 means heavy trucks move through the area frequently. Truck accidents are a common occurrence on highways with significant commercial traffic.
• The roads in Morgantown have been named the worst in the state. Potholes, uneven pavement, and other issues can contribute to accidents as well as wear and tear on vehicles.

Your personal injury attorney should know the local roads where accidents occur, as well as the hospitals where people go if they’re injured (such as J.W. Ruby Memorial Hospital and Mon Health Medical Center). Local experience is also invaluable when it comes to knowing judges and court personnel, defendants, and insurers.

Attorney Dino Colombo founded Colombo Law in Morgantown in 1999. We have dedicated ourselves to serving the victims of personal injury in our hometown, Mon County, and all of West Virginia for decades. A Morgantown personal injury lawyer at our firm has the local knowledge and experience to fight for the outcome you deserve.

You may still be able to recover damages if you didn’t get care for your injuries right away, but delays might complicate your claim. It really is in your best interest to go to the hospital as soon as possible after an accident, even if you feel fine or don’t have visible injuries.

Insurance companies may use delayed medical care as a justification for denying your claim. They might say that you are exaggerating your injuries or your injuries weren’t caused by the accident. It can be difficult to overcome these arguments without knowledgeable legal counsel.

Some accident-related injuries (such as whiplash, concussions, and internal injuries) may not be immediately apparent. If you seek medical attention when symptoms begin, you should generally still be able to make a claim. A capable personal injury lawyer can collect evidence to show that your injuries were caused by the accident and protect your right to compensation.

Our personal injury attorneys examine multiple factors to determine how much compensation you may be entitled to. Important considerations include:

• The severity of your injuries
• Whether your injuries will heal with time or have permanent effects
• The cost of medical care (past and future)
• How much income you’ve lost/will lose in the future
• Out-of-pocket costs for household services, home and vehicle modifications, etc.
• The degree of physical pain and psychological trauma
• Permanent scarring or disfigurement due to the accident
• Effects on your relationship with a spouse, children, and other family members

The value of your personal injury case is also contingent on the available insurance coverage, as well as issues of comparative fault. Our lawyers draw on decades of experience and keen investigative skills to determine what your claim may be worth based on the evidence.