Personal Injury Law Blog

West Virginia and Ohio Personal Injury Legal Topics by Jan Dils & Jim Leach

Archive for January, 2012

Why should I hire an Attorney for a Personal Injury Claim

Tuesday, January 31st, 2012

After being injured because of someone else’s negligence, it is important to have someone on your side. The responsible party and insurance companies are not looking out for your best interest. A personal injury can leave your family facing drastic consequences, including treatment expenses and lost wages.

Instead of trying to navigate the legal system yourself, you may want to seek the services of an experienced personal injury lawyer. As part of their profession, attorneys routinely:

• Communicate with insurance companies
• Navigate the legal system
• Seek maximized amounts of compensation

If you file a claim without an attorney, you may not get the full amount of compensation you deserve. Attorneys Jan Dils and Jim Leach work with insurance companies on a daily basis; it is difficult to face these companies on your own. Your attorney wants you to be fully compensated for your injuries – the insurance companies do not.

If you have suffered a personal injury in West Virginia or Ohio, including Parkersburg and Athens, please contact the experienced accident attorneys Jan Dils and Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.

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Emotional Pain and Suffering in Personal Injury

Sunday, January 29th, 2012

Pain and suffering generally refers to emotional and physical stress stemming from an accident. When you suffer a personal injury, you endure much more than the medical expenses caused by the incident. You may also experience:

• Anxiety
• Depression
• Mental distress
• Anger or frustration
• Loss of sleep
• Withdrawal from normal activities
• Disfigurement or deformity

These are just a few examples of pain and suffering. Everyone reacts differently to the trauma of an accident. In some cases, people have lost a loved one due to someone else’s negligent behavior. In these instances of wrongful death, friends and family of the deceased suffer immeasurably.

Following a personal injury that was not your fault, you may be entitled to compensation for your expenses. Oftentimes, pain and suffering is more difficult to prove than medical expenses and lost wages. Judges and juries cannot see how you are suffering mentally and emotionally. Nonetheless, if you have been injured by no fault of your own, you should not have to deal with the consequences while the person who injured you takes no responsibility.

If you have a personal injury resulting from someone else’s negligence, please contact the experienced personal injury lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, serving West Virginia and Ohio, including Parkersburg and Athens, to schedule a consultation.

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Car Accident Compensation and Pre-Existing Medical Conditions

Friday, January 27th, 2012

Car accidents often aggravate preexisting medical conditions and injuries, including:

• Neck, back and shoulder injuries
• Joint trauma and injury
• Herniated disk

If you experience greater pain or a worsening of your condition following a car accident caused by a negligent driver, you may be able to recover compensation to pay for medical and other expenses.

If your preexisting condition has not been changed by the car accident, then you are not entitled to compensation because no injury has occurred.

As part of what to do after a car accident, you should:

• Seek medical attention as soon as possible.
• Disclose all prior injuries and medical conditions in your car accident claim.

By seeking medical attention, you are creating documentation of any injuries caused by the accident. This medical record allows your lawyer to accurately show the change in your medical condition.

You should disclose your existing condition up front, both to demonstrate the integrity of your claim and to show that an aggravation of the condition has occurred.

If you have been in a car accident in Parkersburg or the surrounding West Virginia areas, please contact the experienced car accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.

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Car Accident Compensation with Partial Fault

Wednesday, January 25th, 2012

Sometimes, a car accident involves some degree of fault by both parties. For example, you may have been traveling slightly over the speed limit when another driver turned in front of you. In this situation, it may be determined that your speeding played a very minor role in causing the accident.

If you suffered injuries from the accident, your ability to receive compensation depends on the US state in which you reside. Negligence (fault) is determined based upon:

• Contributory negligence
• Comparative negligence
• Modified comparative negligence

Most US states, including Ohio and West Virginia, have adopted a modified comparative negligence method in determining fault and compensation.

Comparative negligence recognizes both drivers can be partly at fault. Under pure comparative negligence, a judge or jury determines the degree of fault for each party, and then damages are apportioned to each party based directly on the degree of fault.

Contributory negligence is used by only five US states. Under this apportionment law, if you are at fault to any degree, then you cannot receive compensation for your injuries.

In West Virginia, the 50 percent rule of modified comparative negligence means you can receive compensation if you are 49 percent or less at fault. In Ohio, the 51 percent rule stipulates that you can be 50 percent or less at fault and still receive compensation for your injuries. In both modified negligence laws, the amount of compensation corresponds to the degree of fault.

If you live in West Virginia or Ohio, including Parkersburg and Belpre, and have been in a car accident, please contact the experienced car accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.

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