Were you injured on someone else’s property in Morgantown, West Virginia? If so, you may be entitled to damages for your injuries under the legal doctrine of premises liability. With Farmer, Cline & Campbell Personal Injury Lawyers, you will have the support you need as you navigate what to do after being injured on someone else’s property. Contact our team of Morgantown premises liability lawyers or call us today at (304) 225-5990 to schedule a free consultation.
How Farmer, Cline & Campbell Personal Injury Lawyers Can Help With Your Morgantown Premises Liability Case
If you’re injured as a result of an accident on someone else’s property in Morgantown, West Virginia, you have options for hiring a lawyer. Our Morgantown premises liability attorneys have 300+ years of combined experience. They have recovered hundreds of millions of dollars for our clients.
Members of our legal team have received an AV-Preeminent rating from Martindale Hubbell and have been recognized by Super Lawyers, reflecting their solid reputation throughout the West Virginia legal community. They have also been inducted into the Multi-Million Dollar Advocates Forum, a highly selective group of attorneys in the U.S. who have won multi-million dollar verdicts and settlements for their clients.
Farmer, Cline & Campbell Personal Injury Lawyers have the knowledge and the resources to help you at every step along the way. We will:
- Investigate the circumstances of the accident
- Determine the specific hazard(s) or dangerous condition(s) responsible for your accident
- Assess how the property owner was negligent in the maintenance and care of their premises
- Review witness statements, medical records, and other evidentiary documents
- Consult with experts, if appropriate
- Oversee negotiations with insurance companies and other involved parties
- Represent you in court if a settlement cannot be reached
If you’d like an experienced and compassionate guide through this process, call our Morgantown personal injury attorneys to schedule a free consultation today.
What Causes Premises Liability Accidents in Morgantown, WV?
Under premises liability law, property owners and managers must keep their property safe for guests. Because of this legal duty, they can be held responsible if someone who is lawfully on their property is injured due to an injury due to a hazardous condition on their property.
Slip and fall accidents are one of the most common types of premises liability accidents in the U.S. They happen everywhere, from sidewalks to restaurants, grocery stores, and parking garages. Slip and fall accidents often result from surface conditions (e.g., wet floors), poor lighting, or bad weather.
The National Floor Safety Institute reports that slip and fall accidents account for over one million visits to hospital emergency rooms annually. They are also the primary reasons for days lost from work.
Other types of premises liability accidents include dog bites, swimming pool accidents, falling tree accidents, and defective conditions (often related to stairs, elevators, and ceilings).
How Can I Prove My Premises Liability Claim?
You may be entitled to compensation for your injuries if you are injured while lawfully on someone’s property. It depends on whether you can prove the defendant’s negligence or wrongdoing. When we are evaluating a premises liability claim, we ask the following questions:
- Did the property owner know about the dangerous condition? Should they have known about this condition?
- Was there a reasonable opportunity for the property owner to fix the dangerous condition before the injury occurred?
- Did the owner fail to maintain the property to a reasonable standard?
- Was the hazard “open and obvious”? (If it was, that can be a defense to a premises liability claim)
If you can prove all of the elements of negligence, you could be able to recover damages for your injuries.
What Is My Premises Liability Accident Case Worth?
If you can prove negligence or wrongdoing, your compensation will depend on the specifics of your injury. The following will be considered:
- How severe is your injury?
- How much of an impact has it had on your daily life?
- What type of treatment are you receiving?
- How long is your recovery expected to take?
Determining fair compensation can be challenging because you may not know the true “cost” of the accident right away. For example, you may need to make many visits to one or more doctors as part of your treatment. It can also take some time to try different medications and types of therapy or to find appropriate mental health treatment to address trauma.
When you work with us, you can rest assured that we will gather all of the information necessary to make an informed assessment of your claim. Helping you receive fair compensation for your injuries is our priority.
What Kind of Damages Are Available to Morgantown Accident Victims?
Damages are the losses you’ve incurred as a result of your accident. Because so many factors need to be considered when evaluating a personal injury claim, the calculation of damages is often complex. You may be entitled to both economic and non-economic damages if you’ve been hurt in an accident.
Economic damages are tangible financial losses. They include lost wages, medical costs related to the diagnosis and treatment of injuries caused by the accident, and repair costs to any property involved in the accident.
Non-economic damages are intangible losses that cannot be easily measured. They include pain and suffering, emotional distress (which may result from physical injury), and loss of consortium (damages experienced by your spouse or close relative due to the injuries you sustained in the accident).
How Much Does It Cost to Hire a Premises Liability Accident Lawyer?
Hiring Farmer, Cline & Campbell Personal Injury Lawyers does not cost you any money upfront. We know that you have enough to worry about after an accident, but when you hire us, you don’t have to worry about whether you can afford to pay hourly. Our lawyers work on a contingency fee basis, so we receive a percentage of the compensation you will recover if we settle or win the lawsuit on your behalf.
Can I Recover Compensation If I’m Partially at Fault for my Accident in WV?
Yes. Under West Virginia’s modified comparative fault standard, you can still recover compensation if you are partially at fault. The extent of your responsibility, however, will reduce the amount of damages you can receive. For example, if you are found to be 25% at fault for the accident, your compensation will be reduced by 25%.
Under this standard, you cannot recover compensation if you are found to be primarily responsible for your injury. It is important to note, however, that if you are found to be more than 50% at fault, you lose any right to financial recovery.
We can evaluate the facts of your case, determine if comparative fault is at play, and advise you accordingly.
We’ll Fight to Recover Compensation For All Of Your Injuries
The type of injuries suffered in premises liability accidents vary, depending on the hazardous condition that led to the injury. For example, slip and fall accidents can result in minor strains and sprains, as well as more serious injuries to the head, neck, and back. In particular, older adults (age 65+) may be impacted by slip and fall accidents.
Dog bites can also result in various injuries, including bruises, nerve damage, and facial injuries, such as disfigurement and scarring.
No matter what kind of injury you have suffered, getting prompt medical care and contacting a personal injury lawyer is vital after a premises liability accident.
How Long Do I Have to File a Lawsuit After a Premises Liability Accident in West Virginia?
In general, under West Virginia law, you have two years from the date of the accident to file a personal injury lawsuit. In some cases (e.g., a child is injured), you may have more time, but the bottom line is that it’s best not to wait too long. Let us work on your case as soon as possible after your accident so we can build the strongest possible case for you.
Contact Our Morgantown Premises Liability Accident Lawyers For a Free Consultation
It’s not always easy to know what to do after an accident, but you don’t need to go through this challenging time on your own. If you’ve suffered a premises liability accident in Morgantown, WV, Farmer, Cline & Campbell Personal Injury Lawyers can evaluate your situation and help you figure out the next steps. Contact us today for a free, no-obligation consultation with a Morgantown premises liability accident lawyer to learn more about your options.
