In general, when a person is injured due to the negligence of another person, the injured party can attempt a claim against the party or parties that caused the injuries. You are entitled to compensation for your injuries if it is determined that the defendant was neglectful and that such negligence was the cause of your injuries. Any case of personal injury depends on the liability, damages, and whether you can collect them or not, from the negligent party or parties. Even if you were partially responsible for your injuries, you might be entitled to recover a portion of your damages.
The personal injury law in Virginia seeks to cover all areas and types of injuries suffered by individuals.
West Virginia operates on a “fault” system, which determines liability based on the demonstration that a party was at fault due to its negligence, which caused the accident. Not using reasonable care is the basis of most claims for damages caused in a car accident. In these cases, the guilt test is often challenged and requires a full investigation. A negligent driver is one who drives unsafely, without worrying about the likelihood that driving will cause an accident.
The other driver’s insurance company is the responsible carrier and will pay you, as a victim of the other driver’s negligence, for your pocket damages and pain and suffering. The minimum mandatory liability in West Virginia is $ 20,000 per person and $ 40,000 per accident for personal injury, $ 10,000 for property damage. If the person who caused your injuries has auto liability insurance, an insurance adjuster will gather pertinent records including medical records, medical bills, verification of lost wages and the like, to verify your damages. The insurance company can make an offer to fix the claim. You may find that the offer is acceptable and once you accept it, the claim process will be over. If you file a lawsuit against a negligent driver, your lawyer will be required to prove that the other party did negligent act and therefore he/she caused the damage that may result in the compensation.
If you are in a car accident with an uninsured driver who was at fault, the provisions of your policy on this class of drivers will apply. This coverage will also apply if you are hit by a “hit and run” driver. This insurance acts exactly as if the nation-asgerated driver were. Coverage of insufficiently insured drivers comes into play when the coverage of the other driver’s responsibility comes out. If your injuries exceed the amount of the liability insured by the other driver, your underinsured auto insurance covers the excess of the damages by the current law.
RESPONSIBILITY OF BUILDINGS
If you are damaged in the home of another person or a commercial establishment, the person or entity responsible for the building can be found responsible. This can cover a variety of situations including slip and fall, dog bite, assaults, among others. The person responsible for your damages is the party that has control of the property. That part is responsible for the care, inspection, and maintenance of the property.
It should prevent the visitor from any dangerous condition known or that he should know if those conditions will not be perceived by the visitor and repaired within a reasonable period.