If you or someone you love has suffered an injury in a preventable accident in Charleston, West Virginia, get help from an experienced attorney as soon as possible. Bailey & Glasser, LLP has been representing clients in personal injury cases for many years. Our law firm has been named to both regional and national “Best Law Firms in America” lists. We have what it takes to pursue justice and maximum financial compensation on your behalf. Discuss your specific case in detail with our attorneys during a free consultation in Charleston.
Why Choose Bailey & Glasser, LLP?
- We care about our clients and will treat your case as if it were our own. We have represented individuals and families in personal injury cases in more than 40 states.
- Our team of personal injury attorneys has more than 100 years of combined legal experience. Our case results of over $2 billion achieved for clients speak for themselves.
- Our personal injury lawyers operate on a contingency fee basis, meaning you will only pay us if we secure financial compensation for your case.
Do You Have a Case?
A personal injury claim is a civil case that can be filed by a victim against the person or party at fault for causing the accident. It is a claim to damages, or financial compensation, for the victim’s associated losses, such as medical bills and pain and suffering. In a personal injury claim, the victim or plaintiff has the burden of proof. This means it is the victim’s responsibility to prove that the accused party or defendant is at fault for the injury.
Proving a personal injury claim typically requires evidence of negligence. Negligence is the failure to act with reasonable care, resulting in harm to others. The elements of negligence are a duty of care, breach of duty, causation and damages. Essentially, there must be proof that the defendant had a responsibility to exercise reasonable care, breached or violated this duty, and caused the plaintiff’s injuries.
How We Can Help You
The burden of proof in a personal injury case is a “preponderance of the evidence.” This means enough evidence to establish that the defendant is more likely to have caused the injury than not. You may need a personal injury attorney to help you meet this burden of proof and collect financial compensation from the defendant. A law firm will have the knowledge, experience and resources to navigate the legal process and achieve a successful outcome for your case.
At Bailey & Glasser, LLP, our attorneys will conduct a comprehensive investigation of your case to determine the cause of the accident, identify all responsible parties and gather evidence to support your claim. We will take over communications with insurance companies, who may try to take advantage of you to protect their own profits. We will ensure your rights are protected as we aggressively negotiate for the compensation that you deserve. If a fair settlement cannot be reached, our attorneys can take your case to trial to seek justice on your behalf.
Types of Personal Injury Cases We Accept in Charleston
Our attorneys have been representing individuals and their families in personal injury cases for many years. We handle a wide variety of case types, including:
- Automotive accidents
- Truck accidents
- Catastrophic personal injuries
- Premises liability
- Defective and dangerous products
- Medical malpractice
- Asbestos and mesothelioma claims
- Sexual abuse and harassment
- Wrongful death
After any type of accident or incident that injured you, consult with our lawyers in Charleston to find out if you have grounds for a claim. We will listen to your story and offer our honest advice.
What Are West Virginia’s Personal Injury Laws?
Filing a personal injury claim in Charleston requires you to navigate the state’s related laws. Each state has unique rules and statutes associated with filing a claim. These include filing deadlines, negligence laws and damage caps.
Some of the key West Virginia laws to know are:
- Statute of limitations: there is a two-year deadline to file a personal injury claim. Waiting too long could lead to missing your window and losing the right to seek compensation.
- Comparative fault: if a victim contributed to an accident, he or she can still recover some financial compensation. The amount available will be reduced by the plaintiff’s percentage of fault.
- Damage caps: there is a limit on noneconomic damages (pain and suffering) of $250,000, increased to $500,000 in a case involving catastrophic injury or wrongful death.
In addition, special rules can apply to cases involving a government defendant, injured minors and other unique elements. At Bailey & Glasser, LLP, we understand the nuances of West Virginia law and how to apply them to each case.
What Compensation Is Available?
An accident victim in Charleston can seek financial compensation for both economic and noneconomic damages associated with an injury. This means the monetary side of a serious accident as well as the intangible or personal losses suffered. Understanding all of your compensable losses can help you seek a fair recovery during your personal injury claim.
Financial compensation in a personal injury claim can include:
- Past and future medical bills
- Lost wages
- Lost future capacity to earn
- Property damage
- Out-of-pocket expenses
- Attorney’s fees
- Pain and suffering
- Lost quality of life
- Loss of consortium
In some cases, punitive damages are also available. These are intended to punish a defendant for gross negligence or egregious acts of wrongdoing rather than reimburse a plaintiff. Discuss the potential value of your claim with our attorneys before accepting an insurance settlement. We will inform you if the settlement offer is fair or if the severity of your injuries and losses qualifies you for greater compensation.
Request a Free Personal Injury Case Consultation Today
At Bailey & Glasser, LLP, we understand the physical, emotional and financial toll that a personal injury can take on a victim and his or her family. Our Charleston personal injury attorneys are dedicated to providing high-quality representation to clients to help them rebuild their lives and plan for the future. We treat each client and case with the utmost respect, care and compassion.
Find out how our attorneys can help you during this difficult time. Request a free case consultation by contacting us online or calling our Charleston, West Virginia office at (304) 345-6555. We look forward to hearing from you.