If you have been injured physically or psychologically due to the negligence of somebody else, you might be entitled to compensation. A personal injury lawsuit could reimburse you for your medical costs and for any pain and suffering you've endured. To help you understand this type of action, below are answers to some of the most common questions about personal injury law.

4 Questions About Personal Injury Cases

What must you prove to win a claim?

The four elements you must prove in such an action are a duty of care, a breach of this duty, causation, and damages. The first means the defendant had a duty to act in a way that avoids harm. For instance, motorists should drive safely around other drivers and pedestrians, while business owners and homeowners must provide a safe environment for visitors.

The second means they breached this duty by behaving recklessly or carelessly. The third means that the defendant's actions caused the incident, and the fourth means that the event had to result in damage to you.

What should you do after an accident?

Document the scene and your injuries with photographs. Consult a doctor and follow their advice scrupulously. Keep track of your medical bills and other relevant expenses. Also, keep a dated journal of your experiences during this period. Lastly, consult a proven personal injury lawyer.

How long do you have to file a claim?

In West Virginia, the statute of limitations for filing a personal injury claim is two years after the date the injury was—or should have been—discovered. However, for injured minor children, the statute does not expire until two years after their 18th birthday. Because time is of the essence, you shouldn’t delay seeking counsel.

What if you were partially at fault in the accident?

West Virginia is a "modified comparative negligence" state. This means that, if you are less than 50% at fault, you can pursue a claim. Your award will then be diminished by the amount you are deemed to be at fault. For instance, if you are awarded $100,000, but the jury finds you 20% at fault, the defendant must pay you only $80,000.

If you've been injured and require a skilled personal injury lawyer, contact Kratovil Law Office, PLLC in Charles Town, WV. They have served Jefferson County since 1976 and have a deep commitment to the community. In addition, they also specialize in estate law, business law, criminal defense, and bankruptcy. Learn more about the firm at their website or call (304) 728-7718 to make an appointment.