Personal Injury & Wrongful Death Claims

In either West Virginia or Maryland, personal injury (PI) cases can come in different forms. The most common categories in PI cases are:

  1. Wrongful death: a civil action concerning the death of family member spouse or parent;
  2. Automobile accidents resulting in serious injury; or
  3. Premises liability where an individual falls or is otherwise injured by a defect in the property of the defendant.

We practice primarily in two states and the law in Maryland and West Virginia are probably as far apart (different) as any neighboring states in the country. Maybe surprisingly, WV is governed by the more common modern day view of comparative negligence, and Maryland (often thought of as a progressive state) is one of the few remaining (old model) pure contributory negligence states. This can have a drastic impact on how your case may be treated in each of the two states.

We will be happy to explain the law as it relates to your particular case when you schedule an appointment.

In personal injury cases, medical bills, lost wages and other expenses can cause financial hardship. We will track your expenses, talk and coordinate your insurance coverages and communicate with all creditors in your case if needed.

These coverages can be confusing in that they also differ from state to state in how they operate or coordinate. There are rights of subrogation, offsets, credits and other insurance issues that our office will handle for you and explain to you. Medical issues can also be very complicated and we will assess your claim and our recommendation at your initial consultation.

If you need to file a lawsuit, there are limitations of actions in both Maryland (generally 3 years) and West Virginia (generally 2 years). Again, this is not intended to be advice or solution for your particular case. Please call us for a free initial consultation.

Litigation can be expensive and lengthy. The discovery process and trial itself can sometimes result in unexpected events both good or bad. Obviously, litigation may not be the solution for every case, call my office and let me discuss my thoughts with you about your particular case and facts.

Costs in all cases, of course, cannot be avoided and need to be expended for an effective result. There are costs for medical records, evaluations by doctors for evidence among other costs but we try to keep them to a minimum as we generally advance costs in all cases we take.

Attorney fees are contingent in personal injury cases. This allows someone to hire a lawyer without paying money up front and also makes the attorney fee contingent upon the result. Our fees here begin at 25% and can go up to 33.3% (1/3) if and when suit is filed due to the extra work with court filings, discovery and other activity required by filing suit. I will never hesitate to file suit if that’s what it takes to get the right result for your case. I will go over your case and arrive at a well reasoned game plan for your case with you.

I have been handling and litigating personal injury and wrongful death cases for over 20 years in both West Virginia and Maryland. I can help get you the most out of your Maryland or West Virginia personal injury or wrongful death claim. Feel free to call the office and schedule an appointment. Remember, there is no fee for an initial consultation. I am confident my experience will benefit you. I look forward to meeting you.