It depends on the type of case. Personal injury, wrongful death, and most civil rights matters are handled on a contingency fee basis, which means you pay no attorney fees unless we recover for you, and the initial consultation is always free. Criminal defense and family law matters are typically handled hourly or on a flat fee, and we will discuss those rates plainly at the free consultation before any agreement is signed. There are no hidden costs, and every fee arrangement is documented in a written engagement letter so you know exactly what you are agreeing to.
Seek medical attention first, even if you think your injuries are minor, because some of the most serious conditions are not obvious in the first hours. Do not give a recorded statement to any insurance company before speaking with a lawyer, including your own carrier in many situations, because those statements are routinely used to limit or deny recovery. Preserve everything you can: photographs of the scene and injuries, contact information for witnesses, copies of medical records and bills, and any correspondence with insurers. The most common and most damaging mistake people make is waiting too long to call a lawyer, because evidence disappears and deadlines run.
Most personal injury and wrongful death claims must be filed within two years of the injury or death under West Virginia Code Section 55-2-12 and the wrongful death statute. Federal civil rights claims under 42 U.S.C. Section 1983 also generally carry a two-year statute of limitations in West Virginia. Federal employment discrimination claims under Title VII, the ADA, and the ADEA require a charge with the EEOC within 300 days of the discriminatory act in West Virginia, well before any lawsuit can be filed. These deadlines are firm, and missing them almost always bars the claim entirely no matter how strong the underlying facts may be.
Most cases settle, and that is true across personal injury, employment, civil rights, and family law. The settlement number, however, is tied directly to whether the other side believes you will actually go to court if they refuse to pay fair value. We prepare every case as if it will be tried, with witnesses, exhibits, themes, and trial graphics ready, because that preparation is what produces the best results regardless of how the case ultimately ends. If your case is one of the ones that does require trial, the same lawyers who started the file will be the ones presenting it to a jury.
A settlement is a negotiated resolution where both sides agree on a number and the case closes, usually with a release of claims and sometimes confidentiality terms. A trial verdict is what a jury or a judge decides after a trial on the merits, which can be larger than the best settlement offer or smaller, including the possibility of zero. Settlements are more certain and faster; verdicts can be larger but carry real risk and take longer because of motions and the possibility of appeal. Our job is to make sure that whichever path your case takes, the outcome reflects the full value of what happened to you and not the discounted version an insurer wants you to accept.
Yes. West Virginia follows a modified comparative fault rule, which means you can still recover damages as long as you were less than 51 percent at fault for the incident. Your recovery is reduced by your percentage of fault, so a finding that you were 20 percent responsible reduces a $100,000 verdict to $80,000. Insurance companies routinely try to exaggerate the injured person's share of fault as a tactic to drive down value or deny the claim entirely. Experienced trial counsel knows how to investigate fault thoroughly and counter that argument with evidence rather than letting it stand unchallenged.
There are two main categories. Economic damages cover the financial losses that can be calculated with some precision: past and future medical bills, lost wages, reduced earning capacity, property damage, and out-of-pocket expenses. Non-economic damages cover the human harm that does not come with a receipt: pain and suffering, emotional distress, loss of enjoyment of life, scarring, and loss of consortium for spouses. In cases involving reckless or intentional conduct, punitive damages may also be available to punish the wrongdoer and deter similar conduct. We document every category from day one so that nothing is left on the table when the case is valued.
Do not speak to law enforcement, prosecutors, or anyone else about the case without an attorney present, even if you are convinced your story will clear things up. Politely decline to answer questions and ask for a lawyer; that request is a constitutional right and cannot be used against you at trial. Call us immediately so we can intervene before statements are made, searches are consented to, or bond hearings happen without representation. Innocence does not defend itself in the legal system; it has to be proven through aggressive, prepared legal work that begins on day one.
A civil rights violation generally occurs when a government official, acting in their official capacity, deprives you of a right protected by the United States Constitution. Common examples include excessive force by police, wrongful arrest without probable cause, unlawful searches of your home or vehicle, fabrication of evidence, and retaliation for protected speech such as recording officers or attending public meetings. These cases are procedurally complex because of qualified immunity and the evolving Fourth Circuit case law, which is one reason most law firms refuse to take them. We do take them, and we have the experience to evaluate honestly whether your facts will support a viable Section 1983 claim.
Retaliation against an employee for reporting discrimination, harassment, or other unlawful conduct is itself a violation of federal and West Virginia law, and these retaliation claims are often as strong as or stronger than the underlying complaint. The timeline alone, where a long-tenured employee is suddenly terminated weeks after raising a concern, is something juries understand. To preserve a federal claim, you typically need to file a charge with the EEOC within 300 days of the retaliatory act in West Virginia, and some related state claims have their own deadlines. Time is critical, so document everything in real time and contact us as soon as possible.
Under West Virginia law, a wrongful death claim is brought by the personal representative of the decedent's estate on behalf of the surviving statutory beneficiaries, which typically include the spouse, children, and certain financially dependent relatives. Recoverable damages include the sorrow and mental anguish of survivors, lost income and services the decedent would have provided, medical and funeral expenses, and the loss of guidance, care, and companionship. The general statute of limitations is two years from the date of death, with shorter notice requirements for claims against government entities. We help families with the probate appointment if a personal representative has not yet been named, and we handle the entire matter on a contingency fee basis with no fee unless we recover.
Anything that helps tell the story is useful: medical records and bills, police reports and incident reports, photographs of the scene and injuries, correspondence with insurance carriers or your employer, pay stubs showing lost income, and any contracts, handbooks, or charging documents that may apply. Names and contact information for witnesses are particularly valuable because witnesses can be hard to locate later. If you have nothing yet, come anyway, because the consultation is free and confidential and we can begin gathering what we need together. The most important thing you can bring is an honest account of what happened.