Practice Areas

Accident Attorney Knowledgeably Serving Elkins Residents

Unexpected and preventable accidents may change a victim’s life forever, resulting in serious injuries and substantial costs. Unfortunately, insurance companies are often more focused on protecting their profits than honoring their obligation to pay valid claims. It is important to enlist an experienced Elkins accident lawyer to protect your rights. At the Wolfe Law Firm, Dorwin J. Wolfe can assist people who need a car accident attorney or guidance with claims based on premises liability, product liability, or workplace accidents, among other personal injury cases. He also is available to represent West Virginia residents in fighting criminal charges or filing for bankruptcy.

Traffic Accidents

Motor vehicle collisions are a common occurrence on West Virginia roads. In many cases, they are the result of someone’s negligence. To establish negligence, you will need to prove by a preponderance of the evidence that the defendant owed you a duty of care, the defendant breached that duty, the breach caused the accident, and you suffered actual damages. Compensation that may be available to successful plaintiffs often includes reimbursement for medical bills, lost income, and property damage, as well as non-economic damages like pain and suffering.

Premises Liability

In West Virginia, property owners must use reasonable care to keep their premises safe for visitors. Owners are expected to inspect their properties to determine whether there are dangerous conditions and either repair those conditions or post warnings. In order to recover compensation for injuries arising out of a dangerous condition, you will need to prove that the defendant owner or occupier knew or should have known about the dangerous condition that resulted in your injuries. Product Liability

Consumers do not expect to be hurt when they use household appliances, pharmaceuticals, cars, toys, and other products. Unfortunately, some products are dangerously defective and may cause serious accidents. In West Virginia, you can potentially recover damages in a product liability action if you can establish that a design defect, a structural defect, or a marketing defect caused your injuries. West Virginia manufacturers are expected to behave in a reasonably prudent manner when making products, taking into account current manufacturing processes, designs available at the time of manufacturing, and the costs of warnings. You must file a product liability lawsuit within two years of the date on which you were injured.

Personal Injury

We also handle a wide range of other personal injury actions, including those arising from medical malpractice or sexual abuse, as well as claims based on insurance bad faith. Each of these lawsuits requires proof of different elements. In a medical malpractice lawsuit, for example, you will need an expert to testify on the standard of care that the defendant health care provider was required to meet but failed to meet. Medical experts must be engaged in the same or a substantially similar medical field as the defendant.

Serious Injuries and Wrongful Death

Some accidents give rise to particularly serious injuries, such as spinal cord damage or brain trauma, and the most tragic situations involve an avoidable death. The personal representative of the decedent’s estate may file a wrongful death lawsuit if the death was the fault of someone else. Under West Virginia Code § 55-7-6, damages may be distributed to a surviving spouse, children, siblings, parents, and anyone who was financially dependent on the decedent at the time of his or her death or who would otherwise be equitably entitled to join in the distribution.

Workplace Injury

In most situations, employers are immune from personal injury lawsuits brought by employees who are injured on the job. Injured workers must usually file a claim for workers' compensation benefits. However, West Virginia Code § 23-4-2 provides that an employer loses this immunity if an employer or coworker acts with a deliberate intention to harm a worker. A five-factor test must be met to establish a deliberate intention claim. An injured worker needs to prove that:

  • There was an unsafe working condition that posed a high degree of risk and a strong probability of death or serious injury;

  • The employer actually knew about the unsafe working condition and the associated high risk and strong probability of serious injury or death;

  • The unsafe working condition violated state or federal laws or rules, or an accepted, well-known safety standard;

  • The employer or other party that had actual knowledge intentionally exposed the employee to the condition; and

  • The employee suffered a serious injury or death as a direct, foreseeable result of the unsafe working condition.

Criminal Defense

We represent defendants fighting state and federal charges, both at trial and during the appeals process. Our firm provides aggressive representation to people charged with DUI, drug crimes, weapons offenses, fraud, white collar crimes, Medicare/Medicaid offenses, and property crimes. Harsh penalties may be imposed on people who are convicted of federal crimes, particularly drug crimes. Most federal drug crimes charges come with mandatory minimum sentences of imprisonment and significant fines. These consequences make it essential to enlist an attorney early in the process if you have been arrested or find out that you are under suspicion of committing a crime. Bankruptcy

We handle consumer bankruptcies under Chapter 7 and Chapter 13. In order to file for Chapter 7 bankruptcy, you must meet what is called the "means test." This test is designed to figure out who truly cannot repay their debts and needs the fresh start provided by Chapter 7. If you have sufficient income according to the means test, you may be eligible to file for Chapter 13 bankruptcy. This type of bankruptcy requires you to repay most of your debts on a monthly basis over three to five years.

Consult an Experienced Accident Lawyer in Elkins

The Wolfe Law Firm provides knowledgeable and tenacious representation to people who need an Elkins accident attorney or representation in criminal defense or bankruptcy matters. We represent people in Elkins, Morgantown, Clarksburg, Bridgeport, and other communities throughout Randolph, Mineral, Harrison, Barbour, Braxton, Grant, Hampshire, Lewis, Marion, Pendleton, Pocahontas, Preston, Taylor, and Tucker Counties. Contact us at 877-637-5756 or via our online form to set up a free initial consultation with a criminal defense lawyer or seek assistance with an accident claim or bankruptcy filing.