Car crashes, slip and falls, and other accidents can cause serious harm. In some cases, a victim’s injuries can require surgical procedures. Even after the operation is complete, the injured person is often left to deal with long-term emotional and physical consequences. When you have been hurt by someone else’s careless actions, you have a legal right to pursue compensation for expenses such as the cost of surgery. With years of experience helping West Virginia victims, Elkins injury lawyer Dorwin J. Wolfe can guide you through the process of seeking recovery. The Wolfe Law Firm represents clients from Buckhannon, Clarksburg, and Fairmont as well as Morgantown and other areas of the state.Filing a Negligence Lawsuit to Pursue Damages
Depending on the nature of the harm, the surgery that a victim must undergo may range from a minor procedure to a critical emergency operation. While medical bills can quickly add up in the treatment of any injury, the price of surgery can be especially high due to the costs associated with hospitalization, anesthesia, radiology, physician’s bills, and medicine costs. We have handled many cases involving:
- Neck surgery
- Back surgery
- Broken bones
- Internal organs
- Oral surgery
- Orthopedic surgery
- Knee replacements
- Back or neck fusions
- Hip replacements
If your surgery resulted from someone else’s negligence, you have a legal right to file a personal injury lawsuit against the person or entity at fault. Negligence consists of the failure to exercise reasonable care when pursuing a course of action, or acting in the same way that a reasonably prudent person would act in a similar situation. It is an objective test, which means that any distinctive characteristics of the defendant are generally not taken into account.
For an injured person to succeed in a negligence claim, he or she must prove that the defendant owed him or her a duty of reasonable care and that the defendant breached this duty. Other essential elements that a victim needs to show are causation and damages. Causation means that the victim would not have been hurt if the defendant had not behaved carelessly, and that the injuries were a foreseeable result of the defendant’s conduct. Damages must be quantifiable and have flowed from the defendant’s breach.
If you need surgery after a slip and fall on a faulty stair, for example, the property owner who should have maintained those stairs may be liable for your harm. Similarly, if a driver is speeding and strikes a pedestrian who later requires an operation, the driver might be held responsible for the pedestrian’s injuries. In both of these instances, the defendants disregarded their obligation to exercise reasonable care and avoid undue risk of harm to others.
West Virginia law permits a victim to recover costs associated with an accident if he or she can establish the defendant was negligent. Once an injured person succeeds in a negligence claim, he or she can seek reimbursement for the expenses of surgery and other medical treatment, rehabilitation costs, counseling costs, lost wages and benefits, pain and suffering, property damage, and possibly more.Consult an Elkins Lawyer After an Accident
Every year, people are harmed in countless types of accidents throughout West Virginia. When your injuries are caused by the negligence of another person or entity, you deserve compensation. At the Wolfe Law Firm, we are dedicated to learning the facts of your case and helping you obtain justice. Skilled accident attorney Dorwin J. Wolfe has helped clients throughout West Virginia pursue their legal claims. We are here to answer your questions and address your concerns. To learn more, contact us online or call us at 877-637-5756 for a free consultation with an Elkins attorney.