Logan County, WV Personal Injury Lawyer

To prove a breach of duty, the plaintiff must demonstrate that the defendant failed to meet the expected standard of care. This involves showing that the defendant’s actions or lack thereof fell below what a reasonable person would have done in a similar situation. This can be determined by considering factors such as industry standards, professional guidelines, and common sense.

For example, in a car accident case, a breach of duty may occur if a driver fails to stop at a red light or drives recklessly, or drives too fast for conditions.

Breach of duty is often one of the most strongly contested areas of a personal injury case. Kuenzel Law, PLLC understands how to investigate these cases and build the evidence you need to establish that a breach occurred. 

Causation

Once a breach of duty has been established, it is essential to show that the defendant’s actions or negligence directly caused the plaintiff’s injuries. There are two components to causation: cause-in-fact and proximate cause.

Cause-in-fact involves determining whether the injury would not have occurred if the defendant had not breached their duty. In other words, the plaintiff must demonstrate that “but for” the defendant’s actions or negligence, the harm would not have happened. This can sometimes be straightforward, such as proving that a car accident would not have occurred if the defendant had followed traffic laws.

Proximate cause, on the other hand, involves assessing the legal and foreseeable connection between the defendant’s actions and the plaintiff’s injuries. It examines whether it was reasonably foreseeable that the defendant’s breach of duty would result in the specific harm suffered by the plaintiff. For instance, in a slip and fall case, the defendant’s failure to fix a broken staircase may be the cause-in-fact of the plaintiff’s injuries.

Our Logan County personal injury attorney can assess the specific facts of the case, gather evidence, and help present a compelling argument demonstrating both breach of duty and causation.

Call Kuenzel Law, PLLC today at (304) 427-5706.

The Types of Damages You Can Receive

The final step of the personal injury process is the collection of damages. Injuries are often more complex and far-reaching than they may initially appear. Beyond your physical wounds, you might find yourself grappling with a multitude of challenges stemming from your accident. 

Here are just a few of the factors that must be considered in calculating damages: 

• Medical bills: This includes hospital bills, doctor consultations, surgeries, medications, rehabilitation, and any other necessary medical treatments. 
• Lost wages: The income lost from missed time at work is a starting point. There is also the future income that the injured person would have earned had the accident not occurred. 
• Pain and suffering: Factors such as the severity of the injuries, the duration of the pain, and the impact on the person’s daily life are taken into account when determining the compensation to be awarded.
• Therapy and emotional support: These damages cover the costs of psychological treatment, therapy sessions, and support groups aimed at assisting the injured party in their recovery process.
• Loss of enjoyment: What happens when an injury significantly impacts an individual’s ability to engage in activities they once enjoyed? This type of compensation seeks to acknowledge the diminished quality of life experienced due to the accident.

At Kuenzel Law, PLLC, we take pride in our thorough work in considering all possible damages and in our ability to negotiate a fair settlement.