Negligence vs. Intention in West Virginia Personal Injury Cases

bookd.jpgThe vast array of legal terms, classifications, statutes and case law can be overwhelming to many lawyers, let alone the average person. However, when you’ve been the victim of a personal injury, you’re suddenly thrust into a whirlwind of terminology, paperwork and deadlines. That’s exactly why a West Virginia personal injury lawyer is your greatest ally after you’ve been hurt as the result of an auto accident, workplace accident, slip and fall or dog bite.

Intention Vs. Negligence
Personal injury claims are known as “torts,” or civil (private, non-criminal) matters brought into the legal system for resolution. Torts are divided into two broad categories: intentional torts and negligence. Intentional torts are cases that involve the willful act of a person or company to inflict harm (physical, emotional or financial) on another. Assault, battery, false imprisonment and conversion (unlawful taking of property) are some examples of intentional torts.

Negligence cases, on the other hand, are those in which a business or person fails to act in a reasonable manner regarding the safety or wellbeing of others around them. The vast majority of personal injury suits rely on proving negligence to collect damages, such as in cases regarding auto accidents, slip and falls, product defects, wrongful death, spinal cord injuries, medical malpractice and traumatic brain injuries.

Even when something is an “accident,” at least one party is usually negligent in some way. If you’ve been hurt, it pays to retain a lawyer who can help you recover damages for your injuries. Even if you think you’re fine now, you may experience effects of an injury months, even years later.