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Injury Victims


How Do I File a Personal Injury Claim in West Virginia?

Published on Apr 4, 2018 at 12:54 pm in Personal Injury.

When you’re hurt in an accident because of someone else’s negligence, you can file a personal injury claim. You’ll hold the negligent person responsible for their actions and you may be able to get compensation for what you’ve had to experience. In these situations, a lawyer can help you get back on your feet.

A West Virginia personal injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC will stand up for your rights and get you the compensation you need. We’ve proudly served West Virginia citizens and will help fight for those who can’t fight for themselves.

What Do I Need for a Personal Injury Claim?

You need as much evidence as possible to back up your claim. Having the following will strengthen your claim.

  • Determined Fault. Your lawyer will look at your case and use their resources to determine who was at fault for the accident. They can call on expert witnesses to help prove fault or negligence.
  • Medical Evidence. Get copies of your medical records for your injuries, hospital visits, medication, and procedures you needed because of the accident.
  • Eyewitnesses. If you were in a car accident, for example, eyewitnesses who saw the person cause the accident will back up your claim.

Time is a factor to consider with a personal injury claim. There is a statute of limitations, meaning that you have a fixed window in which to file your claim. West Virginia’s statute of limitations on personal injury and property damage is 2 years, beginning on the day of the accident.

How Do I Find the Right Personal Injury Lawyer?

You should give yourself time and options when seeking a personal injury lawyer. Going with the first one you meet could land you with a lawyer who isn’t up to the task of representing you and fighting for your best interest. When meeting with possible lawyers, ask them questions to get a feel for what they’re like and the type of cases they handle.

  • Experience. Ask about how long they’ve been practicing law and their success rate.
  • Testimonials. You can research reviews from past clients and see their feedback from working with this lawyer.
  • Personal Injury Focus. Look for a lawyer who mainly handles personal injury cases and has done cases like yours before.
  • Polite and Attentive. When you’re speaking with a lawyer, take note if they’re giving you their full attention and are answering your questions. Lawyers who don’t give you undivided attention or seem rude won’t be the best choice for you.

What Can I Recover with My Claim?

When you find the right lawyer, you can proceed with your personal injury claim. You’ll probably wonder what results you can expect.

  • Loss of Earnings. Injuries can usually keep people from working, but your settlement could cover pay for work that you have to miss.
  • Medical Expenses. Past visits to the doctor, prescriptions, and any future procedures you may need that were because of the accident could be covered.
  • Pain and Suffering. Injuries may cause pain, discomfort, and make your everyday life difficult.
  • Property Damages. If you were in a car accident, you could get compensation to fix your car.
  • Punitive Damages. These are financial penalties meant to punish the person responsible for your injuries.

Your actions could possibly jeopardize your claim. Insurance adjusters may call you and try to get a statement and to settle the matter quickly. They can use your statement against you and a quick settlement doesn’t necessarily mean the best outcome for you. Another rule to follow is to not discuss your claim on social media. Don’t post on Facebook, don’t tweet, don’t publicly discuss it with anyone. Your words can be used against you. If you post about your accident, the other side could say if you’re willing to talk about it on Facebook, it wasn’t that traumatic.

Your personal injury lawyer will help guide you throughout the claim process and tell you about who you shouldn’t talk to or what to say when discussing your accident. They’ll be at your side the whole time and will work to get you fair compensation so you can focus on recovery.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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