An accident is any unplanned, unexpected, and undesirable event.
There are plenty of accidents you might take full responsibility for. Typically, these happen around the house when you accidentally stub your toe or spill a drink. Hopefully, you will learn from whatever accident occurs to prevent it from happening again.
In the world outside your home, you might not be so fortunate. You can get involved in accidents caused by someone else’s negligence. When that happens, hiring a personal injury attorney early can make the difference between receiving compensation for your losses and having all your savings wiped out.
The Importance of Immediate Evidence Preservation
In the aftermath of a car accident, there will be three versions of what happened: Your side, the other driver’s side, and the truth. The hope is that your side will land on the truth.
That can only happen if you have evidence that supports your version of the accident.
The evidence that you can directly provide would be all the photos you took at the accident scene, including the damage to your car. You can also provide copies of your medical records that can establish the extent of your injuries.
However, there is a lot more evidence that needs to be gathered as quickly as possible before it vanishes.
An experienced Charleston car accident attorney can quickly access any available traffic camera footage. There could also be footage from surrounding security cameras that captured the accident. That requires contacting the property owner to obtain a copy of the footage.
It’s not uncommon for this type of footage to be deleted after a few weeks, or sooner, unless it is downloaded and preserved.
A skilled personal injury attorney can also collect evidence from the other driver, such as their DMV records and cell phone data, which could establish they were distracted while driving.
The support that a personal injury attorney can provide in collecting evidence applies to any injury-causing accident, such as a slip and fall at a store or commercial property. Without such evidence, you might not be able to recover out-of-pocket expenses.
Avoiding Costly Mistakes with Insurance Adjusters
The moment you file an insurance claim, the adjuster assigned to your case is going to work hard to minimize your injuries and what the insurance would be liable to pay out.
This makes them an adversary, but you have to appreciate that they’re only doing their job. The job of your personal injury attorney is to prevent that from happening. If you don’t have an advocate fighting for what you’re entitled to, you could end up making some of these costly mistakes:
Giving a Recorded Statement
An adjuster will reach out with a friendly attitude to ask you what happened. They’ll also want to record your statement. That can cost you because whatever you say can be twisted and used against you.
Apologizing
Your attorney will advise you never to apologize. It is understandable to be empathetic with the other driver, but saying “you’re sorry” that they got hurt can imply that it was your fault.
It is better not to say anything.
Accepting a Fast Settlement Offer
In an effort to close the claim, the adjuster might offer you a fast settlement. That could be a lump sum amount that seems impressive until you consider the full scope of your injuries and pain and suffering. A skilled attorney will help you calculate all your losses and will fight hard for you to get the maximum benefits.
Using Social Media
One of the first things your personal injury attorney will tell you is to stay off social media for the duration of the claims process. If your posts are public, an insurance adjuster can access them and use them against you.
Meeting West Virginia Statutes of Limitations
Another important benefit of hiring a personal injury attorney early on is that they will ensure that you meet all your filing requirements. That includes meeting the West Virginia statutes of limitations. If you file outside the statute of limitations, your case will be dismissed.
Here are the statutes your attorney can brief you on:
- Personal Injury & Negligence: Two years from the injury date.
- Property Damage: Two years.
- Wrongful Death: Two years from the date of death.
- Medical Malpractice: Generally, two years, with specific discovery rules.
- Contract Disputes (Written): Generally, 10 years for contracts.
- Oral Contracts: Five years.
- Consumer Protection: Four years under the WV Consumer Credit and Protection Act.
The Benefit of Peace of Mind During Recovery
An insurance company makes it easy to file a claim online. That might work for a minor fender bender that only requires a quick fix to the bumper. An accident involving an injury is going to be a more complex claim. This is the moment you need to speak to a lawyer.
The Charleston personal injury attorneys you’ll find at DiPiero Simmons McGinley & Bastress, PLLC can help with all aspects of a personal injury claim from the initial filing, through settlement negotiations, and onto a civil lawsuit if necessary. We have helped many clients secure compensation they thought was out of reach. It is vital that you calculate all your damages.
We can help you assess a fair amount for your pain and suffering due to the injuries. That should not go overlooked.
You don’t have to wait for the final medical bill or to make a complete recovery. If you’ve been involved in an accident caused by another person’s negligence, we want to hear from you today. Call to set up a free case review. Let’s talk about your options.
