While there’s no way to travel back in time to prevent an accident, there are steps you can take to securely move forward into the future. If you’ve been injured as a result of someone else’s negligence, you have the legal right to take action with the help of a Wheeling personal injury lawyer.
When you work with DiPiero Simmons McGinley & Bastress, PLLC, we’ll fight for your right to compensation for your accident-related losses. We understand the struggles of moving forward when you’re coping with injuries and dealing with financial stress. That’s why we’ll help you understand every step of filing a personal injury claim.
Personal Injury Claim Filing Process
If you’ve been injured in an accident and are thinking about filing a claim, the process can seem overwhelming and confusing. Fortunately, there is a logical and predictable process to follow, which involves hiring an attorney, learning about the laws that apply to your claim, building a strong case, sending a demand letter, and negotiating with the insurance company.
Having a basic understanding of the filing process will benefit you by giving you an idea of what’s to come. This allows you to plan ahead, which is especially useful when you’re focused on recovering from your injuries.
- Hiring a Lawyer. The first thing you need to do after being injured is to hire a personal injury lawyer. While hiring a lawyer is not a legal requirement to file a claim, doing so will increase your chances of maximizing the compensation you receive. When you work with us, we’ll start with a free consultation to evaluate your situation and discuss the merits of your case. If we believe you have a valid case, we’ll begin the process of building your claim.
- Building a Claim. There are a number of crucial elements involved in building a strong claim. We’ll start with an investigation. We may visit the scene of the accident, take photographs, collect police reports and medical records, and speak to witnesses. All the information is compiled to create a claim that proves you were wronged and deserve compensation. During this step, your lawyer will explain the state or federal laws that could impact your claim, so you have an idea of what you’re up against.
- Sending a Demand Letter. Once your lawyer has helped you compile the necessary information and evidence, you can send a demand letter. This is typically the central focus of any personal injury claim. It lays out the argument as to why damages are owed. The letter includes why the other party is responsible, a summary of the injuries, the medical treatments and their associated costs, information on lost wages, and other damages like pain and suffering.
- Negotiating. The insurance company will review the demand letter and make a determination. They may deny claims they believe are the injured’s fault or lack evidence. If the claim isn’t denied, a settlement offer will be made. It’s typically a good idea to decline the first offer, as it may be lower than what you deserve. Your attorney will focus on ensuring you receive a full and fair settlement offer.
The majority of personal injury claims reach a settlement prior to trial. Typically, the plaintiff will agree to drop the lawsuit in exchange for compensation. If a settlement cannot be reached, the case can proceed to trial. The court will hear from both sides and a judge or jury will make the final determination. Trials are typically avoided with personal injury cases because they can be expensive and time-consuming. That’s why we’ll fight to have your matter settled through negotiations and mediation.
It’s important to note that with all claims, your filing time is limited under the statute of limitations. Your lawyer will be able to explain how long you have to file a claim. If you neglect to do so before the deadline, you’ll forfeit your right to take action and seek compensation.
Cases We Handle
The type of accident you were in dictates the type of claim you file. Certain cases are more complex than others for a number of reasons, including the severity of injuries and the laws surrounding the case. We handle a multitude of personal injury cases, so we have extensive experience no matter what type of case you have. Some of the cases we take on involve automobile accidents and wrongful death.
Car accidents are an everyday occurrence in Wheeling. While minor accidents may only result in bumps, bruises, and property damage, major crashes can result in devastating injuries. Truck accidents can be even more catastrophic, as many accidents are fatal. Fatalities also happen with motorcycle wrecks.
Other types of cases we commonly help clients with in Wheeling, WV include dog bite cases, medical malpractice claims, and slip and fall accidents.
If you’ve lost a loved one in any type of accident, automobile-related or otherwise, your family may be able to file a wrongful death claim on their behalf to secure your future and hold the negligent party accountable for their actions.
The City of Wheeling
Wheeling, West Virginia is a bustling city. From fairs and festivals to nationally superior schools, civic groups, and a rich history, residents and visitors alike are always able to find something to do. While we reside in Charleston, our law firm is proud to represent the residents of Wheeling.
Wheeling was founded by Colonel Ebenezer Zane in 1769. While the city remained quiet for decades, things picked up in the 1880s when trading along the Ohio River made its way to Wheeling. The National Road, the nation’s first roadway, reached the city in 1818, which also made Wheeling a popular frontier town. Prior to Charleston being our state capital, Wheeling was the capital from 1863 to 1870. In 1875, the seat of the government was transferred back, only to be moved back to Charleston in 1885.
At the end of the 19th century, iron and steel mills developed on the banks of the Ohio River. Glassworks and cigar factories also thrived. Wheeling became known as the nail capital of the world when the manufacture of cut iron nails became a major element of the economy.
Experienced Legal Representation
If you need an experienced legal representative to help you navigate your claim, our Wheeling personal injury lawyers are here for you. DiPiero Simmons McGinley & Bastress, PLLC help our clients get the full amount they’re owed for injuries. We’ll be sure to consider both your economic and noneconomic losses, which could include medical expenses, lost wages, property damage, pain and suffering, and more.
We recognize the challenges of working with insurance companies. We won’t let them bully you into a small settlement. We’re skilled negotiators and will fight to get our client what they deserve. To begin working on your case, contact us today.
