2023 Personal Injury Claim Checklist

personal injury claims

Going into 2023, recovering from an injury was not a resolution of yours.

Someone else’s negligence should not ruin your plans, and it is reasonable for you to want to recover fair compensation for emotional trauma from a severe accident. However, to substantiate a claim for economic and non-economic damages to an insurance company or Court, you will need to prove your case—no matter how cut and dry it may seem. Everyone wants to hear that they have a personal injury case worth millions, but there are steps that personal injury attorneys must check off first. Strong personal injury claims start with a preliminary evaluation of the case to see if it is worth pursuing. Before speaking to a West Virginia personal injury accident lawyer at Miley Legal, look at our 2023 Personal Injury Claim Checklist.

Make Sure You Are Within the West Virginia Time Limitations

Before anything else, you must ensure you are within the time limit. If you inform us of the matter outside the prescribed time frame, there is little even the best WV personal injury lawyer can do for you. Generally, the time limit within which a personal injury claims suit or a product liability suit for defective products is two years counting from the date that the accident causing the injury took place. The right attorney will inform you whether you still have time to bring a claim.

Schedule a free case review with the Miley Legal firm, and let’s discuss timelines.

Documents for Personal Injury Claims

No comprehensive list can beat having an experienced personal injury attorney on your side. But before you come to Miley Legal, you should have an idea of the process.

Accident Report

Hopefully, you reported the accident to the police. While you might not be able to get information out of the other parties involved in the accident, the police probably can. Having this impartial information ready is helpful if you go to trial.

Proof of Insurance Coverage

Before we escalate the matter to Court, negotiation with the insurance company for the at-fault party is the first step. Some insurance companies require that you notify them after an accident, in any event. Show us all correspondence. If you are the at-fault party, you might battle against an entity you thought was on your side.

Medical Records

Seeking medical attention after an accident is very important. You can claim that the accident caused injuries, but without medical records dated soon after the event, you cannot expect the insurance company to provide compensation. You may need numerous hospital visits; a written record of each one is advised.

Proof of Medical Expenses

Your medical bills will likely continue, especially if the injury is severe. Costs for this medical attention should be covered in your settlement. However, expect some pushback as insurance companies may want you to see a doctor pre-approved by them.

Proof of Property Damage

You can claim for property damage which was the direct result of the accident. A typical example is damage to your car. Be wary that if you have already sourced a mechanic for repairs, the at-fault party’s insurance company may dispute the total costs.

Proof of Income

You can claim lost and future lost wages if adequate proof of income is presented. Like medical bills, this payout falls under economic damages, which require strict proof for compensation to be paid out. If you do not have the average 9-5 job, speak to your injury lawyer about the best way to maximize compensation.

Photographs of the Scene

Pictures will help determine who was truly at fault in accidents. Proximity to lane boundaries, defective products, or unattended spillages is better illustrated when timely photos are shown to us.

West Virginia Personal Injury Lawyers 

We can help you put together a solid personal injury lawsuit. You should not be suffering loss and worried about fighting an insurance company. Leave the battle to a WV personal injury law firm with experience. Personal injury claims, wrongful death suits, and medical malpractice actions are within our arsenal of skills. Schedule a free case review with us to discuss your legal options.

FAQ: Personal Injury Claims

Am I entitled to punitive damages?
Punitive damages aren’t awarded to just anyone who has been injured in an accident. Instead, punitive damages aim to punish the person who caused the injury because the actions were so egregious. The aim of damages is not compensatory but penal. Ask your West Virginia personal injury attorney if these damages are an option for you.

Which insurance company pays for my injuries?
The insurance company for the at-fault party should foot the bill for your injuries. However, it is sometimes difficult to receive maximum compensation when there are liability issues in the claims process. Contact a West Virginia law firm specializing in personal injury law to negotiate with an insurance company on your behalf.

When should I claim for pain and suffering in a personal injury claim?
Your claim should include pain and suffering when you have experienced the loss of enjoyment of life, loss of relationships, disfigurement, insomnia, or depression, to name a few. “Pain and suffering” is not easily quantifiable. Speaking to a West Virginia personal injury attorney about your prospects is best.