Buckhannon, WV Personal Injury Lawyer

Taking specific steps following a personal injury can lead to a more beneficial outcome. Calling 911 should be the first thing anyone does after an accident. It alerts first responders, who will create a detailed accident report. Victims should receive medical care as quickly as possible following an accident, even if they don’t feel any pain. Adrenaline can mask pain following an incident, only for a serious injury to rear its ugly head in the future, long after the window for careful documentation has closed.

What Evidence Should I Gather While on the Scene?

Gathering evidence may not be the first thing that comes to mind following a personal injury. However, it is an important step. Victims should get pictures of the scene and their injuries.  Witnesses should be identified quickly as well, as they may be able to support your claim. If someone is with you, ask them to assist you in gathering evidence from the scene.

Keep any correspondence and documentation you receive after the accident, including medical and legal correspondence. All of this information will help your attorney review and assess your claim’s value and potential strategies. 

Assessing Your Situation Following an Accident

After the dust settles, assessing your situation will allow you to focus and consider your options. Can you go back to work right away?  Are you not sure if you will ever be able to work again? Understanding your new reality may be tough to think about, but it’s a necessary step. Speak to medical professionals to understand your recovery timeline and avoid making your injuries worse than they already are.

It’s always a good idea to consult with a local attorney in Buckhannon, WV, as soon as feasible following an accident.  They can use the negative impact your accident has had on your life to your advantage by using it as leverage to seek higher damages.

How to Prove Liability in a Personal Injury Case

One significant challenge associated with personal injury claims is determining who is at fault for the accident.  Personal injury victims must choose negligence. Simply put, they must show that another person or entity was careless and that lack of care caused their injuries.  And yes, more than one person, including you, can be at fault. In West Virginia, being partially at fault is not a bar to recovery as long as you are no more than 50% responsible for the injury.

Your lawyer will evaluate the police and accident reports, review physical evidence, and interview witnesses. Through the discovery process, they will exchange documents with the opposing party and conduct depositions to clearly understand how the injury occurred.  

What is Modified Comparative Fault? 

West Virginia uses modified comparative fault to determine whether a person involved in a personal injury accident can recover damages for their injuries. Individuals who are more than 50% at fault for the accident are barred from recovering any damages at all. Contrast this with ordinary comparative fault states, where accident victims can recover for their injuries even if they were the party with the majority of fault.

Defendants and their attorneys will work hard to show that accident victims bear the majority of fault for their injuries. You need a team of zealous advocates when pursuing your claim. The team at Miley Legal understands how to minimize the fault attributed to accident victims and will fight relentlessly to protect their right to legal compensation.

What to Expect During a Personal Injury Lawsuit

Once the lawsuit is filed, your attorney will handle most of the work involved with your personal injury claim. Prior to initiating a lawsuit, your legal team will try to negotiate with the defendants to reach a fair settlement.   According to WV Rules of Professional Conduct, your attorney must bring you all settlement offers and let you decide if you want to accept them. However, you should listen to your attorney’s professional advice regarding whether a settlement offer is a low-ball or fair.

Contact A Buckhannon, WV Personal Injury Lawyer Today

We’ve helped countless victims in West Virginia with situations like:

• Motorcycle accidents
• Truck accidents
• Wrongful death
• Medical malpractice
• Burn injuries
• Dog bites
• And more

This legal process can be full of mountains that feel insurmountable. Accident victims experience tremendous pain, suffering, and stress and may find it impossible to handle the legal process while trying to recover from their injuries. Instead of taking matters into your own hands, trust a legal team that knows the ins and outs of the local judicial system.  The dedicated team at Miley Legal will work with you for the most successful outcome in your personal injury claim, helping you feel supported along the journey. Contact us today for a free consultation.