Beckley, WV Personal Injury Lawyer
From slip and falls to car accidents, the personal injury lawyers at Miley Legal help West Virginia residents get the justice they deserve every day. If you’ve been injured due to someone else’s negligence, please feel free to give us a call. We’ll review your case for free, discuss your legal options with you, and fight on your behalf.
Types of Personal Injury Claims
Car Accidents
We help car accident victims in West Virginia nearly every day. From minor collisions to serious t-bone wrecks, car accidents can have devastating effects on victims. Car accident victims can recover damages ranging from property damage and medical bills to lost wages and punitive damages. Whether you are dealing with a broken bone, whiplash, or even a head injury after an accident, give our office a call.
Medical Malpractice
Medical malpractice claims involve medical professionals negligently treating their patients. From misdiagnosing serious medical conditions, performing surgeries improperly, or acting without consent, medical malpractice can cause serious damage. Proving medical malpractice claims often involves the use of expert witnesses to explain complex medical terminology and prove that the medical professional did not adhere to the appropriate standard of care.
Slip and Fall Accidents
Property owners are duty-bound to ensure the safety of the premises. The owner may be liable for damages if a person slips or falls due to hazardous conditions on the property’s premises. Depending on the victim’s status as a visitor, premises liability victims could be entitled to significant compensation. For any questions regarding your slip and fall injury at a grocery store, office building, educational facility or other property, call us.
Wrongful Death
If a negligent act causes death, the surviving heirs of the deceased may file claims against the offending party (WV Code § 55-7-5). These claims often result from severe car accidents and medical malpractice claims. Because of the emotions involved in losing a loved one due to someone’s negligence, it’s best to seek legal help from an attorney to handle your claim while you focus on recovering from your loss.
Process in Filing a Claim in Beckley, West Virginia
The process of filing personal injury claims may vary depending on the type of claim. The initial and most important step is seeking immediate medical attention after an injury. Make sure that you keep the pertinent documents when seeking medical treatment. Consulting a lawyer at the earliest possible opportunity could ease your burdens in going through the process. Upon consultation, you will know the proper documentation needed for the claim, assessment of the case, potential outcomes, and strategies in pursuing your claim.
After consulting an attorney, you will gather the necessary documentation supporting your claim. Pertinent documents may include police reports, medical records, CCTV footage, witness statements, photographs, and other similar evidence. After gathering the relevant documents with the assistance of a lawyer, you are ready to file a case in court. This involves filing a formal complaint, narrating the relevant details of the incident, attaching evidence, and identifying the pertinent claims.
Before a full-blown trial or talks of settlement, parties often engage in the discovery process. Here, parties solicit information from the opposing side that may help their cause. This may involve holding depositions, interrogatories, and requests for documents. Most personal injury claims never reach trial.
If settlement efforts fail, and we feel that our client is not being presented with a fair offer, the case may proceed to trial. During trial, evidence is presented and witnesses are heard, leaving the decision in the hands of the court. Depending on the plaintiff’s request, a trial may occur before a judge or a jury. Deciding which type of trial to demand is a strategic decision you should discuss with your attorney.
Statute of Limitations
Like other states, West Virginia adopts prescriptive periods to set a deadline for filing personal injury cases. Generally, personal injury claims must be filed within two years from the incident date, subject to several exceptions. If the claim is filed beyond the prescriptive period, the case will be dismissed, and the injured party will be forever barred from filing the same suit, even if there is a legitimate claim for damages.
Why You Need a Personal Injury Lawyer
Pursuing a personal injury claim can be complex, and personal injury lawyers play a significant role in the process. Initially, the lawyer’s primary responsibility is to guide you through the legal intricacies of the legal process. The lawyer will evaluate your case and provide the possible outcomes that would set the tone for your legal battle.
After discussing the merits of your case, the lawyer will provide the strategies for achieving maximum compensation. A personal injury firm like Miley Legal has many years of experience fighting insurance companies and at-fault parties – this reputation often makes it easier to reach fair settlements for the injured party.
Most importantly, if you need to go to trial, you will be adequately represented in court. An experienced lawyer will present and examine evidence, conduct cross-examinations, and formulate arguments for your side. A strong and competent lawyer could increase your chances of securing the most favorable outcome of your case.
Let Our Beckley, WV Injury Attorneys Fight For You.
At Miley Legal, we’ve helped hundreds of accident victims get the compensation they deserve for their injuries. We’ve got you covered if you’ve been injured due to someone’s negligent actions. Contact us today for a free consultation to discuss your legal options.