If you have been in a car accident, there are many things to consider. For example, are you hurt? Were any passengers hurt? Do you have enough insurance coverage to cover the accident, not to mention all of the potential medical costs and other expenses?
The last thing on your mind should be filing the lawsuit by yourself. If you’re dealing with pain and suffering from your injuries, emotional trauma, or financial problems from missing work due to your injuries.
If you suffered any losses in a car accident, it is important to talk to a Clarksburg personal injury attorney about your legal rights as soon as possible. Different types of damages are available depending on the details surrounding your car accident.
The Clarksburg car accident attorneys at The Miley Legal Group can help you understand your legal rights and how to get the compensation that may be owed to you. Our attorneys have the knowledge and skill to fight for your claim and get you the maximum compensation for your losses.
For more information on how we can help you, contact us today.
The Car Accident Lawsuit Process
West Virginia is an at-fault state. This means the at-fault driver’s insurance carrier is responsible for paying for the victim’s damages.
The insurance company of the at-fault party will launch an investigation to reduce potential liability after a car accident. The insurance carrier will try to do everything they can to reduce the compensation amount they pay.
This is why it is so important to find a Clarksburg accident attorney to defend your claim.
One of the first steps in the process of filing a lawsuit your attorney will do is conduct an investigation of their own to counter the insurance company and build your case.
The strength of a case depends on the ability of your lawyer to prove that the other driver’s negligence caused your damages.
Some negligent actions your attorney will look for during the investigation include:
- Distracted driving
- Failing to pay attention to the surroundings
- Drunk driving or drugged driving
- Traffic law violations
- Driving without a license
Your attorney will look at a variety of sources to gather this information. They’ll gather police reports and photographs of the accident and may review any available video footage of the crash. They may also call upon witnesses to give statements about the accident. This is especially important whenever the other driver lies about what happened.
Your attorney may also retain experts such as accident reconstruction specialists to help recreate the scene of the accident.
Your attorney will review all of your medical bills and records to demonstrate that your injuries were a result of the accident. They do this to help determine the amount of compensation you may be eligible for.
How Compensation Amounts are Determined
A good Clarksburg car accident lawyer will work to determine what your injuries and losses are from the accident so they can figure out an appropriate amount of compensation.
Types of Compensation You May be Eligible for after a Car Accident
- Lost wages
- Loss of future earning capacity
- Current and future medical expenses
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of enjoyment in life
Depending on the specifics of your case, you may be eligible for other forms of compensation. A good Clarksburg accident attorney will work hard to uncover all forms of compensation available to you.
Developing a Claim for Accident Damages
Your attorney will investigate the case and determine eligibility and then review the information to create a claim that serves as the basis for your lawsuit. This will include details about your injuries and losses, the other driver’s behavior that led to the accident, and compensation negotiations.
Your lawyer will negotiate on your behalf by reaching out to the person or other parties involved in a car accident in an effort to reach a settlement rather than taking the case to court.
If the other side refuses to negotiate or offer a fair settlement, your attorney can file a lawsuit in court and begin preparing for a trial.
Most settlements are negotiated before the case goes to trial. This reduces both fees and court costs. If pre-trial negotiations are unsuccessful, your attorney can represent you in court and fight to get you compensation.
What to Do After a Car Accident in Clarksburg
Whether you’re an experienced motorist or a first-time passenger in a vehicle, there are certain things to bear in mind during the aftermath of an accident.
The first thing that you should do after an accident is to make sure there are no life-threatening injuries. After that, you need to call the police so that they can come to the scene and begin creating a police report.
Once you’ve done that, the following steps will help preserve and gather evidence that will be useful to your case:
- Take pictures of the scene of the accident and the damage to vehicles and property involved
- Exchange contact and insurance information with the other driver
- Take down the other driver’s license plate number
- Visit a doctor to have your injuries checked out even if you don’t think your injuries are serious
- Contact your insurance company
- Keep a record of all repair and medical bills
- Contact a car accident attorney as soon as possible
Keeping track of all the evidence from an accident and its aftermath goes a long way in helping your attorney develop a strong case for compensation.
Handling Discussions with Insurance Companies
When you are in a car accident in West Virginia, you have the right to seek compensation for your losses directly from the at-fault party or the at-fault party’s insurance.
This is because West Virginia is a “fault” state or tort state. In most cases, car accident victims can seek compensation from the at-fault party’s insurance carrier first before filing suit against other parties.
The Insurance Companies Put Themselves First
Insurance companies are businesses and their goals are to maximize their profit while minimizing their losses. These goals won’t often align with your own. They want to save as much as possible which means reducing the compensation you get.
A skilled attorney can help level the playing field and negotiate with the insurance company on your behalf. The at-fault driver’s insurance company may try to pressure you into taking less than you deserve, get you to admit fault, or otherwise diminish the value of your claim.
Important: To ensure that your claim is not devalued, you should never speak to anyone about the accident or your injuries except for an attorney and the doctor you are seeing for treatment. Don’t fall for the traps insurance companies set up to reduce your claim.
Statements you make after an accident can negatively the negotiation process or the results of a lawsuit. Don’t give them anything to use against you.
Common Types of Car Accident Injuries
Motor vehicle accidents can cause fatal injuries and lifelong disabilities. Some common types of injuries that our Clarksburg attorneys have encountered in car accident cases:
- Scrapes and cuts
- Broken bones
- Internal bleeding
- Traumatic brain injuries
- Spinal cord injuries
Types of Car Accident Cases Our Clarksburg Lawyers Handle
The car accident attorneys at The Miley Legal Group are experienced in handling all types of car accident cases.
Some of the cases we handle include:
- Head-on collisions
- Side-impact collisions
- Rear-end collisions
- Drunk driving accidents
- Distracted driving accidents
- Reckless driving accidents
- Collisions involving multiple cars
How a Clarksburg Car Accident Attorney Can Help You
Our team of auto accident injury attorneys at The Miley Legal Group are experienced, knowledgeable, and reliable. We know what it takes to get car accident victims the compensation they deserve. We know the tactics that insurance companies may use to devalue your claim and will fight for you.
If you have been injured in a car accident, it is in your best interest to speak with one of our attorneys before the time to file your claim runs out.
Contact The Miley Legal Group today for a free consultation to get more information on how we can help you.