Fairmont, WV Personal Injury Lawyer

West Virginia is an At-Fault State

In the unfortunate event that you encounter an accident, you must remember that West Virginia is an at-fault or tort state. Personal injury victims must prove that the defendant is at fault for causing their injuries. Fault is a legal term that is defined as an act or omission of a person, which is the proximate cause of injury or death to another, damage to property, or economic injury (W. Va. Code § 55-7-13b). 

Personal injury claims come down to proving that the defendant was negligent, and that their negligence caused the plaintiff’s injuries. The first step in proving a negligence claim is establishing the existence of an owed duty. Everyone owes a general duty to avoid causing harm to others. There are certain situations, such as with medical doctors, where a heightened duty applies.

Once the existence of an owed duty of care is established, the next step is proving that the duty was breached. Breach occurs when the applicable duty of care is not met. For example, drivers are expected to obey all traffic rules. If a driver runs a red light and causes an accident, it can be established that they breached their duty of care to avoid causing harm to others on the road.

Importantly, there must be a clear link between the defendant’s actions and the plaintiff’s injuries. This concept is known as causation. It is important to get a medical evaluation immediately following an accident to help prove that the accident was responsible for your injuries. Otherwise, defense attorneys can argue that you had the injury prior to the accident.

Proving fault can be a complicated process, and your best bet is to rely on the experience of an attorney. Although you may think your case is easy to prove, defense attorneys will do everything in their power to make the process difficult. Many victims who try to handle their claims independently soon realize that they are in over their head.

Proving Fault in a Personal Injury Case

Establishing fault in a personal injury claim requires a detailed examination of the circumstances surrounding the injury. One key piece of evidence often used in personal injury cases is the incident report, which is typically prepared by the first responders or authorities who arrive at the scene. These reports contain details and any immediate observations. 

In many personal injury cases there are specific safety standards or practices that must be followed. If it can be shown that the defendant violated these standards, fault is more easily established. Additionally, witness testimony plays a crucial role in building a strong case. 

In cases where witnesses are unavailable, physical evidence, such as photographs of injuries, and video surveillance can be used to support claims of fault. A skilled personal injury attorney will know exactly what evidence is needed to support your Fairmont personal injury claim.

Improve Your Chances by Avoiding These Injury Case Mistakes

Multiple factors can make it more challenging to win your case and get compensation for various personal injury damages. Just because you understand that you were injured due to someone else’s negligence doesn’t mean they’ll agree with you. Disputes over liability are a primary cause of delays in settlement talk and litigation, as defendants will look for anything to prove an accident was not due to their conduct.

It gets even more tricky to prove who’s at fault when more than two people are involved. You also have to adhere to the statute of limitations in West Virginia. On top of those components, you have to follow the correct steps from start to finish to adhere to the state’s procedural guidelines and avoid throwing your case out.

Not Getting Prompt Medical Treatment

It’s critical to get medical attention as soon as you can after being injured in a personal injury accident. You’ll want to start any treatment prescribed by the doctor immediately. 

People often sit at home hoping the pain will ease, and they deal with demanding tasks such as maintaining a job and their household. 

An insurance company will use this to its advantage and construe it as optimism that the injuries weren’t that bad. They’ll argue that you don’t need compensation for something that wasn’t severe enough to warrant swift medical treatment.  

Lack of Documentation

You need to take notes from the beginning and document the sequence of events leading up to, during, and after the accident. Take pictures if you can, and even record videos if possible. 

If they’re willing, you should gather the insurance and contact information from the person liable for the accident. If there were any witnesses around, ask them for their information and if they could provide a statement. 

Keep notes about any property damaged in the process, and don’t throw out receipts for those damages. Additionally, all medical records should be kept safe for future reference. 

Lastly, document the pain you experienced during your road to recovery and any other problems you had after the accident. Keeping track of all relevant legal documentation can be complicated, but a personal injury attorney can handle all aspects on your behalf. 

For example, a personal injury lawyer in Mannington can help to preserve all the necessary documents that you’ll need. They’ll gather accident reports, medical records, and all correspondence with the insurance companies to ensure nothing gets overlooked. 

Additionally, your lawyer will keep a detailed record of all evidence and expenses that support your claim. A good attorney would also advise you if you’re missing anything that could be useful. All of their efforts make presenting a solid case for compensation easier.

Oversharing With Insurance

When the insurance company calls, don’t give up too much information. They’ll come off as personable and sympathetic toward your situation.

However, from our experience, they usually only try to get you to undermine the claim and minimize what happened. So, don’t sign any waivers or releases, either. Their ultimate goal is to avoid paying large settlements. These companies usually present offers well below the case’s worth. 

Generally, they’ll utilize different strategies to reduce the payout, such as exploiting legal loopholes and scrutinizing medical records. An experienced Mannington personal injury lawyer will know what tactics to look for.

Failure to Follow Through With Your Treatment Plan

It requires medical expertise and testimony to quantify damages like pain and suffering or to estimate future medical expenses. The physician will need a nuanced understanding of how your injuries could affect you in the long run if they’re severe enough.

Even if they aren’t too bad, you must always follow your medical provider’s instructions when they treat you for any injuries. If you fail to do this, you could hurt your case and harm your healing process. 

The insurance company will argue that you are not better because you failed to mitigate your injuries. Make sure to keep a record of their treatment plan and your compliance.

Liability Disagreements 

If the company or person you blame for the accident says they weren’t at fault, your claim and its resolution will be delayed. The settlement won’t happen until they admit guilt or the court determines they were to blame. This gets even more tricky when multiple parties are involved, and you have to argue the percentages of fault. 

To support your claim, your attorney must collect, prepare, and examine the evidence presented by the defendant. In reality, most cases don’t make it to trial. The majority settle before a lawsuit is filed or during the discovery phase. However, trial is always a possibility.

In that instance, you’ll need an experienced lawyer who can present your claim before a judge and aim to get a decision in your favor. This process takes time; the more complicated the dispute, the longer the delay.

How Can a Personal Injury Attorney in Fairmont, WV Help?

An experienced attorney knows how to evaluate the true extent of your injuries and losses, ensuring that no potential compensation is overlooked. This includes understanding not only the immediate medical costs and lost wages but also the long-term impacts of the injury.

Insurance companies are often motivated to minimize payouts and will try various tactics to reduce the settlement amount or deny the claim altogether. Without legal representation, you may face pressure to accept a quick settlement that is far less than what your case is truly worth. 

In cases where the insurance company refuses to offer a reasonable settlement, a personal injury attorney can take the case to court. Lawsuits can often motivate insurance companies to settle to avoid the expense and uncertainty of a trial. If your case does go to trial, attorneys know how to demonstrate the defendant’s liability and the full impact of the injury on your life.

Call For Your Free Consultation

In most cases, the guidance of an experienced personal injury lawyer in Fairmont could help you navigate the process of personal injury claims. Miley Legal has years of experience representing personal injury victims in West Virginia. Contact us today to discuss your legal options. Whether you live in Fairmont, Pleasant Valley, Barrackville, or elsewhere in the area, we are happy to help.