Frequently Asked Questions
About the Firm
Why should I choose Miley Legal over other West Virginia personal injury firms?
We are dedicated solely to personal injury — we don’t handle divorces, bankruptcies, or unrelated legal matters. Our attorneys have helped clients recover more than $100 million in settlements and verdicts, including a $4.5 million settlement for an industrial accident victim. Founder Tim Miley previously represented insurance companies, so he understands their tactics and uses that knowledge to fight for injured West Virginians.
What types of cases does Miley Legal handle?
We focus exclusively on personal injury cases, including car accidents, motorcycle accidents, truck accidents, slip and falls, dog bites, medical malpractice, wrongful death, workplace injuries, oil and gas industry accidents, and pedestrian accidents. If you were hurt because of someone else’s negligence in West Virginia, we want to hear from you.
What is Miley Legal and where are you located?
Miley Legal Accident Injury Lawyers is a West Virginia personal injury law firm founded in 2006 by Tim Miley. We have offices in Clarksburg (229 West Main Street, Suite 400) and Morgantown (1150 University Ave), and we represent injured people and accident victims throughout all of West Virginia.
Motor Vehicle Accidents (MVAs)
How do I deal with the insurance company after an accident?
Let us handle it. Insurance companies are experienced at minimizing payouts, and anything you say can be used to reduce your claim. At Miley Legal, we understand their tactics, policies, and strategies, which gives us the upper hand in securing fair settlements. We deal with insurers so you can focus on recovering.
What if the other driver was uninsured or underinsured?
If the at-fault driver doesn’t have enough insurance to cover your damages, you may be able to recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Our attorneys can review your policy and help you pursue every available source of compensation.
Can I still recover compensation if I was partially at fault for the accident?
Possibly, yes. West Virginia follows a modified comparative fault rule, which means you can still recover damages as long as you are not more than 50% at fault. Your compensation would be reduced by your percentage of fault. An experienced West Virginia personal injury lawyer can help evaluate your specific situation.
What should I do immediately after a motor vehicle accident in West Virginia?
First, seek medical attention — even if you feel fine, some injuries aren’t immediately apparent. Call the police and get a copy of the accident report. Document the scene with photos if you can. Do not apologize or admit fault at the scene, and do not speak with the other driver’s insurance company before consulting an attorney. Then contact Miley Legal for a free case review.
Motorcycle Accidents
Why are motorcycle accidents so serious compared to other vehicle accidents?
Motorcyclists have far less protection around them when an accident occurs, so what would be a minor fender bender for someone in a car could be a devastating or deadly encounter for a motorcyclist. Common injuries include traumatic brain injuries, spinal cord damage, road rash, broken bones, and internal bleeding — many of which can result in long-term or permanent disability.
What are the most common causes of motorcycle accidents in West Virginia?
Most motorcycle crashes are caused by other drivers failing to see the rider. Common causes include drivers not checking blind spots before changing lanes, distracted or impaired driving, speeding, unsafe road conditions like potholes or debris, and failure to yield at intersections. An additional and serious threat to motorcycle riders is the general lack of awareness of other drivers on the road.
Does West Virginia require motorcyclists to wear helmets?
Yes — West Virginia follows a universal helmet law, so every person driving or riding a motorcycle must wear a helmet. Not wearing a helmet could affect your claim, so it’s important to speak with an attorney about how helmet use factors into your case.
How long do I have to file a motorcycle accident claim in West Virginia?
The statute of limitations in West Virginia is two years from the date of the accident, but filing as soon as possible ensures the best opportunity to collect evidence. Witness memories fade, accident scenes change, and critical evidence can be lost. Don’t wait — contact Miley Legal right away.
What if a defective motorcycle part caused my accident?
If a manufacturer releases a motorcycle part that is defective and that defect causes an accident, the manufacturer may be liable for the resulting injuries and damages. This is called a product liability claim, and our team can help investigate whether a defective part played a role in your crash.
What compensation can I recover after a motorcycle accident?
Damages may include medical expenses, lost wages, pain and suffering, motorcycle repairs, and compensation for wrongful death. The value of your case depends on the severity of your injuries, how they impact your life and ability to work, and the strength of the evidence gathered. Our attorneys work to pursue maximum compensation for every client.
Is lane-splitting legal in West Virginia?
Lane-splitting — riding between lanes of traffic — is illegal in West Virginia. If you were involved in an accident while lane-splitting, it could affect your ability to recover compensation. Contact us to discuss how fault may be determined in your specific case.
The Process & What to Expect
Will my case go to trial?
Most personal injury cases settle before reaching a courtroom. However, Miley Legal is fully prepared to go to trial when necessary. Our attorneys have participated in more than 40 jury trials across West Virginia.
Does Miley Legal handle motorcycle accident cases in West Virginia?
Yes — motorcycle accident cases are one of our core practice areas. We have secured significant results for injured riders, including a $650,000 settlement for a motorcycle accident victim. If you were injured in a motorcycle crash anywhere in West Virginia, contact us for a free consultation.
What compensation can I recover in a personal injury case?
You may be entitled to medical expenses (past and future), lost wages, pain and suffering, property damage, and other damages depending on your case. West Virginia does cap non-economic damages like pain and suffering in medical malpractice cases, but no such caps exist for economic damages like medical bills and lost wages. Our attorneys will explain exactly what applies to your situation.
How much does it cost to hire a personal injury lawyer at Miley Legal?
Nothing upfront. We work on a contingency fee basis — meaning you only pay if we win. We also advance the costs of gathering evidence, hiring expert witnesses, and building your case, so there’s no financial risk to getting started.
How do I get started with Miley Legal?
Contact us for a free consultation. We’ll review your case at no charge and help you understand your options before you make any decisions. Our team typically responds within 24 hours.
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Our Offices
Clarksburg, WV
229 West Main Street, Suite 400
Clarksburg, WV 26301
Morgantown, WV
1150 University Ave.
Morgantown, WV 26505
#MileyWins
Protecting Injury Victims Across West Virginia
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