Grafton, WV Personal Injury Lawyer

What Evidence Do I Need to Prove My Claim?

After an accident, the best way to prove who is at fault is to gather as much information as possible regarding your injury. Evidence is the backbone of a solid legal claim. Essential types of evidence include, but are not limited to, accident reports, witness statements, and medical records. 

Medical reports

You can obtain medical reports following emergency room, urgent care, and doctor’s office visits. Medical reports help tremendously in determining the extent of your injuries and what additional treatments are needed. This includes ongoing medical care such as physical therapy and psychiatric counseling.

Police Report

It is always best to call the police to the scene of an accident. Police are trained public servants with unbiased viewpoints. Their opinions about how your accident occurred may carry substantial weight in court. 

Photos

It is always best to have photos of the accident scene and your injuries. Pictures can prove to be powerful tools to show how severe your injuries are and how negligent the other party was in causing your injuries. For example, if you fall in front of a store with a hole in the sidewalk, an image can help prove that your accident was caused by the store owner choosing to leave a hazardous condition on their property.

Dealing with Insurance Companies

Handling insurance claims after an accident can be confusing, especially when different types of insurance come into play. In a car accident, you might notify your auto insurance company. Other scenarios—like slip-and-fall incidents, dog bites, and workplace injuries—often involve homeowners, renters, or pet insurance.

Many people find starting an insurance claim overwhelming, wondering where to begin or how to gather the necessary evidence. This is where having an experienced attorney makes a significant difference.

An attorney can initiate your claim efficiently and handle communications with the various insurers. They will notify all relevant parties that you have legal representation, ensuring your rights are protected from the outset. 

How Can I Determine Who is Negligent in a Personal Injury Case? 

Knowing what negligence means and how it applies to West Virginia personal law is a good start. Negligence is when someone acts carelessly or knowingly does something wrong that causes injury. For example, if an intoxicated driver gets into a car accident and injures another person, this would be considered negligence.

Not all personal injury claims require proving negligence. Some can be based on other legal theories, such as strict liability or intentional acts. For example, product liability cases often focus on strict liability, where the defect in the product alone can establish a claim without proving negligence. 

However, most personal injury claims involve some form of wrongdoing or breach of duty. Medical malpractice requires proving that a healthcare provider deviated from the standard of care. At the same time, premises liability cases usually focus on whether a property owner was negligent in maintaining safe conditions. 

Since specific burdens of proof vary on a case-by-case basis, you’ll need a skilled attorney who understands the elements required to establish your personal injury claim.

What Happens if You are Partially Responsible for Your Injury?

Suppose you are partially to blame for the accident or injury that you were involved in. In that case, you may still be able to receive compensation. West Virginia is a modified comparative fault state. As such, personal injury victims may recover compensation for their injuries if they are not more than 50% responsible for the accident.

Mistakes to Avoid After a Personal Injury

Even if you are 100% free of blame, a mistake can cause you to lose your case. Even if you do not lose your case, you may miss the maximum compensation available for your claims. Some common mistakes are:

Not Seeking Medical Care Immediately

Seek medical care after an accident, even if you don’t feel injured. Delaying medical attention can make it harder to prove that your medical issues were a result of the accident. It’s also important to remember that waiting can raise questions about the severity of your injuries, potentially weakening your case.

Always follow the advice of healthcare professionals. Not following medical advice can raise doubts about the severity of your injuries and allow defense attorneys to argue that you made your injuries worse by ignoring medical advice. 

Missing Time Limits

If you fail to act quickly, you could lose the opportunity to file a legal action. This time limit is known as the Statute of Limitations. In WV, you have two years from the date of your accident to file a legal action. However, minors have two years from turning 18 to file a claim. 

The above mistakes are just a few.  Not calling an attorney shouldn’t be one of them. You may be entitled to significant compensation even if you don’t think you have a case.

Get the Legal Help You Need Today

One of our dedicated lawyers in Grafton, WV, will happily speak with you today and help you start the legal process. At Miley Legal, our experienced attorneys have handled thousands of personal injury cases and can assist you in any type of personal injury case. Contact us today for a risk-free consultation.