Morgantown, WV Personal Injury Lawyer

The Long-Term Effects of Personal Injuries

Injuries that initially seem minor can progressively worsen, developing into chronic conditions that affect daily life. Some injuries may become irreversible without prompt and appropriate treatment, turning temporary setbacks into lifelong challenges. 

Personal injury victims suffer loss in the quality of their lives and their relationships with others. Formerly active individuals can find themselves unable to move around the house to complete even the most routine tasks – this hurts personal relationships, the ability to earn income, and the opportunity to enjoy life. Personal injuries are devastating, and that’s why victims can often recover significant compensation when working with the right legal team. 

Mistakes to Avoid If You Are Injured

Not Reporting the Accident

West Virginia has laws regarding when a car accident must be reported to police. In fact, reporting is required in accidents resulting in injury, death, or property damage over $1,000, and if you will be seeking compensation for your injuries, a police report stating the facts surrounding the accident will help your case. 

Not Getting Immediate Medical Attention

Not getting medical attention right away is a significant mistake accident victims make. They think the injury is not so bad and will improve itself.  What seems like a minor issue can worsen without proper medical evaluation. 

Seeking prompt medical care accelerates your path to recovery and helps prevent injuries from becoming persistent problems. Documentation from medical visits will also be used to build your case and prove the extent of your damages. 

Not Hiring a Local Attorney

Failing to hire a local Morgantown injury attorney is a mistake. Without professional legal representation, you risk missing out on the total compensation you deserve. A local attorney is well-versed in the local court system, including judges’ previous rulings. They are also familiar with other attorneys in the area, which can help the legal process run smoothly. Most importantly, an experienced attorney understands how insurance companies operate, and they will fight on your behalf against bad-faith insurance settlement offers.

Not Following Doctor’s Orders

It’s critical to adhere to your doctor’s recommendations. If you don’t, the defendants may see your shortcomings as evidence that you made your injuries worse than they were following the accident. Following your doctor’s orders can speed up recovery and preserve your credibility regarding the cause of your injuries.

Talking Without Your Attorney Present

As the accident investigations continue, you may be interviewed by other attorneys and insurance company adjusters whose job it is to reduce the amount of liability their client has.  Adjustors will do everything they can to make it look like you are at fault, including twisting words to use them against you.  

Make sure your attorney is present during any conversations you may have.  You do not want to inadvertently say something that can be interpreted to minimize your damages. Better yet, it’s best to let your attorney do all the talking so there’s no risk that you say the wrong thing inadvertently. 

Not Keeping Proper Documentation 

Establishing the extent and cause of your injuries becomes more challenging without proper documentation. Keep all evidence of your claim, even if unsure whether it’s essential.  Take pictures, keep notes about conversations with other involved parties, and get the contact information from witnesses. Also, keep all your receipts for every penny spent on the accident.  Your attorney will want to leverage this information when fighting for your compensation.

Accepting The First Settlement Offer

Insurance companies and the adjusters that work for them are friendly and charming on the outside, but their job is to reduce the compensation paid out to you for your accident. They know that it is common for the first offer to be accepted by the client.  Therefore, this is usually the lowest offer.  You do not want to settle too quickly for a few reasons, including the fact that you may need more compensation. Your case can be worth a lot more, and figuring out all damages should be left to a local attorney familiar with the negotiation process.

We’ve Handled Countless Injury Cases in Morgantown and Throughout WV

Some common examples of personal injury cases in Morgantown include:

• Vehicle accidents
• Slip-and-fall accidents
• Workplace injuries
• Medical malpractice

We’ve included information about different types of personal injury cases below, but if you have questions about your unique situation and how you can seek justice, give us a call immediately.

Traumatic Brain Injury

Also known as a TBI, brain injuries usually happen when a person has sustained some kind of blow to the head. A TBI can be the result of a person hitting their head in a car accident, getting punched in the head in a fight, getting shot, playing sports (such as football), and even a slip-and-fall accident or even violently shaking a person. TBI can also happen at birth due to a lack of oxygen during delivery.  Believe it or not, this type of situation is the highest risk. Even if you suffered a concussion because of someone else’s negligence, you may have a case – concussions seem minor at first, but they are often far from it.

Car Accidents

Car accidents are some of the most common personal injury claims. Even minor car accidents can have serious consequences like whiplash, broken bones, emotional trauma, and more. If you were involved in a car accident, bus crash, tractor trailer accident, or other accident, we can help you hold the at-fault party or insurance company accountable.

Slip-and-Falls

Slip-and-falls can lead to broken bones, brain injuries, and lost wages. From loose tools in a home improvement store to irresponsibly placed produce crates in the grocery store, hazards exist at places of business everywhere – it is the owner’s responsibility to provide a safe environment for customers.

Medical Malpractice

Victims of medical malpractice often suffer severe, long-lasting trauma. Perhaps the medical team left a medical instrument inside your incision, or perhaps you were operated on without consent. Whatever the case may be, we are here to help.

Dog Bites

Dog owners are responsible for keeping others safe from their pets on and off their property. If this type of injury occurs, one should seek medical attention even if the injury does not appear serious initially.

Depending on the situation of the accident, compensation may be received from one of the following insurances: pet owners’, or homeowners’. If the pet owner does not have either, they might have to pay out of pocket.

Your unique personal injury situation may not be listed above, but that doesn’t mean we can’t help you. Call the experienced attorneys at Miley Legal today.

How Does the Personal Injury Claim Process Work?

The personal injury claim process may seem overwhelming, but help is available. We help clients with the personal injury process every single day.

1. The attorney will start an investigation and gather information
2. An investigation will occur
3. A settlement will be negotiated
4. There is also a litigation process if the attorney/insurance company cannot reach a settlement agreement

Should a Claimant Settle or go to Court in Morgantown, WV?

There are pros and cons of settling out of court. If the attorney and the client believe that a fair settlement is being offered, then settling out of court might be a good idea. Court proceedings can sometimes last years.

A lawyer will guide the client by helping to decide whether the case should go to court or settle.  For example, litigation may not be worth it if you receive the same amount or close to the amount by settling out of court.

The attorney might advise his/her client to go to court if an arrangement cannot be reached as to how much the claim is worth, how long medical bills will be paid, what kind of monies would be awarded for pain and suffering, income lost from either missing work or no longer being able to work.  In the case where a person will not be able to return to work, long-term disability might be needed.

If the case is not found in favor of the client, an attorney might have to file an appeal. An appeal is a request to have a higher court reconsider a lower court’s decision.

Common Questions About Personal Injury Claims

How Long Will The Case Take?

There is no set time for a personal injury claim to take place. If a case is settled out of court, it will take less time. Some factors that may make a personal injury case take longer include the number of parties involved, the complexities of the case, the severity of the injuries, and the willingness of the insurance companies to negotiate.

What If I’m Partially At Fault?

In West Virginia, a person can recover as long as they are 50% or less responsible/at-fault. This system is known as modified comparative fault, and you can read about our local statutes further here.

Is Hiring a Personal Injury Lawyer in Morgantown, WV Affordable?

Yes, you can afford to hire a personal injury lawyer. At Miley Legal, you don’t pay unless we win your case – so there is zero risk to you. Furthermore, we will evaluate your particular situation for free, and we will give you our honest assessment of your case. If we believe you have a case, we will fight on your behalf at no cost to you.

Take the First Step Towards Justice

Navigating the aftermath of an accident can be overwhelming, but you don’t have to face it alone. The dedicated team at Miley Legal will guide you through every step of the complex legal process. We will explain clear and realistic options and outline effective strategies to achieve our desired results. By leaving the legal work to us, you can avoid costly mistakes.

Let us shoulder the legal burden so you can concentrate on healing and moving forward with your life. Contact our WV accident lawyers today for a no-obligation legal consultation to discuss your options and take the first step towards rightful compensation.