Shinnston, WV Personal Injury Lawyer
Feeling alone after a personal injury in Shinnston or elsewhere in WV can be unsettling. You may be seriously injured and unsure if you will ever recover. Meanwhile, you don’t know how you’ll be able to afford the bills that continue to pile up as you miss time from work.
When someone else’s negligence has caused you physical or emotional harm, the presence of a personal injury attorney can make all the difference. They’ll navigate the legal terrain and work to hold negligent parties accountable for their actions.
With the team at Miley Legal on your side, you can focus on recovery and let us handle the legal process. Our years of achieving positive outcomes for our clients, along decades of experience in West Virginia, make us the right firm for your injury case.
Dealing With Insurance Companies
Before you notify your insurance company, it’s crucial to consult with a Shinnston, WV attorney. They understand that insurance companies are not always on your side and know how to protect your legal rights and help you get the best compensation following a personal injury.
Insurance companies have a team of lawyers to protect them, and they hire adjusters to minimize payouts and delay the process. An insurance adjuster will contact you to get information, and although they come off friendly and may act like they are working on your behalf, they are not. Their main goal is to help the insurance company pay the least amount possible.
Don’t Give a Recorded Statement
The adjuster assigned to your case may say that recording your statement will speed up the process. However, doing this may hurt you. A recording is valid proof and can be used against you if further evidence is provided that contradicts what was said in the recording.
Don’t Sign a Medical Release Form
An adjuster may ask you to sign this form and have you thinking it is to help you receive better compensation for your claim. In actuality, this form may be used to prove that your injuries were pre-existing, and it may hurt you in the long run.
If your insurance does not dispute paying the claim, it is still best to consult a lawyer because you probably are not going to get the actual value of what your claim is worth. Your treatment for injuries alone may be costly and ongoing, and once you settle, you forfeit your right to take legal action.
Understanding Fault in West Virginia
If you believe or have been told that you are partially at fault, it should not scare you into thinking you do not have a claim. West Virginia is a modified comparative fault state, and as long as a person is not more than 50% at fault, they can still recover compensation for their damages.
The amount of compensation you receive may be reduced by your percentage of fault. For example, if your claim is worth $100,000, and you are 30% to blame, you will receive $70,000.
Gathering Evidence for Your Claim
Evidence is the backbone of any personal injury case, as it helps prove fault and establish the extent of your damages. Necessary evidence includes medical records, accident reports, insurance documents, photos, videos, and witness statements. Obtaining this evidence can be challenging, especially when parties are uncooperative.
A subpoena is a legal document issued to ensure that all necessary documents are provided to prove your case. In personal injury cases, a subpoena may be the only way a person or corporation will hand over the evidence.
After a subpoena is drafted, it will be served by a process server, sheriff, or certified mail. Once received, the recipient must abide by the deadline or face fines or jail time. Having an attorney by your side ensures that this process is handled correctly and that the recipient understands the severe consequences of non-compliance.
Subpoena Duces Tecum
This legal tool is used when asking a person or organization to hand over pertinent information or documents such as medical records, insurance policies, and video evidence footage. A subpoena is also used to get information from the facility where medical treatment was provided.
Subpoena Ad Testificandum
This type of subpoena allows your attorney to obtain testimony from witnesses whose testimony would help your case. The witness will be required to appear under oath and testify at a deposition or trial.
While many people comply voluntarily, some may be reluctant to testify due to personal concerns like fear of retaliation or personal connections with the opposing party. Subpoenas ensure that necessary evidence is available to prove your case.
Call Our Shinnston, WV Injury Attorneys
Personal injury victims have been dealt a tough hand, but you don’t have to suffer alone. The skilled team at Miley Legal will put your needs first and help you achieve a settlement that will make a difference in your life. Take the first step today. Contact us for a free initial consultation to discuss your case and legal options.