Weirton, WV Car Accident Lawyer
In Weirton, WV, car accidents can happen in the blink of an eye. When they do, you need to understand what steps to take, and when. Whether it’s seeking medical attention, negotiating with insurance companies, and filing legal claims, there’s a lot to think about for car accident victims. Allowing a skilled legal professional to handle your claim is always the correct decision. This way, you can focus on recovery and receive the compensation you deserve.
Can I Negotiate with Insurance Companies Alone?
Following a car accident, your or another involved party’s insurance company will almost certainly contact you. While they may seem friendly and concerned, they are likely looking for ways to devalue your claim. Insurance adjusters are trained professionals who know how to use your language against you. For example, if you tell an adjuster you’re feeling fine after an accident, they may use that as a reason to offer you less money.
To avoid saying the wrong thing to tricky insurance adjusters, having an attorney handle the discussions with the insurance companies on your behalf is a good idea. A skilled WV accident attorney knows what tactics insurance adjusters use to belittle claims and won’t fall for their tricks. Furthermore, they know when to walk away from negotiations if a carrier is unwilling to pay you an appropriate amount for your damages.
How Does the Legal Process Work?
The legal process is the next step if negotiations with insurance companies fall through. Your attorney will start a lawsuit on your behalf, including all relevant parties. Once initiated, there are many steps to the process that your attorney can guide you through.
The legal process for a personal injury case typically begins with the filing of a complaint by the plaintiff. This complaint outlines the basic facts of the case, the legal basis for the claim, and the damages sought. Once filed with the court, the complaint is served to the defendant, who then has a specified period to respond.
Following the initial pleadings, the case enters the discovery phase. During discovery, both parties exchange information and evidence relevant to the case. This can include written interrogatories, requests for documents, and depositions of witnesses and involved parties. As discovery progresses, either party may file various motions with the court.
If the case is not resolved through motions or settlement negotiations, it proceeds to trial. At trial, both sides present their evidence and arguments to a judge or jury, who then determines liability and damages. The entire process can take several months to years, depending on the complexity of the case and the court’s schedule.
As you can see, the legal process has many different steps. Throughout the process, some very specific rules and timelines must be followed to avoid ruining your chances for legal compensation. A good example is the statute of limitations. A statute of limitations is the time limit a plaintiff has to take legal action following their accident. If the case is not initiated in time, the plaintiff will miss out on legal compensation altogether.
What If I Was Partially at Fault for the Accident?
If you were partially at fault for the car accident, don’t worry. You still may be entitled to compensation for your damages. West Virginia follows the modified comparative fault rule. Under this rule, accident victims can recover damages for the accident if they are less than 51% at fault for the accident.
You may receive legal compensation if you are not more than 50% responsible. However, the amount of compensation you receive may be reduced by your percentage of responsibility. For example, if you were found to be 30% at fault for the accident, your total compensation would be reduced by 30%. If your total damages amount to $100,000, you could receive $70,000 after the reduction.
What Damages May I Recover for a Car Accident?
Damages may include both economic and non-economic damages. Economic damages are the objective losses you suffered following a car accident. Examples include medical bills and lost wages. Non-economic damages are more subjective but equally important. An example of non-economic damages is pain and suffering and loss of enjoyment of life.
There are also certain cases where the court will assess punitive damages to punish willful and wanton misconduct. These damages are typically awarded in cases where the defendant’s actions were particularly egregious, including cases involving intentional harm or gross negligence. However, punitive damages are rare and are generally awarded in addition to compensatory damages for the victim’s actual losses.
Contact Our Weirton, WV Car Accident Lawyers
At Miley Legal, we understand a car accident’s profound impact on your life. We have decades of experience helping accident victims receive just compensation for their injuries. If you’ve been injured in a car accident in Weirton or elsewhere in the state, our West Virginia car accident lawyers are here to help. Contact us today for a free consultation to discuss your legal options.