Weston, West Virginia Personal Injury Lawyer
Some slips, falls, and fender benders are harmless, but many others have serious consequences. If you experience the latter, call Miley Legal for a complimentary case evaluation. Dog bites, slips-and-falls, premises liability accidents, or cases of medical malpractice can have far-reaching effects, and we are here to help.
If you’ve experienced physical or emotional injury following a Weston personal injury accident, get legal help right away. The team at Miley Legal will assess the value of your claim and pursue all necessary avenues to get the compensation you deserve.
What Is Modified Comparative Fault?
Negligence occurs when someone fails to use appropriate and reasonable care, and as a result, another party is injured. Sometimes, the accident victim is partially to blame for their injuries. In WV, accident victims can recover damages even if they are partially to blame for their accident. Compensation will not be awarded to anyone who has a responsibility of fault over 50%.
How Is Comparative Fault Determined?
The court or jury will apply the modified comparative fault standard by evaluating all the evidence and establishing how the accident occurred. The assessment considers questions like: What specifically caused the accident? Were there safety signs that were missed because they were placed inconspicuously? Or was it a combination of factors?
Once the court establishes each party’s role in the accident, it assigns a percentage of fault to each. Under this standard, your compensation will be adjusted based on your level of fault.
Why Should I Contact an Attorney?
After an accident, dealing with the legal process can be overwhelming. Insurance companies push back, and medical bills quickly add up. An attorney is there to fight for you. They gather evidence, handle negotiations, and advocate for your rights. While you focus on your recovery, they focus on securing the compensation you deserve.
Additionally, an attorney will deal with insurance adjusters who try to undervalue your claim. If settlement negotiations stall, they’ll file all the required paperwork and meet every deadline, so you don’t lose your right to legal compensation.
How Can I Prove My Injuries?
Even if you are the plaintiff in a personal injury case, you will likely be defending yourself. The defendants will counter-attack your arguments to reduce or prevent any damages from being paid out. So, what can you do to proactively protect yourself and not give the defendants anything to argue?
Preserve Medical Documentation
Medical documentation is critical. It’s better to have too much than too little when proving your injuries. This evidence shows that your injuries are real and that you took the proper steps to address them. Start by documenting everything immediately. Use your phone to take photos of the accident scene, any visible injuries, and anything relevant. These images can be vital later on.
Keep a folder of all medical records, bills, and correspondence, including the envelopes they arrived in. Create a logbook to record every conversation related to your case, noting the date, time, person, and outcome. Organized documentation helps your attorney build a strong case and ensures nothing is overlooked.
Show Up for All Medical Appointments
Attending all medical appointments is crucial. It sounds simple, but life’s complications can make it challenging. Missing appointments can give the impression that your injuries aren’t severe or that you’re not committed to your recovery, which defendants may use against you.
Transportation issues, such as the inability to drive due to your injuries, can complicate your ability to attend appointments. Relying on family, friends, or rideshare services can be difficult, but it’s necessary to maintain consistency in your treatment. Additionally, out-of-pocket costs may deter you, but it’s important to remember that these expenses are often reimbursable under a settlement. Consulting with a personal injury lawyer can clarify what costs are covered and keep you on track with your recovery plan.
Collect Witness Statements
Witness statements can be powerful evidence in supporting your personal injury claim. Witnesses provide an unbiased account of what happened, which can validate your version of events. Immediately after the accident, try to collect contact information from anyone who saw what happened. Names, phone numbers, and brief details of what they observed will prove helpful in establishing your claim.
Your attorney can follow up to gather formal statements, which can be used if your case goes to trial. Having these statements early on helps build a compelling case and ensures you have reliable support for your version of events.
Contact A Personal Injury Lawyer in Weston, WV
What would happen if you were accused of causing your own accident and you were not entitled to any compensation at all? What if you cannot perform your current job duties or, worse, not be able to work at all? These are everyday situations that many personal injury victims face every year.
Having a West Virginia injury law firm that is knowledgeable and experienced in personal injury law will help you sort everything out and receive fair compensation. At Miley Legal, we’ll provide you with all your options so you can confidently make decisions. You can feel good knowing that you are doing everything possible to ensure your best interests for your recovery and that your future will be protected. Contact us today for a no-obligation consultation to discuss your case.