Westover, West Virginia Personal Injury Lawyer
If you’ve been involved in an accident caused by someone’s negligence, you might be entitled to compensation for your injuries. Whether physical or psychological, it’s important to take the necessary steps to receive justice.
That’s where a personal injury lawyer can step in and help. We’ll work as your advocate to negotiate with insurance companies and other parties involved. The primary goal is to get a fair settlement based on any loss you incurred. Our Westover personal injury lawyers will work tirelessly to secure a fair settlement on your behalf.
What Counts as a Personal Injury in WV?
Legally, personal injury is a term that refers to mental, emotional, or physical injury. Personal injury can also include financial losses resulting from these injuries (e.g., medical expenses, lost wages).
The defining characteristic of personal injury is that the damage occurred because of an accident in which someone else was negligent or intentionally harmful. As a vital element of civil law, all victims have the right to receive compensation for injuries that fall under these circumstances. Compensation is contingent on being able to prove liability.
In a personal injury lawsuit, the defendant is the individual accused of negligence, while the plaintiff is the individual who was injured. Note that personal injury lawsuits can involve individuals, companies, or organizations as defendants.
What Are the Elements of a Personal Injury Case?
There are multiple ways that you could endure personal injuries, such as through motor vehicle accidents, professional malpractice, defective products, and more.
In these situations, the incident is often not intentional, but the defendant may have been negligent. Negligence means that the defendant failed to uphold their duty of care and caused injury to another as a result. In a personal injury lawsuit, you have to prove that the damages sustained were a direct result of the party who is at fault because they failed to uphold their duty of care.
How Long Do Personal Injury Cases Take?
Personal injury cases vary based on their complexity. It might be a few months or several years before your case resolves. Everything hinges on factors such as the severity of injuries, complications, insurance company negotiations, and if you end up going to trial.
If the case is fairly simple and there were minor injuries and clear liability, you could be looking at two to three months. However, it can easily take years when cases involve disputes over liability, severe injuries, or extensive negotiations.
Since timelines are often unpredictable, you’ll need an aggressive advocate who will not tolerate insurance company delay tactics and will fight hard to keep your case moving forward.
Avoid These Missteps After a Personal Injury
If you are the victim of someone else’s negligent behavior, you deserve to be compensated. You must follow the correct steps to get a favorable outcome.
Not Seeking Immediate Medical Attention
You can weaken your claim if you don’t see a doctor right away after the accident. Delaying medical care not only puts your health at risk but also gives insurance companies a reason to argue that your injuries were not caused by the accident. Prompt medical attention provides a clear link between the accident and your condition.
Delaying the Reporting of the Incident
Be sure to report the accident to the insurance companies and proper authorities. An extensive waiting period usually just complicates things. It will also delay the process of receiving compensation for your injuries. Once you care for your health, it’s best to start the claims process immediately.
Admitting Fault
If you admit fault at the scene of the incident or when you’re talking to different insurance companies, it can negatively affect your case. Any recorded statement you give will be used against you as evidence. It’s always best to let your attorney handle communication with insurance companies and opposing counsel.
Settling Too Quickly
Don’t accept the first settlement that comes your way if you don’t know the full extent of your injuries. If future costs are going to pile up, you want to be sure that you’re adequately prepared in terms of financial compensation from your claims. Our vehicle accident attorneys in WV are experienced with lowball insurance company settlement offers, and we can help you avoid this pitfall.
Posting on Social Media
It’s not a good idea to share the details of your accident online. Those details can also be used against you, especially if you are pursuing claims for losing quality of life. It’s best to save the pictures from the family barbeque until after your claim is settled.
Contact a Westover Personal Injury Attorney Today
It’s imperative to seek help from a personal injury lawyer in Westover if you’ve been psychologically or physically injured due to the negligence of a government agency, person, company, or another entity. Personal injury lawyers are experienced in tort law. It’s best to allow them to use their knowledge and skills to get the full amount of benefits owed to you.
At Miley Legal, we have decades of experience getting positive results for our personal injury clients. With us at the helm, you can rest assured your claims will be zealously pursued. Contact us today for a no-obligation consultation.