Having an experienced personal injury lawyer who will fight for you is necessary if you (or your loved one) have been involved in a car accident and suffered serious injury and emotional distress. If you have been injured in an accident, you have the right to file an injury claim for compensation related to medical bills and property damage.
What are the causes of automobile accidents?
Speeding, reckless driving, texting while driving, drunk driving, and driving under the influence increase the possibility of finding yourself involved in an accident. Other factors may include drowsy driving, tailgating, and violating traffic laws.
Things you should do after a vehicle accident
To secure your legal rights, you must respond quickly and work on your would-be car accident case. You must be aware of the things that you must do after the collision. Here are some of the things that you must remember when handling the situation:
- Never leave the scene of the accident
- Contact the police
- Remember important details that may be helpful for your car accident case
- Take photos of the scene
- Exchange details with the other parties involved
- Seek medical treatment
- Call your insurance company
For car accident cases, what is the statute of limitations in West Virginia?
All states enforce deadlines that will reduce the amount of time within which a lawsuit must be filed by an accident victim. The statute of limitations is the legal term for such deadlines. These statutes often ensure that claims are fair for both sides: the claimant and the defendant.
Theoretically, without a deadline, complainants might wait decades before filing a lawsuit. A long delay almost guarantees that substantial evidence that could be used will already be forgotten.
Because of the strict deadline being implemented, claimants come through with their cases and demands as quickly as possible. When filing an automobile accident lawsuit, the deadline would be a certain number of months after the accident that caused injury and damage to personal property. In some cases, filers notice their injuries the day after the accident due to delayed symptoms. These symptoms are typically indicative of head, back, and neck injuries. File an injury lawsuit as soon as you know the accident injuries you have.
In most places, you will have two years to file your injury claim. This is from the date of the car crash that led to your car accident injuries. In West Virginia, specifically, the law provides plaintiffs two years to file lawsuits for injuries and damage of property, as well as wrongful death claims.
What about insurance matters?
Driving in West Virginia without auto insurance is illegal. The state law implemented specific minimum amounts needed for insurance coverage. Without having the minimum insurance coverage, it may result in traffic tickets, penalties, and even suspension of your driving privileges.
The total amount of medical bills and damage to property associated with the accident shall be covered by the insurance policy, up to the limit of the insurance claim. The filer may or may not have to pay a deduction depending on the conditions of the insurance policy.
Take for example a case where you are at fault for the car crash and injury. The minimum coverage would include the damages and injuries of the car accident victims. As such, it is important to hire the best lawyers that have extensive experience in negotiating settlements with insurance companies. Some insurance adjusters would try to take advantage of you. Your auto accident attorney will help you communicate with your insurance company to prevent this from happening.
What happens if the deadline was missed?
Victims of a car accident in West Virginia should not miss the deadline for filing litigation. The court is stringent and usually will not agree to reconsider a lawsuit after the deadline has expired.
Even if you have a piece of strong evidence and no matter how serious the accident is, failure to file before the deadline would almost mean losing the legal right to claim compensation. You must act quickly and seek help from a competent personal injury attorney.
Hire an auto accident lawyer to have the best possible outcome with your case. Personal injury lawyers will assist you throughout the legal process. They will help you with matters related to compensation for your medical treatment. They will also gather crucial information pertinent to your case, whatever would be helpful for you to obtain compensation.
Reliable personal injury attorneys will assist you and make it easier for you to file an accident claim before the deadline. This will help prevent legal issues from arising during the actual proceeding. They can also help you communicate with bad faith insurance providers and they will defend you from negligent parties liable for your injuries and property damages.
Protect your legal rights. Having a credible auto accident lawyer is highly recommended when dealing with personal injury and car accident cases. Contact us at Ghaphery Law Offices, PLLC for a free consultation. Call (304) 230-6500 today.