If you or someone you love has been hurt in a car accident, you may have considered filing a lawsuit against the liable party. Many people are hesitant to file a lawsuit because they do not want to relive the accident, they think it will take too long, or because they do not want to go to court. Fortunately, recovering the compensation you deserve may not require a lawsuit, as this is the last step in the process and few cases make it to that phase. Below, one of our West Virginia car accident lawyers explains further.
What to Expect Immediately After an Accident
If you are seriously hurt in an accident, it is important to call for medical help. When an ambulance arrives, allow the paramedics to fully examine you and take you to the hospital. If you are injured but able to collect evidence, take photographs of the accident scene. Take photos of the damage to any vehicles, your injuries, and other relevant information, such as skid marks on the road.
In West Virginia, drivers are required to report any car accident that results in injury, death, or at least $1,000 in property damage. Most car accidents fall into one of these categories, so also make sure you report the accident to police. Locate witnesses while you are still at the scene and ask for their names and contact information. Lastly, exchange names, contact information, and insurance details with all other drivers involved.
If you have not received medical attention while on the scene, visit a hospital as soon as you leave it.
This is an important step even if you believe you were not injured or you think your injuries are very minor. Many injuries do not show symptoms right away and the adrenaline from the crash can mask the symptoms that do appear. A doctor can examine you, identify all injuries, and begin treatment for them. This is critical to your health and well-being, but it is also important for any future insurance claim or lawsuit you may file.
What to Expect if You Settle After a Car Accident
You should report the accident to the police as soon as possible after a crash, even if law enforcement does not arrive at the scene. You should also report the accident to your own insurance company, even if you were not at fault for the accident. Most insurance policies require you to do this. When someone else’s negligence caused the accident, you can also file a claim with their insurer to obtain compensation.
Before contacting the insurance company representing the liable party, it is important to contact a West Virginia car accident lawyer. After contacting the insurer, an adjuster will contact you to try and settle your case. The priority of insurance adjusters is to settle claims for as little as possible to protect the insurer’s profits. The initial settlement offered will not be enough to fully cover your injuries and other losses.
Your lawyer will enter into negotiations with the insurance company. They will counter-offer the insurance company’s initial offer and this exchange will continue until a fair settlement is reached.
Reaching a fair settlement can take anywhere from several weeks to several months. Unfortunately, insurance companies do not always negotiate in good faith. If the insurer refuses to offer a fair settlement, you may have to proceed with a lawsuit. Fewer than five percent of car accident cases get to this point, but it is sometimes necessary to recover the fair damages you deserve.
What to Expect During a Car Accident Lawsuit in West Virginia
If you are unable to resolve your car accident case through an insurance claim, you can file a lawsuit against the insurance company or the liable party. In West Virginia, you have two years from the date of the crash to file a lawsuit. If you do not file a lawsuit within this time, you will lose your right to claim any compensation at all. This is the statute of limitations and while there are exceptions to the law, they are limited. It is important to contact an attorney and begin the claim negotiating process as soon as possible, so that evidence collection and negotiations can occur before the statute of limitations requires that a lawsuit be filed.
The lawsuit process begins when you file your complaint with the court. The other side will then have between 20 and 30 days to respond to your complaint. The other party may also file a motion to dismiss the case, even if there is no valid reason to do so.
If the lawsuit proceeds, it will then enter the discovery phase. This phase generally takes the longest in any lawsuit. During discovery, each side exchanges information with the other. This can be done through requests for more information, depositions, interrogatories, and requests for production of documents. During the discovery phase and, at any point up until a judge or jury reaches a decision, negotiations are ongoing and a settlement can be reached.
If the jury decides in your favor at trial, your attorney will receive a settlement check and will then distribute the funds. Before a settlement check is issued, the liable party may decide to appeal the case, which will result in a longer delay.
The lawsuit process can take anywhere from six months to one year or longer. The amount of time your lawsuit takes will depend entirely on the facts of the case. It is important to remain patient, as it may be the only way to obtain the full and fair compensation you are entitled to.
Our Car Accident Lawyers in West Virginia Can Help with Your Lawsuit
If you have not contacted a West Virginia car accident lawyer before entering the lawsuit phase of your case, you must speak to someone right away. At Kaufman & McPherson, our West Virginia car accident lawyers can guide you through the process and fight for you so you obtain the full damages you rightfully deserve. Contact us to schedule a consultation and to learn more about how we can help.
