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An accident is an unexpected, unplanned, and unintended event that usually results in physical injury, property damage, or loss. Even though all kinds of regulations and devices exist to prevent accidents, they still happen.
When they do occur, you don’t always have yourself to blame. An accident can be caused by another person’s negligent actions.
When that happens, you shouldn’t be saddled with all the subsequent financial burdens. That is what liability insurance is for. We are mandated to carry liability insurance for our cars. Lenders often contractually require that we insure our homes. Most businesses carry it as well. Insurance can help us get back on our feet when accidents happen.
However, getting approval for a liability claim is not automatic. You can’t merely say that someone caused you harm. You have to prove that with evidence and, in many cases, expert testimony.
Forbes Law Offices PLLC is a team of seasoned attorneys dedicated to helping injured clients receive a fair settlement to cover all their losses. Our experience as Charleston personal injury lawyers has helped many folks recover out-of-pocket expenses, replace damaged property, and make up for lost wages.
What types of personal injury claims can we help with? All of them. Here’s the complete list:
Although they might fall into the same category, each personal injury claim is unique.
When we agree to take on a new claim, we’ll develop a comprehensive strategy to help us secure the maximum benefits allowed.
Negligence occurs when a person or business fails to act with reasonable care to prevent harm. This is different from an intentional act. For instance, someone in a fit of road rage who intentionally hits your car would not be considered negligent, but they would still be liable for damages. The same can be said if you are assaulted in a bar.
When the attorneys at Forbes Law Offices examine the merits of a personal injury claim, we look at the four key elements that we must prove:
Those elements are connected and need to be proven by a preponderance of the evidence.
There will always be two sides to every accident story. Determining who is presenting the accurate version depends on the evidence you and your attorney can present. That evidence also depends on which type of personal injury claim you’re pursuing.
Here’s what needs to be gathered:
If the accident that caused your injury has a police response, there will be an official report. Although that report will be strictly based on the responding officer’s observations, it can become a strong foundation for proving negligence.
These reports typically include:
In addition to the photos you might take of the accident scene and your injuries, there may be other available visual evidence that is equally compelling.
This includes:
When you do not own the visual evidence, it will have to be obtained immediately with the support of a lawyer, who will send out a spoliation letter that halts any destruction of digital files.
It is important to provide medical documentation that connects your injuries directly to the accident. Whether you have been involved in a car accident or a slip and fall in a grocery store, you want to obtain copies of all your medical records. That can help establish a direct link between the accident and your injuries.
These records include:
Independent witnesses can provide unbiased accounts of the accident. Their testimony may confirm who caused the crash and support your version of events. That helps strengthen your credibility while countering insurance company defenses.
Attorneys often interview witnesses early to preserve their statements.
Complex claims often turn on expert testimony. In medical malpractice, West Virginia law requires it before you can even file.
Under W. Va. Code § 55-7B-6, you must serve each health care provider with a notice of claim and a screening certificate of merit at least 30 days before filing suit. That certificate is sworn to by a qualified health care provider who has no financial interest in your case, and it has to state the following:
If you skip this step, your case could get dismissed before anyone considers the merits.
Car accident claims use experts differently. A reconstruction specialist works backward from skid marks, vehicle damage, and event data recorder downloads to establish speed, points of impact, and which driver’s choices caused the crash.
Our attorneys know which experts a claim needs and the procedures required to get their findings admitted. You don’t have to play detective when our investigators are on the job.
Having insurance prepares you for the unexpected, but it doesn’t mean you know what to do after an accident. Do you call your insurance company if someone else is at fault? Yes, because the other person might be making a claim against you.
There are some other potential mistakes you might make that can unknowingly weaken your claim.
For instance, if you wait too long to seek medical care, the insurance company could assert that your injuries aren’t as severe as you make them out to be. Additionally, if you give a recorded statement to an insurance adjuster, you might inadvertently say something incriminating. That recording can be used as evidence against you.
Your posts on social media about the accident can also be used against you if they show you enjoying various events. Again, it can mean that you’re not suffering as much as you claim. The same holds true if a friend “tags” you in a social media post.
Finally, accepting an early settlement offer can work against you if you don’t know the full extent of your injuries. Of course, you don’t want to be burdened with all your financial losses, but you also don’t want to find yourself in a situation where you need additional physical therapy or discover you can’t return to your job at the same pay rate.
These are all considerations that you’ll want to discuss with Forbes Law Offices.
We can provide the guidance you need to make the right decisions about your claim and help you avoid mistakes.
When you file a personal injury claim, you’re going to get a crash course in how insurance companies operate. Some are straightforward and recognize when their policyholder is at fault. They will then offer compensation that is based on what you ask for. That is the ideal outcome.
However, if the insurer disputes liability or minimizes the severity of your injuries, things can get complicated. When there is a genuine impasse, we might recommend filing a civil complaint.
Yes, this is an official lawsuit, but filing doesn’t automatically mean you’ll go to trial.
Once you file your case, a judge will be assigned to your case and will begin scheduling hearings based on the court’s availability. The insurance company will also be notified of your intention to present your evidence and testimony to a jury. When it is clear that you’re not backing down, you might discover that an insurance company is suddenly open to a settlement.
If they do insist on moving forward, our attorneys will be prepared. We’ll expand the evidence with visual representations of the accident and your injuries. We can call on expert witnesses to testify in support of your claim. We’ll also be prepared to knock down any defense assertion from the insurance company.
Bottom line: We’ll be fully prepared to see this claim through to the finish.
Of course, we’ll always keep the door open for a settlement offer and will present it to you for consideration. We’ll weigh the options together to see if this is the best outcome.
You should never accept anything that isn’t fair.
The attorney you choose can have a significant impact on the outcome of your personal injury claim. You should look for a law firm that understands West Virginia tort laws and has experience negotiating with insurance companies. You also want a team that will be fully prepared to take the case to court when necessary.
This is exactly what Forbes Law Offices provides for our clients.
We begin every personal injury case with a thorough investigation of the accident and a careful evaluation of your damages. Our attorneys move swiftly to preserve evidence and identify all potentially liable parties.
Whether your case involves a motor vehicle accident, premises liability, workplace injury, or another serious accident, the goal is to pursue the maximum compensation that you’re entitled to.
Our track record of success is proof that we have the skills and experience necessary to prevail in all types of personal injury claims. Rather than treating your claim as just another case file, Forbes Law Offices keeps you informed and handles all the communications with the insurance company so you can focus on your recovery.
If you or someone you love has been injured because of another person’s negligence, don’t wait to file your claim. Contact Forbes Law Offices today to schedule a free consultation.
We can discuss your case and answer your questions about what should happen next. With your family’s future at stake, you don’t want to wait to discuss your options.
Call us or fill out the form below to tell us about your potential case and a
personal injury lawyer will get back to you as quickly as possible.
