Filing a personal injury claim can feel overwhelming, particularly when faced with a physical and emotional injury after an accident. As an injured victim, you may be unsure how to protect your right to compensation.

Whether you suffered an injury in a bike accident, a slip and fall accident, or a construction accident, you should understand the legal aspects of a claim to improve your chances of securing fair compensation.

In addition to initiating a claim against the at-fault party, you must demonstrate how the negligent actions of the at-fault party contributed to your losses. You should, therefore, work with a legal professional who can guide you after an accident. A personal injury lawyer can investigate the accident, gather evidence, negotiate with insurers, or litigate the claim to maximize your settlement value.

How Do I File a Personal Injury Claim

Filing a personal injury claim can feel like a daunting process, but you can initiate a successful claim with the guidance of a legal professional.

Here are the steps involved in filing a personal injury claim in West Virginia:

• Seek Medical Attention: Make sure to seek medical attention for any injuries sustained due to the accident. A healthcare provider can discover hidden injuries, initiate a treatment plan, and document the process. A personal injury lawyer can use health records to prove the extent of your injury and support your compensation claim.
• Gather Evidence: You need evidence to build a strong case against the negligent party. You can prove a personal injury using photographs of the accident scene, witness statements, police reports, and any other documentation related to the incident. The more evidence you have, the stronger your case will be.
• Consult with an Attorney: You should seek legal advice from a personal injury attorney before filing a claim. An experienced personal injury attorney can evaluate the facts of your case and determine if you have a case against the at-fault party. Having a personal injury attorney by your side can increase your chances of a successful claim.
• File a Claim: Your personal injury lawyer will assist in preparing and submitting the claim to the appropriate insurance company or court. They will also handle negotiations and fight to maximize your settlement value.
• Prepare for Litigation: Your claim will likely proceed in court if you can’t settle with an insurance provider. A personal injury lawyer will guide you through the litigation process, representing you in court and fighting for the compensation you deserve.

How Long Do I Have to File a Personal Injury Claim in West Virginia

In West Virginia, the statute of limitations for personal injury cases is generally two years from the date of the injury. Therefore, injured victims have a limited time to file a lawsuit seeking compensation for their injuries.

If you fail to file your claim within the two-year statute of limitations, you may lose your legal right to compensation. The court may dismiss your case if you initiate it after the deadline, leaving you unable to pursue the compensation you deserve.

You should speak with a knowledgeable personal injury attorney as soon as possible after your injury to ensure that your claim is filed within the required timeframe. They can also inform you of other legal timelines so you don’t lose your right to compensation.

How Are Personal Injury Claims Calculated

The estimated value of a personal injury claim can help decide whether to take legal action against the negligent party.

There are four methods that lawyers use to determine the value of a personal injury claim:

Summation of Economic Damages

Economic damages have a direct dollar value, making calculating their value easy. For example, you can add medication costs, ambulance fees, a physician’s bill, and diagnostic charges to arrive at the medical expenses damages.

Multiplier Method

An insurer of a personal injury attorney can use the multiplier method to estimate the value of non-economic damages. The process involves multiplying your economic damages, including medical expenses or lost income, by a factor typically ranging from 1.5 to 5.

Some of the factors that influence the value of a multiplier include:

• Severity of injury
• Length of recovery time
• Impact of injury on your daily life
• Psychological or emotional distress
• Credibility of medical evidence
• Clarity of liability

For example, a spinal cord injury can have a higher multiplier value, meaning the injured victim is likely to receive a high settlement value for pain and suffering, emotional anguish, or reduced quality of life.

Per Diem Method

Under the per diem method, a specific dollar amount is assigned for every day you experience pain and suffering or emotional anguish. The time you experience these non-economic damages is also a factor in determining the settlement value.

A personal injury lawyer will negotiate with the insurance company or argue in court to establish a fair daily rate based on the extent of your suffering.

Damage Formula Method

This method involves adding up all your economic damages and then applying a multiplier based on the severity of your injuries. While the multiplier concept is similar to the first method, the damage formula method provides a more detailed breakdown of obtaining a fair settlement value.

How Much Is My Personal Injury Claim Worth

There is no average value for a personal injury claim. The outcome depends on the facts and circumstances of the injury. Here are the factors that influence the value of a personal injury claim:

Severity of the Injury

The severity of an injury can determine if you’ll receive a higher or lower settlement value. The more severe the injury, the higher the potential value of your claim. Serious injuries often require extensive medical treatment, rehabilitation, and may result in long-term or permanent disability.

For example, a motorcycle accident victim who sustained a cut is likely to receive a lower settlement value compared with a counterpart with a traumatic brain injury. Severe injuries also demand a higher settlement value because of the long-term impact of the injury.

A personal injury lawyer can use medical records to demonstrate the injury’s severity and support your compensation claim.

Shared Liability

In West Virginia, shared liability means multiple parties can be held responsible for an accident. For example, if you were hit by a speeding car while texting and driving. You and the other driver may share liability for the damages incurred.

This concept of shared liability can determine the value of your personal injury claim. A West Virginia personal injury attorney knows the local and state laws. They will use evidence to build a strong case and protect you from being unfairly blamed for the crash.

Insurance Coverage of the At-Fault Party

In most cases, the at-fault party’s insurance coverage is the source of compensation for the injured victim. Therefore, the insurance coverage limit of the at-fault party can influence the value you receive for your losses.

An at-fault party with a minimum insurance coverage limit or with no coverage can restrict the ability to recover for your losses. A personal injury lawyer can explore alternative sources of compensation, including underinsured/uninsured coverage or litigating the case in court.

Legal Representation

Although many injured victims obtain compensation from the insurer of the negligent party, some cope without financial support. Having a personal injury attorney by your side can influence the outcome of your claim.

Here’s how legal representation can influence the value of your claim:

• Establishing the Value of Damages: A skilled attorney can help assess the full extent of your damages to allow you to negotiate from an informed approach. They have the skills to calculate the value of your claim to avoid leaving money on the table when speaking with insurers.
• Negotiating with Insurers: Insurance companies often try to settle for the lowest possible amount in personal injury cases. An experienced personal injury attorney knows how to deal with insurers to secure a fair settlement that reflects the damages you have suffered. Their negotiation skills can enhance your chances of recovering from injury-related losses.
• Representation in Court: You may need to file a personal injury lawsuit if an insurer has rejected your claim. Having a personal injury lawyer experienced in litigation can be invaluable in presenting your case effectively before a judge and jury. A personal injury lawyer will present compelling evidence, present evidence, and argue your case to maximize your settlement value.

Can I Get Compensation for Personal Injury

You can file a personal injury claim or lawsuit to obtain compensation for your injury-related losses. Some of the damages you can receive in a personal injury claim include:

Medical Expenses

Medical expenses are often the most significant part of a personal injury claim. These expenses include hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and other medical treatments related to your injury.

You can seek compensation to cover past and future medical costs resulting from the accident.

Lost Income

If your injury has caused you to miss work or has limited your ability to earn a living, you may be entitled to compensation for lost income. These damages can include income you have already lost and potential future earnings you will miss out on due to your injury.

A personal injury attorney can use the following to prove your claim for lost income:

• Tax returns
• Pay stubs
• Bank statements
• Profit and loss statements
• Invoices
• Letter from your employer
• Medical records

Out-of-Pocket Expenses

Out-of-pocket expenses are another category of damages you can claim in a personal injury case.

These expenses can include transportation costs for medical appointments, home modifications to accommodate your injury, co-pay, or any other expenses directly related to your injury that you would not have incurred if the accident had not happened.

Loss of Enjoyment of Life

Loss of enjoyment of life is a form of non-economic damages for which you can pursue compensation. Loss of enjoyment of life damages accounts for the impact of your injury on your ability to participate in activities you once enjoyed.

Whether you can no longer engage in hobbies, recreational activities, or spend time with loved ones, you can pursue compensation for reduced quality of life.

Loss of Companionship

In cases where the injury has affected your relationships, you may also seek compensation for loss of companionship. Loss of companionship may include your injury’s negative impact on your relationship with your spouse, children, or other family members.

A personal injury attorney can prove loss of companionship damages using:

• Testimony from spouse or family members
• Medical records
• Expert testimony
• Psychological evaluations

Emotional Anguish

You can find it challenging to cope with the emotional trauma of an accident and the resulting injuries. For example, you may suffer from depression if the events leading to the accident were traumatic.

Compensation for emotional anguish can help access mental health services, counseling, or therapy to address the psychological impact of the accident on your life.

Permanent Disability

In cases where the injury has resulted in permanent disability or disfigurement, you may be entitled to compensation for the long-term consequences of your injuries. Permanent disability/disfigurement damages can help cover the costs of ongoing medical care, rehabilitation, and any necessary accommodations to support your new way of life.

You can also pursue compensation for loss of earning potential if a permanent disability has prevented you from resuming your previous job.

Secure the Compensation You Need to Recover the Injury

Your finances are likely to worsen after sustaining an injury in an accident. For example, a hip fracture after a slip and fall accident can keep you out of work for months, leading to lost income.

Although you may be entitled to compensation for your injury-related losses, the negligent party’s insurer may reject your claim or make a low settlement value that can’t support your recovery.

A personal injury attorney can use evidence to demonstrate the nature of your losses and fight tirelessly for a fair settlement value. Get in touch with a legal professional to fight for the deserved compensation.

Jeff Robinette( West Virginia Personal Injury Attorney )

Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.