When it comes to collisions and their insurance claims, West Virginia is a tort state. In other words, the at-fault party is financially responsible for damages that may result. Of course, even when the law is on your side, the claims process can be complicated. Fortunately, you do not have to navigate it alone. A strategic auto accident attorney from Sanders Austin & Flanigan can guide you through the proceedings and answer your questions every step of the way, including the following.  

FAQ on Personal Injury Claims 

1. Do You Need to Hire a Lawyer?

Although it is possible to file a claim without the help of an auto accident attorney, the help of a skilled negotiator will ensure you secure a sizable settlement. An injury lawyer will also gather proof of liability and track all damages on your behalf so you can focus on recovering.  

2. How Long Do You Have to File a Claim?

In the state of West Virginia, accident victims typically have two years to file a personal injury claim following a motor vehicle collision. Since there are exceptions to this statute, though, it is wise to call an auto accident attorney as soon as possible. If you want to sue a local municipality, for example, you may only have a matter of months to notify the government entity of the claim. 

3. Can You Recover Compensation Even If You Were Partially at Fault?

West Virginia has a comparative fault system, which means accident victims can still recover compensation even if they were partially liable for the collision. As long as you were less than 50% at fault, you can secure a settlement to cover some portion of the damages incurred. 

4. What Damages Can Be Included in the Settlement Negotiations?

In regard to compensatory damages, claimants in West Virginia can recover funds for both economic and non-economic damages. This includes medical expenses, lost wages, auto repairs, emotional distress, and pain and suffering. In certain cases, accident victims can also recover punitive damages. 

5. How Soon Should You Start the Claims Process?

You will not know the full extent of the damages until you reach maximum medical improvement. However, it pays to call an auto accident attorney as soon as possible after a wreck. A lawyer will compile any time-sensitive evidence—like surveillance footage and black box data—as well as ensure the claim meets critical deadlines.

6. What Kind of Evidence Will Contribute to a Strong Claim?

Many strains of proof contribute to the strength of a car accident claim. This includes eyewitness testimonies, photographs of the scene, official police reports, dash cam footage, and statements from specialists, like accident reconstruction experts. 

7. How Long Does It Take to Settle a Claim?

Every personal injury claim is different, but they all follow the same basic proceedings. Variables that affect the length of each particular stage include the severity of the injuries, the strength of available evidence, and the insurance adjuster’s willingness to accept liability. In general, it can take between three and nine months to settle a claim. If the case goes to court, it may take a bit longer.   

If you were hurt in a collision involving a reckless motorist, an auto accident attorney from Sanders Austin & Flanigan will help you pursue a fair settlement. This law firm has been representing clients throughout Princeton and the surrounding areas for more than 100 years. As one of the oldest practices in Mercer County, they have extensive experience in a variety of practice areas, including family law, criminal defense, and Social Security law. Visit their website or call (304) 425-8125 to schedule a consultation with an auto accident attorney today.