No matter how or where they occur, car accidents can be catastrophic and even life-altering. Car accidents can be particularly challenging because so many variables are at play. Some of these variables include the size of your car, its crash test rating, what kind of accident you were in, whether another party was involved, and what type of vehicle they have. While those are only some variables to consider, the damage and effects on your life remain. Because the compensation process can be complicated, you may require additional legal assistance. This article will discuss this process and what you can do to improve the chance of success on your claim.
Trusted West Virginia Car Accident Attorneys
Car accidents do not seem terribly complicated at face value: an accident has occurred, insurance pays to get your car repaired, and it is back to life as usual. However, this is rarely how the aftermath of a car accident proceeds.
Depending on the circumstances of your accident, you may have to fight with your insurance or the other party’s insurance to receive necessary medical care or even have your vehicle fixed or replaced. If your accident is severe, it may be necessary to bring a personal injury claim against the person or people involved in your accident to receive the compensation and assistance you need.
Handling the aftermath of a vehicle accident on your own without the knowledge and experience required can have adverse effects on the assistance you receive from your insurance or the other party’s insurance, as well as the compensation you may receive after the accident. When you need experienced car accident representation, it is crucial that you hire a car accident attorney. An experienced car accident attorney can help you navigate the complicated legal process to help you get the assistance and compensation you need. Salango Law auto accident attorneys understand the law and procedure and are ready to represent you. To learn more or schedule your initial case consultation, call us at (304) 342-0512 or visit us on our website today.
Automotive Accident Process
Depending on the accident’s severity, you may need to take several steps first. First and foremost, if you have sustained a severe injury, you should seek medical attention as soon as possible. The benefit to seeking medical attention for these injuries is that there will be official records of that treatment, which may prove vital when dealing with insurance companies (yours or the other party’s) or if legal action is required. Even if legal action is not immediately required, hiring an car accident lawyer is beneficial to assist you with the claims process and build a case in advance of potential litigation.
Report The Accident
After an accident has occurred, no matter how serious, it is essential that you call the police to ensure that there is documentation of the accident. The police report will contain vital information and evidence collected soon after the accident that you may need when making vehicle damage or medical care claims.
Submit Auto Insurance And Medical Insurance Claims
In West Virginia, car insurance claims are based on fault. This means the responsible party’s insurance will pay for repairs to your vehicle or the medical attention you require resulting from the accident. However, this process is not as straightforward as it appears. In most cases, insurance companies will attempt to limit your recovery as much as possible. Although you and the other driver pay for insurance coverage, insurance companies still attempt to pay as little as possible to maintain their bottom-line profits. If the fault cannot be readily determined, you may need a lawyer to assist you. If the claims cannot be resolved between the insurance companies or they want to deny your claim, an attorney will be essential to ensure that your claims are appropriately addressed.
The most important part of the automobile accident process is determining who is at fault. Whether the fault determination process occurs between insurance companies or in litigation, fault determinations will dictate what, if anything, you will receive as compensation after the accident. Determining fault can be complicated and affected by a multitude of factors. For example, suppose the other party is a truck driver for a shipping company. In that case, you may face a team of experienced insurance defense attorneys who will stop at nothing to ensure that your claims are not successful. While the process may be less complicated in some cases, you may still face denials of responsibility from the other party’s insurance or yours for damages to your vehicle or injuries you have sustained.
What Happens If Insurance Denies My Claims?
Regardless of the insurance company denying your claims, you still likely require assistance fixing or replacing your vehicle or paying for injuries resulting from the accident. When these claims have been denied, it is essential that you hire an experienced auto accident attorney to represent you. If your claims have been denied, you will have to file a civil suit with the court. The lawsuit will have to name the parties involved and their insurance companies to ensure that you are compensated fairly. This process is complicated and requires extensive legal knowledge to be successful. Hiring an auto accident attorney can help you protect your rights and receive the compensation you deserve.
Summons And Complaint
After your insurance claims have been denied, you must file a civil suit against the driver, other involved parties, and their insurance companies to begin the compensation process. The first step is serving the summons and complaints on the parties involved to initiate the process. Complaints must abide by court rules of procedure. These rules require that the complaint specify the names of the parties involved, the claims you allege against those parties, essential information about how those claims occurred, and the remedy you seek from the court for those claims to be effective. You must also include a summons with the complaint, a legal document putting the defendants on notice that they are being sued.
Discovery is the process of obtaining information to support your claim. While your attorney gathers some evidence, the other party to the case must supply other evidence. Your attorney will send requests for information such as interrogatories, admissions, or document production to build your case. You might also have to participate in a deposition, where each party’s legal counsel interviews the people involved and witnesses.
Settlement Or Trial
You may engage in settlement negotiations or go to trial, depending on the case. There is no way to tell whether your case will end in settlement or trial. As you complete the discovery process, you and your attorney will evaluate the best option.
A settlement involves parties agreeing to end legal proceedings in exchange for compensation or other benefits. In some cases, insurance companies will offer you a certain amount of money in exchange for discontinuing the case. Sometimes the terms of the settlement are sufficient to justify ending the case. Depending on your objectives, a settlement might be best for you. With the help of your attorney, you can identify what you would need from the opposing parties to accept such a settlement. It is important to remember that settlement may not occur. This is often a decision between the parties and entirely depends on the facts and objectives of the current case.
If there is no settlement agreement, you may have to go to trial. At the beginning of the legal process, you and your attorney will have decided whether to request a jury trial or not. If you request a jury trial, your case will go before a jury for a decision. A judge will decide your claims and make a ruling if a jury is not required. At trial, both parties will make their case for compensation based on the law and the facts.
An Experienced Car Accident Attorney May Benefit Your Claim
Whether you resolve your claims with the insurance companies in or out of court, these procedures can be complicated and take time. An experienced car accident attorney can help you navigate the legal process and provide you with assistance and counsel on how you should proceed. Decisions like going to trial or accepting a settlement offer can make all the difference in the compensation or assistance you need. An experienced Salango Law auto accident attorney can help you make the best decision and receive the compensation you deserve.
Car Accident Attorneys In West Virginia
When you need skilled and dedicated representation on your auto accident claims, a Salango Law automobile accident attorney can help. Salango Law auto accident attorneys can help you navigate the legal process and obtain the best result for you. To learn more or schedule your free case consultation, call us at (304) 342-0512 or visit us on our website today.