Seeking Justice and Compensation After An Auto Accident
After any car, truck, or motorcycle accident your focus should be on healing and making as full a recovery as possible — not worrying about a legal claim or dealing with the insurance company. At Farmer, Cline & Campbell, PLLC, your personal car accident lawyer will handle all aspects of your legal claim so that you can focus on you and not the hassle of an insurance claim. While we are fighting for justice and standing up to large insurance carriers on your behalf, you can concentrate on the healing process, putting your life back together, and being there for your family.
Our personal injury lawyers have successfully represented thousands of people injured in truck, and motorcycle and car accidents on West Virginia’s roads. Contact our law firm to schedule a free consultation today.
We have the resources and experienced attorneys to resolve your car accident claim. Following are some of the types of cases we’ve handled:
After a car accident or other motor vehicle accident, your focus should be on making as full a recovery as possible. At Farmer, Cline & Campbell, PLLC, your personal car accident lawyer will handle all aspects of your legal claim so that you can do just that. While we are fighting for justice and standing up to large insurance carriers on your behalf, you can concentrate on the healing process and being there for your family.
Our personal injury lawyershave successfully represented thousands of people injured in automobile and car accidents on West Virginia’s roads. Contact our law firm to schedule a free consultation today.
In addition to helping you understand all of your options if you have been hurt in an auto accident or lost a loved one in a fatal car accident, we will take the time to answer all of your questions regarding your situation.
Why hire a Farmer, Cline & Campbell, PLLC Car Accident Lawyer? Four good reasons.
Experienced Guidance From Trusted Car Accident Attorneys
Our team of attorneys considers all possible insurance coverage that may apply to your claim, including liability and excess liability coverage, uninsured and underinsured motorist coverage, medical payments coverage, and whether there is coverage for punitive damages. We know the law and how to make sure the insurance company follows the law. We leave no stone unturned in our quest to get every accident victim a full recovery after a car wreck or an accident with another type of motor vehicle.
What happens during a car accident lawsuit?
Many motor vehicle accident claims can be resolved without filing a lawsuit. However, sometimes a lawsuit is necessary, especially if the insurance company isn’t treating you fairly.
A lawsuit begins with the filing of a Complaint which places the at-fault driver and/or his or her company on notice of what they did or failed to do, which resulted in your injuries or the death of your loved one. After we file the Complaint, the responsible party (referred to as a “Defendant”) is provided with a short time period (20 to 30 days) to respond to the allegations by either admitting or denying the claims. After the Defendants file their answer, the Court will typically set deadlines for the litigation.
The first stage of litigation is called discovery. The parties provide or exchange information and documents, which could be used as evidence later in the process. Then, the parties begin to take depositions which is simply testimony under oath of the parties, witnesses, and medical providers. The parties will then disclose expert witnesses and take depositions of those experts.
Near the end of the discovery period, it is common for various motions to be filed and for the parties to meet for a mediation which is simply a meeting in which a third-party mediator will try to help the parties reach a resolution or settlement. If the case does not settle, it will proceed to trial, unless a settlement is reached before the trial.
Although the litigation process may be slow and long, most cases settle prior to trial. If the case does not resolve, trials can last anywhere from a day or two to weeks depending on the complexity of the legal claims. After the verdict is rendered at trial, if either side believes that trial court judge made some error, an appeal is possible, which can delay a resolution further.
This has been a general explanation. As each case is unique, it is important that you speak with an experienced motor vehicle accident attorney to fully understand the insurance claim and litigation process. An experienced attorney will know how to build your case and present the strongest evidence aimed at getting you a fair recovery.
How can I be sure if I have an auto accident claim or lawsuit?
In general, if you suffered injuries or if your loved one was killed because of the negligent or reckless actions of another driver, you likely have the right to file an insurance claim and, if the case does not resolve, a lawsuit. However, it is crucial to discuss your situation with an experienced car accident lawyer as the law can be complex and there are typically exceptions to every rule. For instance, in some cases, the other party may be immune from liability. While this is not common, it is an example of why it is important to talk to an experienced attorney who understands the law and can advise you of your rights.
Many folks who are injured are contacted within days by the other driver’s insurance company. The insurance company adjuster will try to get you to provide a recorded statement and will ask you to sign a document that will allow the insurance company to obtained your medical records and bills. It is generally a good idea to talk to an experienced attorney prior to speaking with the other driver’s insurance company. It is important to note that you are not required to provide a statement to the other driver’s insurance company and if you decide to hire an attorney, that attorney will want to be with you during any such statements and your attorney will want to collect your medical records him/herself, prior to turning them over to the insurance company. Your own automobile insurance company may have a right to take a statement from you. Thus, it is important to speak with an experience attorney to better understand your rights and responsibilities.
How long do I have to file a car accident claim?
All personal injury claims In West Virginia are governed by a statute of limitations which is time period for which you may assert your legal claim. If you do not resolve your claim prior to the end of that time period, a lawsuit must be filed or else your claim may be barred. For most motor vehicle accident claims where an adult is injured, the accident victim has two years to resolve the claim or file a lawsuit, or else the claim is barred. This general rule is subject to certain exceptions. For instance, claims involving minors are subject to a different statute of limitations. As claims filed outside of the statute of limitations will be precluded, it is important to talk to an experienced attorney soon after your accident so that you can be fully aware of what time limitations apply to your case. The law can be complex. The earlier you speak to an attorney the better as many attorneys or law firms will not get involved in a case if the statute of limitations is only a couple months away.
How long will my car accident claim or lawsuit last?
Although a car accident insurance claim and/or lawsuit includes a well-defined process, the duration of each step in the process can vary from case to case and some claims/cases get delayed for various reasons.
Typically, it is not advisable to settle your claim until you have completed medical treatment or reached what the doctor’s call maximum medical improvement (“MMI”). However, there are exceptions to the rule. Once you have completed treatment or reached MMI, your attorney will collect your medical records and bills, documentation of your lost wages, and other evidence in order to present your claim to the insurance company. The negotiation process can take weeks, if not months. If a settlement cannot be reached, your attorney may seek your permission to file a lawsuit against the person or company that caused the accident.
A lawsuit begins with the filing of the Complaint. Once the lawsuit is filed, the Court will set a trial date which depends on the Court’s docket, but is typically somewhere between twelve to sixteen months later. There are many deadlines along the way and multiple opportunities to attempt to settle the claim prior to the trial date. The assistance of a car accident lawyer is vital to protect your interests at all times, including negotiating and advocating for your best interests before an insurance company.
An experienced attorney will also help you try to expedite the process when possible, as they know the lawsuit process and applicable requirements. However, some insurance companies will try to limit your recovery until they know that you are serious about taking your case to trial. That is why it is important that you hire a firm with trial experience so that the insurance company knows that you mean business and are not afraid to go the distance.
Is it worth getting a lawyer for a car accident?
It is always advisable to at least talk to an attorney so that you better understand the process and, in most cases, your claim is best presented by an experienced attorney. An attorney can help you preserve the evidence you need to prove your case, and knows how to negotiate with the insurance company in order to get you fair compensation for what has been taken away from you as a result of a motor vehicle accident.
In addition to compensation for medical injuries and treatment and lost time from work, you may be entitled to other types of compensation as an accident victim, including noneconomic damages like pain and suffering. In rare cases, you may be entitled to punitive damages if the Court or the jury find clear and convincing evidence that the defendant was not just negligent, but acted with actual malice or a conscious, reckless, and outrageous indifference to your health, safety, and welfare.
At Farmer, Cline & Campbell, PLLC , we can evaluate your case in a free initial consultation. You have nothing to lose and, if nothing else, you will gain a great deal of information about the process and what an experienced motor vehicle accident attorney can do to help.
More questions about what to do after a car crash? View our guide and then contact us to get the answers you need about your car accident claim.
We Prepare Every Personal Injury Case To Win In Court
Most car accident cases do not go to trial. However, insurance companies rarely offer a complete settlement unless they believe they would lose in court. That is why we proceed in every car accident case with the expectation of going to trial. From the beginning, we will investigate your accident, gather evidence of your injury and develop a comprehensive case strategy. We may:
- Identify and question witnesses;
- Download the cars’ black box/crash data recorder to discover information about the speed of the vehicles, braking, throttle, etc.;
- Use accident reconstruction experts to offer evidence of the car crash and vehicle damage; and/or
- Use medical experts to show the extent of your injury, rehabilitation and lifelong impacts.
After we gather evidence from your car accident, we will vigorously negotiate with the insurance companies on your behalf. If they do not agree to pay a fair settlement amount, we know our way around the courtroom.
Do not settle for less than your claim is worth. Talk to a seasoned car accident personal injury attorney before you talk to the other driver’s insurance company.
We Take the Bother of the Insurance Companies Off Your Hands
Farmer, Cline & Campbell, PLLC
has experienced lawyers and licensed insurance claim adjusters who understand how insurance companies think when they evaluate claims. For example, our former insurance company claims adjusters will work with our attorneys to gather information and prepare your claim to be submitted to the involved insurance companies. All of our employees are on the frontline. They know what information leads to a successful claim, and they will work hard to find it in your case.
There may be multiple layers of insurance coverage applicable to your claim, such as medical payments coverage from your own insurance, liability coverage from the at-fault driver’s insurance and uninsured motorist or underinsured motorist coverage (paid b
by your own insurance when the other driver does not have car insurance or enough insurance to pay your claim). An experienced motor vehicle accident attorney will seek all available coverages.
Figuring out which insurance companies should pay for your car accident injuries means determining who was negligent. We look to a number of sources to show fault, including police reports, accident reconstructions, vehicle crash data recorders/black boxes, state traffic laws and witnesses to the car wreck. If the other driver was negligent and/or reckless in causing the accident, we can help you recover compensation for your injuries from the involved insurance companies.
Get A Free Consultation With A Car Accident Lawyer
Our West Virginia car accident attorneys are responsive, accessible and committed to providing the personal service you and your family deserve. To schedule a free initial consultation with a car accident attorney, call us at 866-587-0167. From our offices in Charleston, Beckley and Morgantown, we fight for injured clients across West Virginia.