How to File a Personal Injury Claim
If you have been injured in an accident due to another person’s reckless actions or negligence, you may be able to file a personal injury claim. This would give you the opportunity to recover compensation for the losses and damages you have suffered.
You may file your injury claim at any time after the accident so long as it is within the statute of limitations, which is the legal timeframe in which you can take legal action. In West Virginia, the statute of limitations is two years from the date on which the accident occurred or that symptoms of your injury first began showing.
An injury claim checklist
Below is a brief step-by-step guide of how you will proceed if you determine that filing an injury claim is the best course of action for you:
- Contact an attorney: You can benefit from working with a lawyer in just about any case, even for injury claims that might appear to be open and shut. A personal injury attorney can help you maximize the amount of money you stand to recover while helping you through the occasionally complex paperwork and claims processes.
- Decide if you will file a lawsuit: Will you simply file a claim with your insurance company (or the other party’s insurance company), or will you file a personal injury lawsuit against the negligent party? This depends mostly on the circumstances of your case and the extent of your injuries. An attorney can help you with this important decision.
- Send the required paperwork: If you are filing a claim with an insurance provider, you will need to send a notice of claim that includes information such as the date of the accident, a rundown of your injuries and your intent to pursue compensation. The process for filing a personal injury lawsuit involves more legal paperwork and court hearings.