There are two aspects to every personal injury case: liability and damages.
Liability concerns who was at fault for the incident that resulted in your injuries. If you file a lawsuit as a person who has been injured, you are known as "the plaintiff" in the lawsuit. The party being sued is known as "the defendant." Under West Virginia law, a plaintiff whose fault for the incident is equal to or greater than the defendant's fault is completely barred from recovery. A defendant can only be required to compensate you for your injuries if it can be shown that the defendant was at fault. Accordingly, establishing that the defendant was at fault for your injuries and that the defendant caused your injuries is the first obstacle to recovery.
Damages involve the relief that you are entitled to resulting from your injuries. In many automobile accident cases, the question of who was at fault for the accident is not disputed. For example, in a case where a person was rear ended, it is generally recognized that the other party is liable. But even in cases like these, the question of how much compensation should be paid to the plaintiff may be hotly contested.
You need an attorney who knows how to deal with insurance companies and how to get you the compensation that you deserve. Time is of the essence. The longer you wait to consult with an attorney, the easier it will be for the insurance company to deny your claim. Call (304) 205-8915 today to schedule a free consultation.