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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Overview of Filing a Personal Injury Claim in West Virginia

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Unfortunately, there are times when filing a West Virginia personal injury claim becomes necessary. An example might be after you've been seriously injured in a West Virginia car accident, and the responsible party refuses to settle for a fair amount.

The order and type of legal documents to be filed by your Harrison County car accident lawyer are as follows: 

  • Summons and Complaint - The summons is the process of notifying the defendant that you are suing them, where they are being sued, and how long they have to respond. The complaint spells out the grounds for your action, and how you expect the court to rectify the matter. 
  • Answer - This is the defendant's opportunity to either deny or admit guilt, or to state they do not have enough information to know whether or not they are guilty. 
  • Discovery - The discovery process can begin any time after the defendant is served. Lawyers on each side exchange all requested documents pertaining to the case, as well as other types of information. 
  • Counterclaim - A counterclaim happens when the defendant answers that he or she has suffered injuries from the accident for which they are holding you responsible. 
  • Cross-claim - A cross-claim arises in multiple-party lawsuits, such as one stemming from a multi-car accident.  
  • Third-party complaint - Third-party complaints are common in a West Virginia car accident claim. Their purpose is to allow the defendant to bring a third party into the lawsuit, such as an insurance company or defective product manufacturer, who may  be held legally and financially responsible for the accident. 

To learn more about the filing requirements in a West Virginia personal injury claim, visit our article library. 

Contacting a Harrison County Car Accident Lawyer

Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages over 40,000 car crashes, over 400 deaths, and over 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact the Clarksburg personal injury attorneys at The Miley Legal Group for a FREE consultation - 304-326-1800

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