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Phone: 304.931.4088
The Miley Legal Group
Call Us 304.931.4088
Toll Free 888.436.0859
Fax (304) 326-1801

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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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Stages of a West Virginia Personal Injury Case (Part B)

Your case

Once you have signed with an attorney, The Miley Legal Group will begin using our years of experience to navigate through the legal process of your case.  This will begin with the filing of your case in the court of jurisdiction.  This filing will provide the facts of your case and make a formal request to the court on what you, as the Plaintiff, would like to see the Defendant(s) provide, including any financial assistance that you need. 

It is important to understand that this process may not be finalized overnight, accident cases may take a long time to settle.  As your case moves forward, discovery of facts will take place.  This will include the providing of many documents that provide evidence of the accident.  You will be required to produce some and the defense will be required to produce some.  This allows all of the attorneys involved to understand the full facts of your case.  This may also involve depositions of the involved parties, including any witnesses.  Your attorney will gather information from you on any potential witnesses.  We offer the 7 Biggest Mistakes that Will Wreck Your West Virginia Accident Claim free of charge to assist you on what may be required, just request it directly from this page. 

Can we settle?

As much as you hear about trials in the news, a majority of personal injury cases, including yours, never see the inside of a courtroom.  Instead, they are resolved before trial through settlement negotiations in order to prevent lengthy trials and possible jury awards.  But not to worry, our attorneys will always be out for your best interests as our client.   Negotiations can be tough; they can last a long time and sometimes do not work out.  If a settlement is offered, you will need to decide if it is enough to cover your damages.  We will give you advice on the course of action that you should take as it is a priority of ours to get the best results we can for you, whether it is through settlement or through going to court. 

Court?

After the initial stages of your case are complete, including any discovery and any depositions, the next stage will involve a court.  Both sides will appear before a judge to discuss the next steps of the case.  It is at this stage that you will hear any additional requests from the insurance company attorneys.  It is important to note that you will be present during this process, but your attorney will handle any issues that are discussed.  Any decisions during this period should only affect how your case proceeds.  This process may include court mandated mediation.  This will be a series of meetings between you, your attorney and the defendants to attempt to resolve any differences before a court hearing. 

If the case does proceed to trial, your attorney will argue on your behalf in court.  A trial consists of several stages:

  • Jury selection;
  • Attorneys' opening statements;
  • Testimony of witnesses;
  • Cross-examination of witnesses;
  • Attorneys' closing arguments;
  • Jury instructions;
  • Jury deliberation; and
  • Issuance of verdict.


After court

When you are awarded compensation by a jury, there is a process that we will assist you with to collect your judgment.  If you are dissatisfied with the verdict, you do have further option to appeal to a higher court.  In either case, we will continue to work and advise you until your disbursement meeting. 

At The Miley Legal Group, our clients are important to us and we will walk you through every aspect of your case with your best interests in mind.  If you would like to meet and tell us your story, complete the contact request form found on our website or call us directly.  If you would like additional information, we also offer a free consumer guide: The 7 Biggest Mistakes that Will Wreck Your West Virginia Car Accident Claim  

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