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

The Miley Legal Group has put together a library of current, relevant articles on a number of topics, including car accidents, truck accidents, insurance fraud, medical malpractice, and product malfunction. Our database is freely available, helping personal injury victims in West Virginia 24 hours a day.

If you have been injured in an accident in West Virginia, you may be wondering what you should do next. Should you contact a Clarksburg injury lawyer? Or is pursuing a personal injury lawsuit too much hassle?

Perhaps you are not familiar with all of the aspects of a lawsuit. Below are the stages of a typical West Virginia personal injury case.

Initial Consultation

The very first step is for you to set up an appointment with a qualified Clarksburg injury lawyer. They will listen to the story of your accident and ask questions about certain details. Some of the questions asked of you may be difficult to answer, but it is vital that you provide your attorney with accurate information about your accident.

If you are comfortable with the attorney and, in turn, the lawyer decides to accept your West Virginia personal injury case, they will give you a retainer contract or similar agreement for you to sign. This document will state that the Clarksburg injury lawyer is now acting on your behalf with regard to your case.

Filing of Court Papers

Your Clarksburg injury lawyer will then file documents, known as pleadings, with the court to set the legal process in motion. These pleadings include your complaint or petition to the court stating that you have been injured as a result of the actions or negligence of someone else. The defendant will be served with a summons, which notifies them that they have been sued.

Discovery

In plots of legal dramas and movies, a shocking piece of evidence always seems to reveal itself during a trial. But in reality, the attorneys know all of the evidence that will be discussed at trial in most cases. This is accomplished through the process known as discovery.

During this fact-finding stage, your Clarksburg injury lawyer will submit written interrogatories of questions for the defendant to answer. Documents relating to the accident must also be produced by the defense. And your attorney may ask for a deposition to ask face-to-face questions to certain witnesses in the case. The other side's legal team will make these same requests of you.

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