If you need to file a West Virginia personal injury lawsuit after suffering serious injury in an accident, you should know the formal steps and legal documents, called pleadings, which the state requires to be filed with the court.
In a West Virginia personal injury claim, the summons and complaint, discovery documents, and the defendant's answer are all required filings and documentation in your personal injury lawsuit.
Additionally, a counterclaim, cross-claim, and/or third-party complaint may be required, if applicable. Each of these pleadings will also give rise to a "reply" or answer which will also be filed with the court.
The discovery documents are typically exchanged between the attorneys on each side, and include relevant information to the claim, such as witness affidavits, medical records and bills, insurance policies, and other types of information.
The summons and complaint must be filed together with the presiding court, and must be sent together to the defendant(s) in order to open a legal claim.
These two legal documents are vital to your West Virginia personal injury claim, because they start your case in motion, and lay out the grounds upon which your cause of action stands.
Significant set-backs to your West Virginia personal injury claim can arise if these documents are not properly prepared.
Your case may be thrown out or dismissed before going to trial when the summons is not properly served, or when the complaint is legally deficient.
Common grounds for dismissal of a West Virginia personal injury claim include:
- wrong venue;
- failure to establish a legal claim for relief; and
- lack of jurisdiction.
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 a Harrison County car accident lawyer at The Miley Legal Group for a FREE consultation - 304-326-1800