West Virginia Personal Injury Claim: Lawyer Provides Key Evidence tin Proving Liability

Tim Miley
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Injury Lawyer, Author, & Owner of The Miley Legal Group
When you are seeking compensation through a personal injury claim in West Virginia, you will need supporting evidence. It should be able to prove that someone else’s negligence was the cause of your injuries and damages. A West Virginia personal injury lawyer may be able to help you not only with the collection of this but other aspects of the claims process.

Key Evidence in Your Personal Injury Claim

Personal injury claims can be filed for a number of reasons. They can be the result of a traffic accident, a defective product, medical malpractice and other incidences where negligence causes injuries.

The key evidence you will need is dependent on the type of claim you are pursuing. For instance, if you are seeking compensation after being injured in a traffic accident you may need a copy of the police report as well as photographs of the damaged vehicles, accident scene and visible injuries. It would also be helpful to have statements from witnesses.

If you were injured by a defective product, key evidence may include the product itself, directions/instructions that came with it and documentation of any recalls on it.  If you were injured as a result of medical malpractice, medical records and test results may be key evidence used.

The most important thing is that the evidence you provide shows that someone else was negligent and as a result, you were injured. However, you will also need to demonstrate the severity of your injuries.

It is not enough to say you were hurt by someone else’s negligence. You must prove that your injuries are serious or life-threatening and warrant the pursuit of a claim.

Evidence that can be used for this includes medical documentation that indicates your illness or injuries, a record of your lost earnings if your injuries  resulted in you being unable to work and, in some cases, medical expert testimony.

Through a claim you could be compensated for: 
  • medical expenses;
  • lost wages;
  • pain and suffering;
  • mental anguish;
  • permanent disability;
  • disfigurement; and
  • any other expenses directly related to the accident. 

You may be able to address not only your financial losses but your physical and emotional losses as well.

When It’s Time to Contact a West Virginia Personal Injury Lawyer

One way you can learn more about your legal rights is to order a copy of our FREE West Virginia personal injury guide – 304-326-1800. You would also benefit in speaking directly to one of our lawyers if you have suffered serious injuries as a result of someone else’s careless or reckless actions