Many people who are involved in car accidents are unfamiliar with the procedures of our civil justice system, and the fact that it was designed to provide a mechanism for resolving the civil disputes.
Just because you are in a car accident and it is not your fault does not mean that you are going to recover for the injuries that you suffered. The insurance industry has spent literally hundreds of millions of dollars in lobbying and advertising to ensure that what should be a simple process is anything but simple and a person who is injured can suddenly find him or herself being challenged on all fronts.
In West Virginia, there are three separate steps that a person can go through after being injured in a car accident. First is the claims process, second is the litigation, or discovery, stage and third is the trial stage. If a person cannot resolve a case in the claims process with an insurance company, the citizen has no recourse but to file suit on the matter and proceed to the second stage.
Do not wait to contact an attorney to discuss your car accident case. A lot of unethical adjustors want to discourage a car accident victim from speaking to an attorney in order to mislead the injured party who is unfamiliar with the process. In West Virginia, the statute of limitations for the prosecution of a motor vehicle accident is two years. This means your case must be resolved or suit filed within two years or else you lose all legal recourse to recover damages.
This is an outline of a premier on the civil justice system following what is an average discovery process of a civil suit brought for injuries suffered in a car accident case. Throughout this section, there will be links to examples of documents that were used in an actual case handled by this firm.
A simple outline of the discovery process for a car accident suit in a Circuit Court in West Virginia is as follows:
- REQUEST FOR PRODUCTION OF DOCUMENTS
- PHYSICAL AND MENTAL EXAMINATION OF PERSONS
- REQUEST FOR ADMISSIONS
- SCHEDULING CONFERENCE
This section is designed to outline the process of bringing a civil suit against an individual in West Virginia. The West Virginia Rules of Civil Procedure are modeled after the Federal Rules of Civil Procedure. The two sets of rules are similar but the Federal Rules have a bit more content because they apply across the United States and the Federal Rules must be used in instances where suits are filed in a Federal Court in West Virginia.