The Personal Injury Claim Process in West Virginia

If you’ve been injured due to someone else’s negligence, you may have the right to pursue compensation through a personal injury claim. However, the legal process can seem frustratingly confusing, and it comes at a time when you’re already overwhelmed with medical bills, lost wages, and the pain and stress of recovery. At Burke, Schultz, Harman & Jenkinson, we help injury victims throughout West Virginia understand their rights and navigate the steps toward justice.

Here’s an overview of what you can expect during the personal injury claim process in West Virginia. For personalized assistance tailored to your specific circumstances, contact our office to speak with an experienced and successful Martinsburg personal injury lawyer.

Seeking Medical Attention and Documenting Your Injuries

The first and most important step after any accident is to seek prompt medical attention. Even if your injuries seem minor at first, getting checked out by a medical professional protects your health and creates a vital record of your injuries. This documentation can be essential to linking your injuries directly to the accident and establishing the extent of your damages.

Be sure to follow all medical advice and attend any follow-up appointments. Insurance companies often scrutinize gaps in treatment or inconsistent medical records as they try to dispute or devalue claims.

Consulting a Personal Injury Attorney

After receiving medical care, it’s wise to speak with a personal injury attorney before engaging with insurance companies. West Virginia law gives you the right to pursue compensation if someone else’s negligence caused your injuries, but the burden is on you to prove liability (fault) and damages. An experienced lawyer can evaluate your case, preserve evidence, and handle all communications with insurers and other parties on your behalf.

At Burke, Schultz, Harman & Jenkinson, we offer free consultations to help injury victims understand their legal options from the beginning.

Investigation and Evidence Gathering

Once you retain legal counsel, the next step involves conducting a thorough investigation of the accident. This includes reviewing police or incident reports, gathering medical records, identifying witnesses, examining photographs or video footage, and analyzing other relevant details. Your attorney may also consult with medical experts, accident reconstruction professionals, or vocational specialists to fully understand the scope of your injuries and how they affect your life.

The strength of the evidence gathered during this phase often determines the value of your claim and your likelihood of success at trial or settlement.

Filing an Insurance Claim or Lawsuit

In many cases, your attorney will first file a claim with the at-fault party’s insurance company. This claim outlines the basis for liability and demands compensation for your losses, including medical expenses, lost income, pain and suffering, and other damages.

If the insurance company refuses to make a fair offer or denies liability, your attorney may advise filing a lawsuit in court. In West Virginia, the statute of limitations for most personal injury claims is two years from the date of the injury, so it’s important not to delay.

Negotiation and Settlement Discussions

After the claim is filed, both sides typically engage in settlement negotiations. The insurance company may offer a settlement, and your attorney will evaluate whether it fully compensates you for your injuries and future needs. Often, these offers are initially low, and negotiating a fair settlement can take time.

Your attorney’s role is to advocate for your best interests, advising you on whether to accept a settlement or proceed to litigation. Most personal injury claims are resolved through settlements, but having a trial-ready attorney gives you added leverage during negotiations.

Litigation and Discovery (If Necessary)

If a settlement cannot be reached, your case will proceed through the litigation process. This includes a phase called “discovery,” during which both sides exchange evidence, depose witnesses, and gather additional documentation. Discovery allows each side to understand the other’s case and can sometimes prompt renewed settlement talks.

During this time, your attorney will also file motions, prepare legal arguments, and continue building the case for trial.

Mediation and Trial

Many courts in West Virginia require or encourage mediation before a trial. Mediation is a structured negotiation session conducted with the help of a neutral third-party mediator. While not binding, mediation often leads to resolution without the need for trial.

If your case does go to trial, your attorney will present evidence, question witnesses, and argue your case before a judge or jury. Trial is often a last resort, but some cases require it to achieve a just result when the insurance company refuses to accept responsibility or make a fair offer.

Receiving Compensation

If your case settles or results in a successful verdict, the final step is collecting your compensation. Depending on the outcome, this may involve a lump-sum payment or a structured settlement. Your attorney will ensure all liens are addressed (such as those from health insurers or medical providers) and that your portion of the recovery is distributed fairly and promptly.

Why Choose Burke, Schultz, Harman & Jenkinson

With decades of experience handling personal injury cases in Martinsburg and throughout West Virginia, our firm understands the physical, emotional, and financial toll an accident can take. We are committed to guiding our clients through every stage of the claim process with compassion, clarity, and skill.

We don’t just handle cases—we help people rebuild their lives after devastating injuries. Whether you’ve been injured in a car crash, a fall on dangerous property, a workplace accident, or another type of incident, we are here to stand by your side.

Get Started With a Free Consultation

If you or a loved one has been injured due to someone else’s negligence, don’t face the legal process alone. Contact Burke, Schultz, Harman & Jenkinson for a free consultation. We’ll explain your rights, answer your questions, and begin working toward the compensation you deserve.