What Does an Accident Lawyer Do?

What does an accident lawyer do? The short answer

An accident lawyer represents people hurt in crashes and families of people killed in them. The lawyer presents a claim against the party responsible and that party’s insurer, and may file a lawsuit when a claim can’t be resolved without one. This firm handles car accidents, truck accidents, commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury, and wrongful death across West Virginia.

The work has several stages. It starts with a conversation, moves into investigation and medical documentation, and then turns to insurers and, when needed, the courts. Each stage builds on the one before it.

For a broader look at this area, read the firm’s catastrophic injuries guide.

The first conversation: the free case review

A free case review is the firm’s offer to sit down, listen, and answer your questions about what happened. The review is confidential and comes with no obligation to continue.

During the review, the lawyer asks what happened, where and when the crash occurred, and what injuries followed. The lawyer also asks what has already taken place, such as talks with an insurance adjuster or forms you were asked to sign. Those early details matter because they shape what comes next.

It helps to bring what you have. Hospital discharge papers, photos from the scene, names of any witnesses, and letters from insurance companies are all useful. You don’t need a complete file. Paperwork after a crash can be hard to understand at first, and that is normal. The lawyer can explain each document in plain words, and you can ask questions at any point.

Investigating the crash and gathering evidence

Investigation is how a lawyer builds the facts before anyone argues about fault. Common evidence includes the police crash report, photos of the scene and vehicles, and statements from people who saw what happened.

Vehicle data and phone records may also be relevant. These records can show timing, speed, or braking, but they aren’t always kept for long. Asking for them early helps protect them.

Commercial vehicle cases often need more. A lawyer may ask about driver logs, maintenance records, and company policies. Federal rules set minimum record-keeping periods for carriers. After those periods end, the company may destroy the records, so early requests matter.

Federal testing rules also move quickly. The rules set time limits for those tests, and the employer must document a test given late. The post-accident testing rule lays out the details.

Documenting catastrophic injuries and medical care

A lawyer documents catastrophic injuries by connecting medical records to daily life. The goal is to show what the injury is and how it affects work, family, and routine tasks.

Medical records show diagnoses, imaging, treatment plans, and the providers who saw you. Notes from therapy sessions and from family members can also show changes that a single appointment may miss.

Traumatic brain injury and spinal cord injury often need detailed records over time. Symptoms may change in the weeks and months after a crash, and some effects may not appear right away. For that reason, a lawyer may ask treating doctors to explain their findings in writing. Someone who studies how a crash happened may also be asked to explain findings.

Gaps in treatment can make an injury harder to explain later. Keep your appointments, write down symptoms as they change, and tell your doctor about changes in memory, balance, sleep, or mood. Families caring for someone on a ventilator face their own questions, and the firm has a page on that: family guidance after a ventilator injury.

Identifying who may be responsible

Responsibility depends on the facts. The at-fault driver, a trucking company, a vehicle owner, or another party may each be involved in a crash claim.

West Virginia uses modified comparative fault. Under W. Va. Code § 55-7-13c, a plaintiff’s fault does not bar recovery unless it is greater than the combined fault of everyone else responsible. If it is not greater, the recovery is reduced in proportion to the plaintiff’s share of fault. The same statute generally makes each defendant liable only for its own share, with exceptions, including joint liability for two or more defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission.

Commercial crashes often involve several parties. West Virginia’s commercial motor vehicle statute defines an “employer defendant” to include the vehicle’s owner, the operator’s employer, and any other person or company that owns, leases, rents, or has legal control over the vehicle or its driver. Limits and exceptions apply under that statute.

When a wrongful act causes a death, W. Va. Code § 55-7-5 allows an action for damages against the responsible person or company. Under § 55-7-6, the case is brought in the name of the decedent’s personal representative, and damages are distributed as that statute directs. Families may have a claim in this situation. For crashes involving a company vehicle, see company vehicle crash claims.

Communicating with insurers and presenting the claim

The lawyer handles calls and letters from insurers so you don’t have to answer them alone. An adjuster is the insurer’s staff member who reviews a claim.

West Virginia limits some early contact. Under W. Va. Code § 55-7-11a, for twenty days after a personal injury, while the injured person is an inpatient or unable to work, no one may seek a settlement, release, or statement for that purpose. Under W. Va. Code § 55-7-11a, a settlement, release of liability or statement obtained in violation of that section may be disavowed by the injured person at any time within one hundred eighty days from the date of the personal injury by executing a written statement of disavowal and forwarding a copy of the same to the person violating that section, and by repaying or returning any consideration paid to the person who paid it.

Later, a demand letter may summarize the facts, injuries, and supporting records and send them to the insurer. Negotiation is the back-and-forth that follows. Some insurers may dispute a claim. A clear, documented presentation can help the insurer and the claim get a fair review.

See West Virginia mandatory auto coverage limits.

When a lawsuit may be needed

Many claims are resolved without a lawsuit. Some do need one, especially when an insurer doesn’t respond or a dispute can’t be resolved. Filing in court brings timing rules into play.

West Virginia generally allows two years to bring a personal injury action under W. Va. Code § 55-2-12, and exceptions may apply. Wrongful death actions generally must be commenced within two years after the death, under § 55-7-6, subject to the provisions of section eighteen, article two, chapter fifty-five. W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.”

Once a case is filed, the lawyer prepares the complaint, makes sure the other parties receive it, and handles the case through discovery. Discovery is the stage where each side requests records and sworn testimony.

If you are researching this for someone you love

Reading about an accident lawyer’s role may be part of a hard season for your family. You might be caring for a spouse in a hospital bed, a child who can’t work, or planning a funeral after a fatal crash.

If a crash has left someone you love hurt or gone, you don’t have to work out the next steps alone. Contact the firm to talk through what happened, in your own words, during a free case review with no obligation to continue.