The first week after a wreck decides more of your claim than most people realize. A Huntington trial lawyer's checklist — and the mistakes that cost clients money.
I've sat across the table from hundreds of crash victims, and the same pattern repeats: the case was shaped before anyone called a lawyer. Not by the wreck itself — by the week after it. Here is what I tell family and friends to do after a collision in Huntington or anywhere in West Virginia, and why.
Adrenaline is a painkiller, and soft-tissue, disc, and concussion symptoms routinely surface days later. Seeing a doctor immediately protects your health and creates the medical record that connects your injuries to the crash. The single most expensive sentence in injury law is the one the adjuster reads aloud later: "Patient denies pain." If symptoms develop, go back. Gaps in treatment become gaps in your case.
Photos of vehicles, plates, the roadway, skid marks, debris, traffic signals, and your visible injuries. Names and numbers for every witness — bystanders leave and become unfindable within hours. If the crash happened near a business on US-60, Route 2, or downtown, note the cameras; commercial surveillance footage is often overwritten within days, and only a fast preservation letter saves it.
Notify your insurer promptly; your policy requires cooperation with your own carrier. The other driver's insurer is a different animal. You have no obligation to give them a recorded statement, and their adjuster's friendliness is a claims-handling technique, not a personality. Decline politely and let counsel handle it.
First, the clock: most West Virginia injury suits must be filed within two years of the crash (W. Va. Code § 55-2-12). That sounds like forever; with medical treatment, investigation, and negotiation, it isn't. Second, the blame game: West Virginia's modified comparative fault rule (W. Va. Code § 55-7-13c) reduces your recovery by your percentage of fault and eliminates it entirely at 51%. Every question the adjuster asks about your speed, your phone, and your headlights is aimed at that number. Ohio crashes follow similar two-year and 51% rules.
West Virginia's minimum liability limits are $25,000 per person — one ER visit and an MRI can pass that. Serious cases are usually built from layers: the at-fault driver's policy, your own underinsured-motorist coverage, household policies, and employer coverage if anyone was working. Most people have no idea how much coverage actually applies to their crash. Finding it is a core part of what an injury lawyer does.
Not because every case needs a lawsuit — many don't — but because carriers price claims based on the consequences of saying no. A claim backed by a firm that tries cases is priced against a jury verdict. A claim negotiated alone is priced against your patience. The consultation costs nothing, and you'll know where you stand in one conversation.
Tyler Haslam is a trial attorney and the founder of Haslam Law Firm LLC in Huntington, West Virginia. A 75th Ranger Regiment veteran trained in the Gerry Spence Method, he represents clients in personal injury, civil rights, and criminal defense matters in West Virginia and Ohio.
This article is general information, not legal advice, and reading it does not create an attorney–client relationship. Deadlines and outcomes depend on specific facts — talk to a licensed lawyer about your situation.