Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
When youre self-employed, lost income after an accident can significantly harm your business. In West Virginia, you may recover those losses by documenting your income stream and presenting a clear claim to the at-fault party or their insurer. Below are key steps to build a strong claim under West Virginia law.
1. Gather Accident and Liability Records
Document the accident thoroughly. Keep police reports, photographs of the accident scene and any property damage. If the accident involved a motor vehicle, obtain the official report from the West Virginia State Police.
2. Track Your Self-Employed Income
Compile proof of earnings for the 12 to 24 months before the accident. This can include:
- Tax returns (Schedule C or K-1 for each applicable year)
- 1099-MISC or 1099-NEC forms
- Bank statements showing deposits
- Invoices, receipts and profit-and-loss statements
These records establish your average monthly or weekly income.
3. Document Lost Earnings Post-Accident
Maintain a contemporaneous log of days you missed work or had reduced capacity. Note the date, nature of your injury and work you could not perform. Combine this with comparable earnings data to calculate your lost income.
4. Obtain a Professional Income Analysis
Consider hiring an accountant or forensic economist to prepare a formal income-loss report. Their expert analysis can carry weight with insurers or in court.
5. File Your Insurance Claim
Under West Virginias Motor Vehicle Safety Responsibility Act, you must file a claim with the at-fault drivers insurer if the accident involves a car. The insurer must act in good faith when settling claims under WV Code 617C-11-1 (link). Include your income documentation, expert report and medical records in your demand package.
6. Mind the Statute of Limitations
In West Virginia, most personal injury claims must be filed within two years of the accident date (WV Code 55-2-12). See the statute here: WV Code 55-2-12. Missing this deadline usually bars recovery in court.
7. Consider Litigation if Necessary
If the insurer undervalues or denies your claim, you can file a lawsuit in the appropriate circuit court. West Virginia civil procedure allows you to serve a complaint and pursue discovery, including depositions of the insurers adjusters, to prove your losses.
Helpful Hints
- Start documenting lost income immediately after the accident to avoid gaps in your records.
- Keep copies of all communications with insurers, including emails and letters.
- Maintain a daily journal of pain levels and functional limitations to support your claim.
- Follow up promptly on requests for information to avoid claim delays.
- Discuss your situation with a qualified personal injury attorney before trial deadlines expire.