WV Car Accident Lawyer

Accidents are bad, stressful, and scary things that happen. Even though every car accident is different, people who are hurt because another driver was careless should be paid for their medical bills, pain and suffering, and car repairs. Hiring a car accident lawyer in West Virginia takes away your worries so you can focus on getting better.

An experienced car accident lawyer in West Virginia will look at your case and work to make sure that you get the money you deserve for your pain, suffering, and physical and material damages. Also, your lawyer will make sure that the people who hurt you are held responsible.

What Kinds Of Compensation You May Be Due After A Car Crash?

Under West Virginia law, the money you might be able to get is called “damages.” Damages is another word for the harm and loss you experienced because of someone else’s carelessness. If you were in an accident, you might be able to get some of the following types of compensation:

• Past and future pain and suffering
• Medical bills from the past and the future
• Past and future lost wages
• Loss of consortium, both in the past and in the future
• Property damage
• Less money over a lifetime because of injuries
• Punitive damages when the driver at fault did something on purpose or without thinking, like driving drunk.
• Loss of home services, both in the past and in the future

Injuries That Are Common After Car Accidents

Injuries from car crashes depend on a lot of things, like the type and number of vehicles involved and whether or not large trees or other falling objects were a factor. Some of the most common injuries from car accidents are:

• Broken bones
• Whiplash
• Severe injuries to the head
• Cuts or holes in the skin
• Lacerations
• Burns
• Internal bleeding or organ damage
• Back injuries
• Paralysis

Local lawyers who work hard want to know everything about the car accident, including how bad the injuries are, so they can build stronger cases against the defendants. The more information a lawyer can give to the courts, the more likely it is that the case will go in favor of the victim.

Why Might You Want To Talk To A WV Car Accident Lawyer?

Sometimes it can be hard to work with insurance companies and other drivers. This is why we think you should hire a West Virginia car accident lawyer.

The driver who was at fault and their insurance company want to avoid paying if they don’t have to. So, they will do everything they can to either not pay the victim or give them less money than they need or deserve to get back on their feet financially after the accident. If you have broken bones, a bulging disc, a rotator cuff injury, or a herniated disc injury, you may be able to get a lot of money.

It takes a lot of time and works to file an insurance claim or go to court. It’s also important to know how the legal system works and what a victim’s rights are in this kind of situation. That’s why it’s important to have a car accident lawyer on your side.

What To Do In West Virginia After A Car Accident?

After a car accident, the people involved should make sure to exchange insurance and contact information right away.

It is usually part of the deal between the insured and the insurer that the insured will contact the insurer. Another reason to call your insurance company as soon as possible is that injuries and emotional damage aren’t always clear at the scene. If you tell the insurance company right away that there was an accident, you can prove that any damage to people or property was caused by accident.

The police should also be told about the accident. West Virginia law says that accidents that cost more than $1,000 because of death, damage, or injuries must be reported to the police.

If possible, people who were hurt in an accident should talk to witnesses, get their contact information, and ask for a written statement. The at-fault party’s insurance company will defend their client and fight any claims that are made against them. Witness statements are the proof that victims need to prove that the driver who caused the accident was at fault.

It’s also important to talk to a West Virginia car accident lawyer about the case. Since the consultation is free, all you have to give is your time. Many people think it’s worth it to talk to an attorney to make sure the insurance company doesn’t try to bully them and to make sure they don’t settle for less than they deserve.

How A Lawyer For A Car Accident Can Help?

An auto accident lawyer in West Virginia helps their clients by:

Talking to the insurance company of the driver who caused the accident
Getting evidence and doing research
Bills and medical records are being looked over
Talking with medical providers to prove the claim and get an accurate amount for medical costs
Talking to lien holders to try to get them to lower the number of their liens
Trying to come to a fair deal

How Long Does It Take To File A Claim After A Car Accident In West Virginia?

All states have rules about how much time a plaintiff has before he or she can file a civil claim. These deadlines are called “statutes of limitations” in the law. There are statutes of limitations to keep claims fair for both sides, but mostly for the benefit of the defendants. Without a deadline, a claimant could wait decades before filing a claim, making it almost certain that important evidence the defendant might be able to use in his or her defense would be gone or forgotten.

By setting a strict deadline, plaintiffs are more likely to come forward as soon as possible with their claims and requests. In West Virginia, you have two years from the date of your injuries and/or property damage to file a lawsuit over a car accident (Code Section 55-2-12). In general, you have two years from the date of your car accident or the date you found out you were hurt to file your claim. In West Virginia, claimants have two years from the date of an injury or property damage to file a claim. They also have two years from the date of death to file a claim for wrongful death.

Some claimants find out about their injuries after the accident, either because the adrenaline masked the pain or because the pain didn’t show up right away. Head, neck, and back injuries often cause symptoms to show up later. The clock will start when the injury is found or when the claimant should have reasonably found out about the injury. As soon as you know, you were hurt in the accident, you should start thinking about your right to file a lawsuit.

Why Do You Need A Lawyer For A Car Accident?

After a car accident, you should always talk to a lawyer, but it’s even more important in a state like West Virginia, where the person at fault gets the most money. People who are in car accidents often start getting calls from the at-fault driver’s insurance company almost as soon as the accident happens. On these calls, it’s not unusual for the insurance claim adjuster to try to get you to say certain things, like admitting some level of fault or agreeing to a lowball settlement offer. Many accident victims say or agree to things on these calls that they later wish they hadn’t. This is true if they have just been in an accident and are still feeling vulnerable. You don’t have to worry about this if you have a lawyer. Your lawyer will handle all communication with the other side’s legal team and insurance company, so you won’t be able to agree to something you might later regret.

In addition to handling all of your communication, your lawyer will also do the important work of gathering evidence that shows the other party was negligent. If, for example, you think the other driver might have been texting at the time of the accident, your West Virginia car accident lawyer can look at their phone records to see if this is the case. Your lawyer can look at CCTV footage from the area of the accident, talk to witnesses, read the police report, and do other things to prove that the person at fault was negligent.

Also, your lawyer will be very important if you want to get a fair settlement that covers your needs and the harm that is done to you. Your lawyer will look at your case in great detail to come up with a fair settlement number, which he or she will then give to the other side’s lawyer. If they try to argue back, your lawyer will fight for you to make sure you don’t get less than you deserve in a settlement. Your lawyer will also make sure that you don’t get unfairly blamed for a lot of the accidents, which would lower the amount of compensation you can get.

What Kind Of Compensation Can You Expect After A Car Accident?

The exact amount of compensation you get will depend a lot on the details of your case, such as how badly you were hurt and how badly your car was damaged. Your lawyer will look at your case carefully so that he or she can come up with a settlement number that seems fair. Many people may not realize, though, that this amount can include a lot more than just the cost of your medical care. A car accident can have a big effect on a person’s life in many ways, like their mental health, their ability to work, and more. When looking for damages, all of these things are taken into account. In general, the following areas may be covered:

• Bills and costs for medical care
• If you were harmed by a car accident and couldn’t work for a while, you may be able to claim lost wages.
• If the accident has hurt your ability to work in the future or limited the kinds of jobs you can do, you can get money to make up for it.
• The cost of pain and suffering is supposed to make up for some of the emotional damage caused by an accident.
• Loss of pleasure in life Damage to property
• Therapy is an example of a mental health service.

The West Virginia Statute Of Limitations For Car Accidents

The “statute of limitations” is the state law that limits the amount of time you have to sue someone.

(Note: A car insurance claim is not affected by the statute of limitations. Any insurance company, whether it’s yours or the other driver’s, will ask you to file a claim “promptly” or “within a reasonable time” after the accident, or at least let them know about something that could lead to a claim. That usually means a few days or, at most, a few weeks.)

Now, let’s talk about the law in West Virginia. In West Virginia Code section 55-2-12, you can find the statute of limitations that applies to almost all lawsuits that come from a car accident. This law gives you two years to go to a civil court in West Virginia to get help for any kind of injury or damage to your property that someone else caused.

So, that means that any driver, passenger, motorcyclist, bicyclist, electric scooter rider, pedestrian, or property owner who was hurt or whose property was damaged in a car accident will have two years to file a lawsuit. The two-year “clock” starts ticking on the day of the accident.

If someone died in a car accident, West Virginia Code section 55-7-6 also says that the person’s family has two years to file a wrongful death claim. But it’s important to remember that the two-year “clock” for these kinds of claims starts when the accident victim dies (as opposed to the date of the accident itself).

What happens if you try to fill your West Virginia car accident lawsuit after the deadline has passed? In that case, you can be sure that the person you are suing (the defendant) will ask the court to throw out the case, and the court will agree. Because of this, it’s vital to know what the statute of limitations is and how it applies to your case.

Even if you’re sure that your case will be settled through the car insurance claim process, you should still give yourself enough time to file a lawsuit in case you need to. If nothing else, this will give you more power when negotiating a settlement. If you think you might miss the deadline, you might want to talk to an experienced car accident lawyer in West Virginia.

FAQ

If you didn’t have a seatbelt on. Can you still file for damages?

West Virginia law says that everyone in the front seat of a moving car, including the driver, must wear a seatbelt. If you were harmed in an accident but weren’t wearing a seatbelt, you can’t get all the money you deserve. You broke your duty to be careful, so you can’t get money for pain and suffering.

Still, you can still sue for things like emotional distress, loss of income, medical bills, and a decrease in the quality of your life. You should talk to a West Virginia auto accident lawyer. They can help you figure out what your best options are.

After my accident, you was given a settlement. Should you take them up on it?

No. The goal of the insurance companies is to get away with giving you much less money than you deserve for injuries you got in a car accident.

How much does it cost when you hire a lawyer in West Virginia?

Some car accident law firms in West Virginia will charge you by the hour or even make you pay a large retainer upfront to get their help. We don’t do things that way. Lawyers will work based on a contingency fee basis, which means that you don’t have to pay by the hour or for our services all at once.

Instead, they don’t get paid a dime unless they get you money. If your case doesn’t result in any money being given to you, you won’t have to pay any charges or fees.

How much will a lawyer for a car accident in West Virginia cost?

Many accident victims don’t get the help and representation they need because of how much it costs to hire a lawyer. This makes it easy for insurance companies to take advantage of people who have been in accidents and give them much less than their cases are worth. People often think that hiring a private attorney for a car accident claim is too expensive or a waste of money, but this is a dangerous misconception. Most personal injury lawyers, including ours, take cases on a “no win, no fee” basis. This means that clients only pay if the lawyer wins the case. You will never have to pay out of pocket for a West Virginia accident lawyer.

Should you see a doctor after the car accident in WV?

Even if you feel okay, you should still go to the doctor. Car accidents can cause damage to the brain and organs that might not be clear right away. The best thing to protect your health is to see a doctor. Seeing a doctor also makes a record of your injuries in case the insurance company tries to dispute them later.

How much should you get for the car accident?

How much your car accident is worth depends on how badly you were hurt and how that hurt has changed your life. If you can’t work for a long time or need to keep going to the doctor, you could lose a lot of money. The only way to know for sure how much your claim is worth is to talk to a lawyer, who can look into the situation and figure out how much you’ve lost.

Should you take a settlement for a car accident?
Before you take money from an insurance company, you should always talk to a lawyer. You can’t go back and ask for more money if your costs end up being higher than expected after you’ve accepted their offer. You should assume that any settlement offer from an insurance company is a “lowball” offer meant to keep their bottom line safe.