If you or a loved one has been injured or killed in a car accident, you may be dealing with pain, trauma, and mounting medical bills. If the accident was caused by someone else, you might be entitled to compensation. West Virginia Car Accident Lawyers can help you navigate the state’s fault system, where the responsible party is financially liable for the damages. This could be an individual who ran a stoplight or a company that installed faulty airbags that caused harm.
At Johnstone & Gabhart, we are dedicated to helping accident victims get the money that they deserve for their injuries. Our team of experienced personal injury attorneys work tirelessly to get our clients maximum compensation. To learn more or to schedule a free consultation, reach out to our law offices today.
How Can You Receive Compensation for Injuries in a Car Accident?
If you were in a motor vehicle accident in West Virginia, you may be able to file a lawsuit against the at-fault driver. Typically, these cases are based on a theory of negligence or carelessness. For example, if another driver slammed into your car while texting and driving, you could hold them financially responsible for any losses that you suffered.
In addition, some personal injury cases are based on a theory of intentional or reckless conduct. For example, if a person got behind the wheel while under the influence of alcohol and/or drugs and caused an accident, you could file a claim against them.
Questions of fault in a car accident case are often straightforward. If someone rear-ends your car while you’re sitting at a red light, then there usually isn’t a real question as to who is responsible for the accident. However, there are cases – such as multi-vehicle accidents – where proving fault is more complicated.
In West Virginia, you can still seek compensation from an at-fault driver even if you were partially at fault for the crash. Under the theory of comparative fault, as long as you were 50% or less responsible for an accident, you can still pursue compensation. Your total recovery will then be reduced by the percentage of your blame. For example, if you suffered $100,000 in damages in a motor vehicle accident and were 30% at fault, then you’d recover $70,000 ($100,000 – 30%).
During a free initial consultation with a West Virginia car accident attorney, you will have an opportunity to tell your story. Your lawyer will then advise you on the viability of your claim and your options for pursuing compensation. You can then move on to the next step: holding the responsible party accountable for your injuries.
Two methods exist for compensating victims of car accidents in West Virginia. You can submit a claim for your injuries and other damages to the at-fault party’s insurance company. You can also file a personal injury lawsuit in court against the at-fault party. In many cases, you will start with a claim and then file a lawsuit to preserve your legal rights.
Drivers in West Virginia are required to obtain car insurance to register their vehicles. The minimum amounts of coverage are as follows.
- $25,000 liability coverage for physical injury or death of one (1) person in an accident caused by the owner or driver of the insured car
- $50,000 liability coverage for total physical injury or death liability in an accident caused by the owner or driver of the insured car
- $25,000 liability coverage for property damage per accident caused by the owner or driver of the insured car
Despite that requirement, it’s not always easy to receive the compensation you deserve from insurance companies. Insurance companies don’t exist to pay your bills fairly; they exist to make a profit. They can be very skilled at confusing you or finding reasons to deny your claim or pay you much less than they should.
We can help. Experienced car accident attorneys have heard all the arguments insurance companies make. We can negotiate with the at-fault driver’s insurance company on your behalf.
We can also work with investigators to investigate the causes of the accident. Insurance companies may try to say you are at fault, when an investigation reveals you are not.
If insurance companies do not settle your claim fairly, we can take them to court. We can also take at-fault drivers and other at-fault parties, such as car or component manufacturers, to court.
In each case, our goal is to thoroughly investigate and analyze the accident to determine what happened and who may be at fault. Sometimes the answer is obvious, like in a head-on collision caused by the other driver crossing the centerline. In other cases, we may need to dig deeper to determine if an unrelated third party – such as the municipality responsible for maintaining the road – can be held accountable.
In West Virginia, there is a 2-year statute of limitations for most personal injury cases. With some exceptions, this means that you have 2 years from the date of the accident to file a lawsuit. If the insurance company refuses to offer you a settlement, it may be necessary to file a lawsuit to preserve your rights.
Filing a lawsuit does not mean that your case will go to trial. Instead, it is an opportunity to learn more about the case through exchanging information. The parties will continue negotiations throughout the pre-trial process, up until the eve of the trial. The majority of personal injury cases are resolved outside of court.
If you have been hurt in a car crash, there is help. Our law firm will fight for your right to full compensation.
What Types of Compensation Are Given to Car Accident Victims?
West Virginia law is very specific about the types of compensation car accident victims can seek. The types and amount of compensation (damages) that you will receive depends on the facts of your case, the severity of your injuries, whether liability is contested, and the policy limits of the at-fault driver’s insurance coverage.
The first type is economic damage compensation (known as special damages). You can seek compensation for medical bills related to the injuries caused by the accident. These costs include emergency treatment, transport, doctor’s office visits, hospitalization, and more.
You can also seek wages lost from work if the accident or recovery period has caused you to miss time from work. If the injuries result in you not being able to work at the same job or the same amount of time, you can seek those lost wages as well. If your ability to work in the future has been compromised, you can also seek economic damages for reduced earning capacity.
If the accident caused damage to your property (such as your vehicle or items in the car), you can also seek compensation for that in a personal injury lawsuit. Any other direct financial losses – such as the cost to renovate your home to make it accessible – will also be covered by economic damages.
The second type is non-economic damage (known as general damages). As victims of car accidents know, accidents cause physical and emotional pain and suffering. Noneconomic damages compensate victims for that pain and suffering, as well as for mental anguish, annoyance, time the injury is expected to affect your life, scarring, disfigurement, and loss of enjoyment of life.
The amount of noneconomic damage depends on the severity of the injuries you sustained and the effect on your personal and work life. In many cases, these losses are greater than the economic losses. Non-economic damages can be harder to prove because it isn’t easy to put a number on something like emotional trauma. A seasoned West Virginia car accident lawyer will use their experience with similar claims and work with experts to put together a strong case for non-economic damages.
Finally, punitive damages may be awarded in cases where the at-fault driver acted intentionally or recklessly. Punitive damages are meant to punish a wrongdoer, instead of compensating an accident victim, so they aren’t available in cases where the at-fault driver was just negligent or careless. In West Virginia, punitive damages are capped at the greater of 4 times compensatory damages or $500,000.
Studies show that people who have legal representation recover an average of 40% more in personal injury claims compared to people who represent themselves. If you want to get top dollar for your injuries, contact our law offices today for a free consultation with a West Virginia car accident lawyer.
How Much Will a Car Accident Lawyer Cost?
Car accident lawyers operate on a contingency basis. Their fees are taken out of any settlement we win for you. If we aren’t successful in getting you a settlement or winning a verdict at trial, you won’t owe us anything. The attorney’s fee will be a percentage of your total settlement based on your contingency fee agreement.
We will also first discuss your accident in a consultation that is absolutely free to you. We will discuss your injuries, what happened, and the hows and whys. We will also give you a ballpark estimate of the value of your case and help you understand your legal rights.
Contact Seasoned Car Accident Attorneys in West Virginia
Car accidents can be both physically and emotionally devastating. If you have been hurt in a car crash, you may be able to seek financial compensation from the at-fault party. Our legal team will help you get maximum compensation for your injuries.
The attorneys at Johnstone & Gabhart, LLP have been handling car accidents cases for five decades. If you or a loved one has been hurt in an accident, we can help. Contact us for a free consultation today at 855-356-1374 or by emailing the firm.
