Charleston, WV Car Accident Lawyer

Charleston, WV Car Accident Attorney

No matter how safe you are on the road, you can never anticipate when an automobile collision will occur, either by the fault of another driver or by extraneous circumstances. Car accidents can upend your life financially and through potential injuries. If you or a loved one has been in a serious accident, a Charleston, WV car accident lawyer can help you pursue compensation for the damages you incurred.

After an accident, it can be challenging to pursue legal action on your own. Accidents can be a major source of emotional and physical trauma for many people involved. It is important to remember that you do not have to pursue compensation on your own. Our team of experienced car accident lawyers can assist you during this complex process and ensure that your rights are protected against insurance companies.

Common Causes of Car Accidents in West Virginia

Car accidents can happen at any time while you are on the road. No matter how safely you drive, you cannot protect yourself from an accident if there are other negligent or unsafe drivers around you. Some of the most common car accidents are the result of:

• Driving While Intoxicated (DWI). A DWI case includes the influence of alcohol, drugs, or any other substance that can impair one’s ability to drive safely.
• Distracted driving. Many things can serve as a distraction while driving, but there is a prevalence of accidents caused by cell phone usage.
• Speeding occurs when a driver exceeds the posted speed limit or when their speed conflicts with certain qualities of the road, such as inclement weather, construction zones, dense traffic, or school zones.
• Driving while drowsy. Driving while drowsy can lead to an accident when a driver loses the capacity to control their vehicle. Sometimes, they can go as far as falling asleep behind the wheel.
• Reckless driving behavior. Reckless driving is a broad term that includes any driving behaviors that endanger yourself or the lives of others, like speeding, improper use of signals, swerving in and out of traffic, and tailgating other vehicles.

All of these can result in serious bodily injuries or death if they become severe enough. If you do not incur any injuries or your injuries are significantly less than the property damages, you may still seek compensation for damages to your vehicle or offenses against the law. Common accidents in West Virginia are:

• Hit and runs. Hit-and-run accidents involve a person who is responsible for the collision leaving the scene to avoid possible punitive action. One exception to the rule may be if they left to fetch medical assistance to attend to an injured party.
• Rear-end car accidents. A rear-end accident occurs when a vehicle crashes into the back of another. This may be due to the at-fault driver failing to slow down in time to prevent a collision.
• Side-impact or T-bone collisions. Side impact collisions most frequently occur when lanes are narrow or a driver has underestimated the amount of space between the side of one car and their own. T-bone collisions occur when one car impacts the side of another head-on. The physical injuries endured during a T-bone collision can be severe.
• Rollover vehicle accidents. A vehicle can roll over if the steering wheel is turned too abruptly, causing the momentum to flip the car off of its tires. The cause of the abrupt turn could be to avoid other drivers or unexpected obstacles on the road.
• Head-on collisions. A head-on collision occurs when two vehicles facing each other make an impact. This type of collision is especially dangerous and can be fatal.

A car accident lawyer in Charleston, WV can help you seek compensation for any degree of bodily injury, although the amount may vary greatly if there are discrepancies in fault. A consultation can help us determine how much you may qualify for in compensation based on the circumstances of your accident.

What to Do Immediately After Your Car Accident in West Virginia

If you have been in a car accident, you may be unsure how to proceed in reporting and collecting damages. Immediately after a crash, you should notify local law enforcement through the quickest means of communication available. Proper reporting at this stage is important for emergency safety purposes. Additionally, it ensures that the earliest stages of your claim are documented and can be used as evidence later in your case.

Insurance companies may have different deadlines for reporting an accident, and it is absolutely crucial that you do not miss this. This is usually a matter of days or weeks. If you report your accident after the deadline laid out by the insurance company, they may automatically deny your request for compensation.

Statute of Limitations

The statute of limitations to pursue legal action for compensation has a more forgiving timeline of two years from the day of the accident. If the accident resulted in a person’s death, the two-year timeline begins after the person’s death. Like the insurance deadline, your case can be dismissed if you do not meet it.

Within this time, you can reach out to an experienced car accident attorney who can guide you through the finer details of the claim process. Taking the correct steps early on makes developing your claim much easier. An attorney can help you with the following:

• Knowledge of the law. Navigating a legal claim without proper counsel can be daunting. A lawyer can assist you with understanding confusing legal jargon and complicated processes. Their familiarity with the law can make tackling a claim simpler and more approachable.
• Collection of evidence. Evidence is key when proving fault in an accident. If you cannot prove the other person’s fault or are unable to disprove your own fault, you may not be awarded compensation. A car accident lawyer can help you obtain additional footage from nearby traffic cameras, security camera footage, and testimony from witnesses.
• Lessening the emotional burden. While you are recovering from injuries sustained during your accident, you do not have to take on this emotional burden alone. The knowledge and thoroughness of a car accident lawyer can lessen your burden by taking on some of this responsibility.

Document Everything

At all stages of your claim, keeping sufficient documentation is key. If you are capable, take photos of your car immediately after the accident. Keep records of all relevant medical care and costs. Keep track of all your dates, such as the date of the incident and any calls you make regarding insurance and reporting. All of this can contribute to a stronger case that yields optimal results.

After you have built your case with your lawyer, you may take this claim to court, where a judge will look over all the facts and evidence in your case and make a payout determination. This amount is dependent on how many people were injured, how severe the injuries were, the total amount of property damage, and who was responsible.

Who Pays the Damages After a Car Accident in West Virginia?

Once a judge has decided on an appropriate compensation amount, the responsible driver typically pays through their insurance. West Virginia requires all registered vehicles to have insurance. The state mandates a minimum amount of coverage for insurance policies:

• $25,000 for one injury, one crash
• $25,000 for property damages
• $50,000 for two injuries, one crash

Comparative Negligence in West Virginia

West Virginia uses a comparative fault system to determine how much you will receive in compensation after an accident. This works by adjusting the amount you receive by how much responsibility you had in the accident. For example, if an insurance adjuster finds you to be 25% at fault for the accident, you will receive 25% less than your total possible compensation.

However, there is a cutoff for how much responsibility you can have to qualify for compensation at all. If an adjuster finds you to be at least 50% responsible for the accident, you cannot obtain compensation. To avoid paying out compensation, an insurance company may allege that you were at least halfway at fault for the accident. An experienced attorney can help ensure the facts of your case are not distorted and are stated truthfully to achieve the maximum benefits possible.

Personal Injury and Wrongful Death

Many people assume you can only request compensation for immediate expenses that arise after your accident, such as vehicle damages or urgent medical expenses. Car accidents can have long-lasting effects that span the rest of your life, including debilitating injury. The most serious accidents can even result in death.

At Wooton, Davis, Hussell & Johnson, PLLC, we look beyond the initial accident to obtain the compensation necessary to ensure your well-being. Auto accidents can be traumatic, and recovery can be a long and expensive process. We can help to secure sufficient compensation to cover future expenses related to your accident, such as:

• Therapy. Extensive physical therapy needed to properly recover from an injury.
• Nursing care. Necessary at-home nursing care if you cannot seek in-person medical care.
• Income lost during your recovery. If you are unable to work during your recovery period, you can factor the amount of income you have lost into your compensation.
• Expenses related to disability accommodations. If the accident left you with a disability for which you need costly accommodations to function, your compensation may cover these expenses.
• Pain and suffering.

What Does Pain and Suffering Entail?

Monetary losses are calculated by looking at your income, the value of your damaged property, and any medical expenses you may incur. There is a different type of loss you can request compensation for known as a “non-economic loss.” Pain and suffering are two of such non-economic losses.

Pain and suffering is less straightforward to calculate and harder to prove in court. However, compensation for pain and suffering should not be forfeited as the reward can be substantial. These non-economic losses take the following factors into account:

• Physical pain
• Emotional trauma and mental anguish
• Damage to reputation
• Disability or disfigurement
• Diminished quality of life
• Grief

Proving pain and suffering in court is challenging due to its less tangible and emotionally driven attributes. This is not to say collecting evidence is impossible. Evidence can be presented by witness testimonials or medical reports to prove pain and suffering damages.

Predatory Practices Within Insurance Companies

Most insurance companies will be reluctant to agree to the compensation you request. In court, they may attempt to disprove the validity of your claim or imply that you are not eligible to collect compensation. They may argue you were at least 50% at fault for the accident, nullifying you from receiving compensation. They might also argue that the damages you seek are not worth the requested compensation.

While it is not a good idea to request an exorbitant amount in compensation, most insurance companies won’t be sympathetic to the total amount of suffering you have endured. Collecting evidence of all costs and damages is crucial in determining an appropriate amount of compensation. Nonetheless, facing an insurance company can be intimidating without legal support. Remember that you do not have to plead your case alone.

Reasons Why You Need an Experienced West Virginia Car Accident Lawyer

Most court processes do not require you to hire an attorney to file a claim, but there are many benefits in doing so. Even with attorney fees, the potential losses you take by representing yourself without adequate knowledge of insurance laws may be greater than what you would owe an attorney for their services.

• Of the court system. A car accident lawyer should be familiar with the court system. They can make your experience during this stressful period as smooth as possible by equipping you with the necessary tools and support.
• Aggressive advocacy against predatory insurance companies. While insurance companies work to lessen the amount of compensation they must pay, an accident attorney can make a compelling argument to the court that puts your needs and interests at the front of the conversation.
• Representation in court. When you represent yourself in court, you may be vulnerable to the nuances and complexities of personal injury laws. To ensure you have a strong chance at compensation, invest in an experienced car accident attorney.

Our firm has pursued car accident injury claims for individuals all across West Virginia and is well-known for our tenacity during litigation. We strive to represent our clients with respect and fairness. Additionally, we want to ensure our clients feel supported throughout their recovery with comprehensive legal counsel and empathy.

FAQs

Q: Is West Virginia a No-Fault State for Auto Accidents?

A: No, West Virginia is not a no-fault state for auto accidents. Fault must be established in order to receive compensation for property or medical damages. Compensation is paid by the party who was found to be at fault. However, if you were found to be more than 50% responsible for the accident that produced your injuries or property damage, you may not collect any damages.

Q: Under What Conditions Must You File an Accident Report in West Virginia?

A: You must file an accident report in West Virginia in these cases:

• The crash resulted in more than $500 worth of property damages.
• A driver, passenger, or involved third party suffers death or bodily injury.

This should be reported to the DMV regardless of police involvement. A law enforcement officer can file an accident report when they are called to the scene of the collision, but a driver should still report the accident to the DMV on their own.

Q: What Is the Penalty for Leaving the Scene of an Accident in West Virginia?

A: In West Virginia, penalties for leaving the scene of an accident are determined by the amount of bodily damage the other driver incurs. If the offending driver leaves when they have reason to believe the other driver is injured, they can be fined up to $2,500 and/or receive a jail sentence between one to three years. If the accident resulted in a death, that penalty can be raised to up to $5,000 and/or between one and five years of jail time.

Q: Do I Have to Hire a Car Accident Lawyer If I Go to Court in West Virginia?

A: No, you do not have to hire a car accident lawyer to represent you in a West Virginia court. However, having the guidance and support of a skilled personal injury lawyer can help you avoid many pitfalls that can occur when facing a predatory insurance company or a complicated court system.

Q: How Much Does an Attorney Charge for Car Accidents in West Virginia?

A: Costs for car accident attorneys in West Virginia can vary based on the law firm you work with. Most accident lawyers work on a contingency fee, meaning you do not owe them anything unless they win the case. To discuss what percentage of compensation your prospective attorney will charge, you should schedule a consultation.

Contact An Experienced Car Accident Lawyer at Wooton, Davis, Hussell & Johnson, PLLC

Our team of seasoned car accident attorneys is dedicated to helping clients across West Virginia achieve the appropriate compensation for their injuries. If you or a loved one has died or been injured in a car accident, contact us today to discuss the next steps. Together, we can build a strong case that yields sufficient reward for your troubles.