Charleston Car Accident Attorneys With A Proven Track Record
Driving is one of the most common ways people get around in West Virginia, and it is typically faster and more convenient than walking, biking or taking public transportation. But driving is also dangerous, causing numerous crashes that result in fatal and serious injuries each year. If you or a loved one has been in a serious car wreck, your ability to earn a living, provide for yourself and return to life as normal may be seriously disrupted. To help you recover the compensation award that you deserve, you need a skilled Charleston, West Virginia, car accident attorney on your side that can take accident cases from across the state.
The experienced legal team at The Masters Law Firm, L.C., can provide you with the professional support and guidance you need when your life has been dramatically altered by a car accident. We have several decades of experience representing clients injured in auto accidents, with a successful track record for even the most complex cases. We are not intimidated by well-funded insurance companies; we have the knowledge, skills, resources and dedication to give you a fighting chance at receiving maximum compensation for your injuries.
How A Car Wreck Can Change Your Life
While some crashes are minor and don’t result in any significant or long-term harm to those involved, others are much more serious. If you’re involved in a high-speed crash, a rollover accident, a head-on collision or an accident with a tractor-trailer, then there is a much greater likelihood of severe injuries. The physical, emotional and financial damages associated with a serious accident include:
- Catastrophic injuries: A serious car accident can result in catastrophic injuries, which may be painful, expensive to treat and debilitating for months, years or even permanently. Common catastrophic injuries include traumatic brain injuries, spinal cord damage, internal injuries, amputation injuries and fracture injuries.
- Medical bills: Until you are seriously injured, it can be hard to fully grasp how expensive medical treatment can be. Staying in the hospital, undergoing surgeries, filling prescriptions and participating in physical therapy and rehabilitation can quickly total in the tens of thousands or hundreds of thousands of dollars. This high cost can be burdensome even with the best health insurance.
- Lost wages: Being seriously injured in a car accident often means suffering disabilities that are short-term, long-term or permanent. This, in turn, means being unable to work for long periods and suffering lost wages and benefits.
- Property damage costs: If you have been injured in a car accident, chances are your vehicle has been damaged or totaled. You can seek compensation for the full value of any property damage expenses you’ve suffered due to the accident.
- Pain, suffering and emotional anguish: Until you’re the one who is injured, it can be easy to overlook the nonvisible injuries caused by car accidents, such as pain, suffering and emotional distress. Those who are involved in crashes often suffer from the development of psychological conditions, such as depression and post-traumatic stress disorder (PTSD).
Who Pays For Damages After A Car Accident In West Virginia?
One of the primary jobs of our legal team is to determine who’s liable for your car accident and file a claim for your damages. West Virginia is an at-fault car insurance state, which means that those who cause the accident must pay for the damages that result.
Our experienced Charleston car accident lawyers can help you prove that your accident would not have occurred but for the negligence of the at-fault driver. Examples of negligence that can lead to car wrecks include drinking while driving, driving while distracted, speeding, failing to yield, driving aggressively and more.
We’ll work hard to prove fault. This means that as soon as you hire our law firm, we will open an investigation into your accident. We will talk to any witnesses, review the police report, travel to and photograph the accident scene, review vehicle damages and injuries, and, if necessary, hire experts to reconstruct the crash and determine what happened. If we can acquire sufficient evidence to unequivocally prove fault, then we will issue a demand letter against the at-fault party’s insurer.
It is important to note that approximately 10% of drivers in West Virginia do not have auto insurance, and many more do not have sufficient insurance coverage to compensate for the losses sustained by someone injured in a car accident. This is why all vehicle owners in West Virginia are required to carry uninsured/underinsured (UM/UIM) motorist coverage with minimum liability limits of $25,000 per person and $50,000 per accident, as well as $25,000 for property damage. If you are injured by a driver who is uninsured or does not have sufficient coverage, the coverage you have through the UM/UIM portion of your policy will be used to help compensate you for your losses.
What Is The Average Settlement / Award For A Car Accident With Injuries?
Nationwide, the average settlement is about $19,000 for car accident litigation involving injuries. While this might be an interesting statistic to hear, you should remember that it does not predict your case’s worth. The highest settlement amounts and jury awards tend to come in cases with catastrophic injuries because medical bills are often the biggest source of economic damages. If you require a long period of recovery during which you could not work, you may also be seeking significant compensation for lost wages.
Because pain and suffering cannot be quantified and fall under the category of noneconomic damages, they are not always easy to calculate. As a general rule, your award/settlement for pain and suffering in a car accident will depend on how severe your injuries are and how permanent they are likely to be. Catastrophic injuries that could last for years or the rest of your life are likely to command the highest amount of pain and suffering compensation.
Each case is unique. While many cases receive settlements/awards of around $19,000, some are over $100,000, and some can be in the millions.
West Virginia Shared Fault Laws And Time Considerations
The goal is to settle your claim through negotiations without the need for litigation. This is typically the most cost-effective and least stressful way to recover a settlement. However, an insurer may deny a claim or may fail to offer a settlement that’s fair. When this is the case, filing a car accident lawsuit may be the next best option.
If you do pursue litigation, there are two important rules that you need to know:
- Shared fault rule in West Virginia, also known as modified comparative negligence. Under this rule, a party who contributes to an accident and suffers injuries can still seek recovery from the other party so long as the injured party’s degree of fault was not greater than 50%. If the injured party contributed to the accident, their recoverable damages award will be reduced in proportion to their degree of fault.
- Statute of limitations. This governs the amount of time you have to file a West Virginia car accident lawsuit. Per state law, adults have two years from the date of their accident to bring forth a lawsuit for damages. If you wait longer than two years to file a suit, your case will most likely be thrown out in court. There are other deadlines for those under the age of 18, but you need advice from an attorney to make that determination.
What Should You Do After A Car Wreck?
Constructing a bulletproof case for your car accident involves many moving parts, all of which our team will oversee on your behalf.
- Gather Information From The Accident Scene
The more evidence you can obtain at the accident scene that proves someone else was at fault, the stronger your case will be. If you can, take photos from different angles showing how the collision occurred. If you have a dashboard camera, be sure to capture and save any video of the crash.
- Get Immediate Medical Help
If you sustained injuries from the car crash, you need to establish a causal connection between the two by seeing a medical professional as soon as possible. Even if you do not feel hurt or think your injuries are minor, get medical attention anyway because the full extent of some injuries is not felt until several days or longer after the accident. If you delay seeking treatment, not only will you put your health at risk, but you could also give the insurance company a reason to doubt whether your injuries were caused by the accident at all.
- Do Not Provide A Statement To The Other Party’s Insurer
You need to be very careful what you say to others about the accident. Never apologize or in any way admit fault for the car crash, and do not provide any recorded statement to the insurance company for the other side. They do not need you to go on the record, and they would only request this so they can use your words against you later on. If they ask for a recorded statement, tell them you want to speak to your lawyer first.
- Stay Off Social Media
Insurance company investigators are known for combing through social media accounts looking for posts or comments that might show that an accident injury claimant is lying or exaggerating the extent of their injuries. Even seemingly innocuous posts can be twisted and taken out of context to undermine your claim. The best thing to do when you are involved in an auto accident claim is to stop using social media altogether until the claim is settled.
- Retain Experienced Legal Counsel As Soon As Possible
If your injuries are minor and the circumstances of the accident are fairly straightforward, then you might be ok to deal with the insurance company on your own. But, if you sustained moderate to severe injuries and/or there are other complications, such as a question over who was at fault, then you should not only retain a West Virginia car accident lawyer but do so right away.
The Masters Law Firm, L.C., Team Is Here To Help
At The Masters Law Firm, L.C., our experienced team understands that being involved in an accident can be a traumatic experience, especially if you suffered severe injuries. If you have been injured and need help navigating the claims process, we can help. We offer free consultations and always work on a contingency fee basis, which means you don’t pay anything unless we win or settle the case. To learn more about how we can help you, please call our law firm directly at 304-342-3106 or fill out our online form to send us an email.