Car Accident Lawyer in Charleston, WV
Car accidents are among the top causes of injury and fatalities in West Virginia and throughout the country, with most of these accidents stemming from drivers’ negligent actions. If you have been injured in a motor vehicle crash, obtaining local legal representation can help you get the compensation you deserve. A Charleston, WV car accident attorney from Miley Legal can guide you through the legal process and help you recover the proper compensation. Call today for a complimentary consultation – we’d love to help.
Types of Car Accidents We Handle
Our law firm handles several types of car accidents, including the following:
Rear-end collisions
These refer to accidents that typically occur when a driver falls into another vehicle too closely or when the driver does not step on the brakes in time.
T-bone Accidents
T-bone accidents are collisions when the front of a vehicle hits the side of another vehicle, usually due to a driver running a stop sign or a red light at an intersection.
Head-On Collisions
These are crashes that transpire when the front of two vehicles hit each other with force. They very often involve a fatality or serious injury, and the vehicle that crosses over a dividing line or median is usually at fault.
Multi-Vehicle Pile-Ups
Pileups happen in highly trafficked areas, and fault can be complicated to determine. You may need the help of an attorney to get witness statements, traffic camera footage, police reports, and other materials.
Single-vehicle accidents refer to accidents that involve only one motor vehicle.
Our legal team also has experience in handling truck accidents and motorcycle accidents. We will thoroughly investigate all factors related to your case and help you obtain the best possible outcome, regardless of the accident in which you or a loved one were involved.
WV Car Accident Laws
West Virginia is considered an at-fault state for car accidents, so an at-fault system is used to assign responsibility to the parties involved. This means that the individual whose careless or negligent actions caused the accident will be deemed financially responsible for the damages resulting from the accident.
Modified Comparative Negligence in WV
West Virginia follows a modified comparative negligence law under West Virginia Code §55-7-13c, which means that each person is liable for their degree of fault and that the compensation to be awarded is dependent on this degree of fault. Therefore, the injured party in an accident is only entitled to compensation if the party is less than 50 percent at fault for an accident, minus their portion of fault. If the party is established to be responsible for the accident by more than 50 percent, they will not receive compensation.
Statute of Limitations on Vehicle Accidents
The statute of limitations for car accident claims dictates how long an individual has to file a claim after the accident occurs. West Virginia Code §55-2-12 states that an individual has up to two years from the date of the crash to file an accident claim. However, it may be possible to extend that timeframe if you were unaware of your injury or if you were a minor at the time of the accident.
Different Types of Damages in Car Accident Claims
Depending on the circumstances, an individual who suffered in a car accident may receive economic and non-economic damages.
Economic Damages After Your Vehicle Accident
Common examples of economic damages that arise from car accidents are current and future medical bills that arise from your accident, as well as any lost wages—or the amount of money you would have earned during the time you missed work. You may also be able to claim for property damage, including the cost of repairing your vehicle and renting another car in the meantime.
Can You Recover Non-Economic Damages?
Examples of non-economic damages are emotional distress, pain and suffering, and loss of the enjoyment of life, which otherwise refers to the physical discomfort, inconvenience, anguish, and emotional trauma that results from the accident.
How Punitive Damages Work in WV
West Virginia Code §55-7-29 states that punitive damages may also be awarded in such cases if it can be established that the defendant’s conduct was particularly harmful. Such scenarios include if the defendant acted with malice and caused the other party harm or if the defendant acted with conscious, reckless, and outrageous indifference towards the health, safety, and welfare of the other party, which then caused harm to others.
How Our Charleston, WV Car Accident Lawyers Can Help
Our experienced Charleston, WV, car accident lawyers can thoroughly examine the details of your case, provide you with a free initial case evaluation, and advise you on the next steps to take.
We can handle all communication with the relevant insurance companies, conduct a thorough investigation, and collect evidence for your case. Our attorneys can also help you negotiate a fair settlement and represent you in court if necessary. Insurance companies are notorious for “low balling” customers, and if you think you are getting an unfair settlement offer, call us immediately.
Cases are typically accepted on a contingency basis, meaning there’s no need to pay us any fees upfront unless your case is won.
Seek Legal Representation Immediately
Contact a Charleston, WV, car accident lawyer for a free consultation. Due to legal deadlines, the best time to contact a car accident lawyer from Miley Legal is soon after the crash, after you have seen to your own health and that of your loved ones. Contact us today to help you get the best outcome possible in your legal case.