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

When You Receive a Lowball Offer From Insurance

You pay your insurance company with the expectation that they will act in good faith when you need them. After all, this principle is written into West Virginia law (§33-11-4(9)). However, insurance adjusters often offer settlements far below the actual value of a claim and hope that accident victims will accept the money without question. “Lowball” offers will often ignore future medical treatments, lost earning potential, and non-economic damages like pain and suffering.

We balance the power back in your direction. We examine medical records, consult with doctors and other experts, and consider the long-term effects of your injuries. If we believe that the insurer has undervalued your claim, we’ll fight on your behalf to obtain a fair settlement offer.

As we mentioned above, West Virginia’s comparative negligence rules mean that your recovery can be reduced by your percentage of fault. Insurance companies have been known to inflate your share of responsibility in an effort to lower the payout. Don’t let your insurance company take advantage of you – call Miley Legal.

What If You are Incorrectly Named as the At-Fault Party?

Imagine you’re driving through the busy I-64 and MacCorkle Avenue interchange in Charleston, when another car runs a red light and T-bones your vehicle. The police arrive, but the other driver insists that you ran the light, and a witness—who only saw the aftermath of the crash—backs up their claim. The officer includes this version of events in the accident report, which the insurance company later uses to name you as the at-fault party.

Now, you’re facing mounting medical bills, repair costs, and the possibility of your insurance rates skyrocketing, all while knowing you were not responsible for the accident. You need proper legal representation. Our team can conduct a thorough investigation to look up traffic camera footage, get more witness statements, and even work with accident reconstruction experts. 

How West Virginia Law Governs Insurance Disputes

We would like to believe that insurance companies follow West Virginia’s Unfair Trade Practices Act (§33-11-1 et seq.) unbidden. The law prohibits tactics like misrepresenting policy provisions, delaying claims processing, and refusing settlements without due cause. But unfortunately, this isn’t reality – insurers try to take advantage of accident victims every day.

That’s why we have the option to pursue bad faith claims that will hold insurance companies accountable and recover damages on your behalf.

In the Rare Occasion That a Case Goes to Trial

Most car accident claims settle outside of court, but trial can become necessary when the insurer disputes liability or refuses to offer a fair settlement. Civil procedures require a preponderance of evidence in order to win, and our lawyers prepare for trial by collecting admissible evidence, such as accident scene photos, medical records, and expert testimony. You may be entitled to both economic and non-economic damages (§55-7-6), and we carefully calculate the full extent of your losses, then argue in court.

This may include cross-examining defense witnesses, introducing expert opinions, and challenging contradictory claims from the opposing side.

But please remember – motor vehicle accident cases rarely go to trial, and once you have a skilled law firm in your corner, your insurance company will be far more likely to extend a fair settlement offer.

Prove the Long-Term Impact and Future Cost of Your Injury

Traumatic brain injuries, spinal damage, and other serious injuries from car accidents may introduce future costs that far exceed your initial medical bills. You may legally recover damages for projected medical care (including rehab), and diminished earning capacity (see §55-7B-8).

When Multiple Parties Are Involved

Take a truck accident for example. If a trucking company and its driver are both partially liable, fault will be apportioned between the driver/company and the plaintiff.

The involvement of a commercial entity will often muddy the waters in a car accident, as do rideshare services like Uber and Lyft. Remember that in West Virginia, the doctrine of respondeat superior can hold employers responsible for the actions of employees.

Whether you are dealing with a trucking company and driver, or an accident involving several vehicles, we are here to help you.

When a Settlement Offer is Rejected

You won’t be able to simply reject a settlement offer by telling your insurance company, “No, please try again.” We will help you by drafting a persuasive letter that outlines the merits of your case, the payment that you should be entitled to, and the risks involved in going to trial. We will request a specific amount of compensation backed by evidence.

If negotiations stall, we can file a lawsuit within West Virginia’s 2-year statute of limitations. We want your case to remain active and on the way to an excellent outcome for you.

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.