Elkins Car Accident Lawyer
Because there are so many cars on the road, car accidents unfortunately occur frequently. Generally, people walk away from crashes with just minor bumps, bruises, and property damage to contend with, but occasionally people suffer serious injuries in severe wrecks.
If a car accident has left you seriously harmed and you believe the driver of another vehicle was responsible for your injuries, you could consider speaking with a qualified personal injury attorney. Let an Elkins car accident lawyer guide you through every step of the legal claims process.
Types of Car Accidents
People can incur severe injuries in many different types of car crashes. Some of the most common types of car accidents include:
- Parking lot
- Texting while driving or distracted driving
- Drinking or using drugs while driving
An Elkins car accident advisor could review the facts from the accident to determine if a court could hold another driver legally responsible for the collision. They could also examine police reports and eyewitness statements and subpoena the driver’s medical and cellphone records, if necessary. It is essential to make sure the evidence of the accident is still available and that the memories of eyewitnesses are fresh.
Also, injured claimants do not have unlimited time to file lawsuits. West Virginia law states that a plaintiff must file a claim within two years after the date of the accident, as outlined in West Virginia Code Section 55-2-12.
What Can a Claimant Hope to Recover in an Elkins Car Accident Case?
In West Virginia, a claimant can pursue the necessary recovery of economic damages to compensate them for the financial losses that they sustained in a car accident. Economic damages could provide compensation for:
- Past and future medical bills
- Rehabilitation and therapy costs
- Past and future lost wages if the injury has rendered a claimant unable to work
- Home or vehicle renovations made to accommodate a disability
An Elkins claimant can also pursue recovery of non-economic damages to compensate them for intangible losses, such as for their physical pain and suffering, emotional distress, lost enjoyment of life, and lost future earning capacity. Fortunately, except in medical malpractice cases, West Virginia courts do not set a statutory cap on non-economic damages.
In rare instances where a claimant can demonstrate that a defendant acted with malice or with reckless indifference, courts could also award punitive damages. Punitive damages are limited to the greater of $500,000 or four times the compensatory damages award, as outlined in West Virginia Code Section 55-7-29.
Even if a court determines that a claimant was partially to blame for the car accident that caused their injuries, they could still recover damages, as long as it is decided that the plaintiff was less than 50 percent responsible for the incident. If an Elkins court finds that a claimant was partially at fault, they may reduce their total damages award by their percentage of blame, as explained in the modified comparative negligence standard outlined in West Virginia Code Section 55-7-13a.
Reach out to an Elkins Car Accident Attorney as Soon as Possible
If you suffered severe injuries in a car crash, you may be facing a challenging recovery. A successful judgment against the at-fault driver responsible for the injuries that you sustained in the collision could help relieve your future financial burdens. Reach out to a skilled Elkins car accident lawyer today to learn if you could be entitled to financial relief.