Car Accident Lawyer in Parkersburg, WV
Dealing with the aftermath of a car accident can be scary, especially when injuries and property damage are involved. Don’t try to navigate the legal process alone. Our car accident lawyers in Parkersburg, WV will speak with you about your case and present a path forward in a free case evaluation. If you have any questions following a vehicle accident injury, simply reach out and get in touch with us.
What Kind of Car Accidents Do We Handle in Parkersburg?
Rear-End Collisions
Rear-end collisions are the most common type of car accident. One car hits the back of another, often due to distracted driving or sudden stops. We know how to prove fault and get you compensated.
T-Bone Accidents
T-bone accidents happen when the front of one car hits the side of another, forming a “T” shape. These occur at intersections and can be very serious. We make sure the responsible parties are held accountable.
Head-On Collisions
Head-on collisions are the most severe type of car accident, often resulting in serious injury or death. Two cars collide front to front, usually due to wrong way driving or passing errors.
Multi-Car Pile-Ups
Multi-car pile-ups involve multiple cars and can be tricky due to the number of parties involved. We can untangle these complex cases to determine fault and get fair compensation.
Drunk Driving Accidents
Drunk driving accidents are entirely preventable and can be brutal. We go after justice for drunk driving victims and hold the drunk driver accountable.
How Can a Parkersburg Car Accident Lawyer Assist You?
Investigating the Accident Scene
A thorough investigation of the scene is vital to winning. Our lawyers can work with experts to recreate the accident and get the evidence.
Gathering and Preserving Evidence
We get and preserve the evidence, including police reports, witness statements, and surveillance video, to support your claim and prove liability.
Negotiating with Insurance Companies
Insurance companies want to pay out as little as possible. Our negotiators will handle all the insurance company communication so you get a fair deal.
Representing You in Court
While most cases settle, we’ll take your case to court if need be. Our attorneys are seasoned litigators who will fight for you in court.
Damages You Can Recover For a Car Accident in Parkersburg
When another driver’s negligence causes your injuries, you have the right to seek compensation. Our attorneys will calculate your damages, compile evidence, and argue for the payout you deserve.
Compensatory Damages
Economic damages, which cover financial losses, and non-economic damages, which cover more subjective forms of loss, are both under the umbrella of compensatory damages.
Economic Damages
Your out-of-pocket expenses and direct financial losses from the accident will be covered as economic damages. Medical expenses include emergency room visits, surgeries, rehab, and in the case of chronic conditions, long-term care, and both past and future medical expenses can be claimed in personal injury cases.
Lost wages would also be considered economic damages. If your injuries prevent you from working, you can recover compensation for the missed hours. You may also argue for diminished earning capacity if you are no longer able to continue in the same line of work. For example, a factory worker who sustains a severe back injury may need additional compensation if he can’t return to work. Our attorneys will obtain the required proof to demonstrate to a judge that your earning capacity is reduced as the result of your accident.
Property damage is another straightforward item under the umbrella of economic damages. The cost of repairing or replacing your vehicle would be included, as well as any valuables that were destroyed in the vehicle.
Non-Economic Damages
If damages don’t have a clear monetary value, they would be considered non-economic damages. Pain and suffering is perhaps the most well-known example. Physical pain and emotional suffering would lead to the recovery of non-economic damages, and the length of your recovery or the intensity of the pain will influence the amount.
Furthermore, if your injuries prevent you from participating in hobbies, recreational activities, or other aspects of daily life that you previously enjoyed, you may be entitled to financial recovery. West Virginia law provides for non-economic damages like emotional distress and loss of consortium.
Punitive Damages
If the at-fault party for particularly reckless or malicious behavior, our attorneys will argue for punitive damages in your case. West Virginia code §55-7-29 explains that the at-fault party’s actions must demonstrate willful or reckless disregard for the safety of others – street racing that leads to the death of an innocent pedestrian would be an example. Punitive damages can be up to four times the amount of compensatory damages or $500,000, whichever is greater.
Recovering Damages From Uninsured or Underinsured Drivers
Receiving payment from insurance companies after an accident is anything but straightforward. The at-fault driver may be uninsured or underinsured, and you must contend with skepticism and lowball offers from both insurance companies (yours and the driver’s). Our attorneys help injury victims fight lowball insurance offers every day, so please get in touch if you have any questions.
Uninsured Motorist Coverage
All drivers in West Virginia are required to carry uninsured motorist insurance coverage. This means that your own insurance company will help cover medical expenses, lost wages, and other damages if the at-fault party does not carry insurance. However, your own insurance adjuster may still try to diminish your damages or argue that you were partially at fault. If you encounter this situation, we will help you.
Underinsured Motorist Coverage
When the at-fault driver’s insurance is insufficient to cover the full extent of your damages, your underinsured insurance policy will make up the difference. For instance, if your total damages amount to $100,000 but the at-fault driver’s policy only carries the typical $25,000 minimum, your underinsured motorist coverage will go to work. However, underinsured motorist coverage is optional in West Virginia – review your policy to see if you have this coverage in place.
Filing a Personal Injury Lawsuit
In some cases, you may need to file a personal injury lawsuit to recover damages from an uninsured or underinsured driver. This approach allows you to seek compensation directly from the at-fault party’s assets. However, collecting damages in these situations can be challenging, particularly if the driver lacks substantial assets. A personal injury attorney can evaluate your case and advise on the most effective strategy for securing compensation.
Hit-and-Run Accidents
Uninsured motorist coverage applies to hit-and-run accidents in West Virginia. Remember to report the accident to the police as soon as possible after the accident, and once you are physically able to do so, call an attorney if there are injuries.
What is the Statute of Limitations for Car Accident Claims?
In West Virginia, the statute of limitations for a personal injury claim, including car accident claims, is two years from the accident date. There are exceptions, as in the case of minors, or when injuries were not immediately apparent at the time of the accident.
Why the Statute of Limitations Matters
Legal Rights
Filing within the statute of limitations is crucial in protecting your legal rights. It’s like a ticking time bomb. If you don’t file a claim within this time frame, you may lose your right to get paid for your injuries and damages.
Evidence
Acting fast ensures the preservation of evidence in your case. Over time, evidence can be lost, and witnesses’ memories can fade, making it harder to prove your case.
Negotiating Leverage
Knowing you can sue provides leverage in negotiations with insurance companies. If they see the statute of limitations is approaching, they may slow down the settlement process, knowing that if time runs out, you may forever waive your right to bring a claim for your injuries.
Modified Comparative Negligence Laws in WV
West Virginia is a modified comparative negligence state. A partially responsible person can still receive compensation for an accident. However, the compensation they receive is reduced based on their percentage of fault.
Why Choose Our Parkersburg Car Accident Lawyers?
Local Knowledge and Reputation
We know West Virginia’s traffic and injury laws intimately, and we’ve represented hundreds of victims just like you. Furthermore, when the insurance company receives correspondence from our firm, they know
Extensive Experience
We know West Virginia car accident laws and regulations and have a proven track record of successful settlements and verdicts. We give one-on-one attention to each client, taking the time to understand your situation and tailor our approach to your needs.
Contact Us for a Free Consultation
If you were in a car accident in Parkersburg, contact the experienced West Virginia car accident attorneys at Miley Legal for a free consultation. Don’t leave your settlement to chance. Reach out today to take the first step toward getting what you deserve.