Wheeling, WV Car Accident Lawyers
Dealing with the aftermath of a car accident can be complicated and unpredictable, and awareness of your legal rights and local laws can matter. Our team of skilled injury attorneys in Wheeling, WV, can help you identify everyone’s role in this convoluted process, and get you the compensation you deserve for injuries suffered in a car accident. For a complimentary case evaluation, please get in touch at your earliest convenience.
What Should You Do After an Accident in Wheeling, WV?
After a motor vehicle accident in Wheeling, West Virginia, victims should immediately call 911. It’s crucial to seek medical treatment promptly and keep vehicles in place unless they pose a safety hazard. Exchanging insurance and driver’s license information is important, but avoid sharing excessive personal details. If you are able to take photos, documentation may come in handy when we are fighting for a fair settlement on your behalf.
If witnesses are present, collect their contact information and provide it to the police. Additionally gather contact details of any witnesses and provide this information to the police. Although there are legal requirements for reporting a car accident in West Virginia, it is suggested to always report accidents regardless of the dollar amount. If you fail to report your accident and the damages end up being over $1,000, you could unintentionally violate the law.
In addition, it is a good idea to get a medical evaluation following an accident. Commonly, accident victims do not feel their injuries until days later. Going to an emergency room or urgent care facility after the accident will ensure you receive proper medical treatment. The information you receive from medical professionals regarding your injuries is a good paper trail if you decide to seek legal compensation.
West Virginia Automobile Insurance Minimum Requirements
To drive legally in West Virginia, you must have a valid insurance policy for your vehicle. Drivers must have liability insurance of $25,000 per person with a maximum of $50,000 per accident. However, many drivers violate this law.
If you are involved in an accident and the other driver lacks insurance or has insufficient coverage to compensate for your damages, your insurance must step in. Even if you believe you are at fault or concerned about inadequate coverage, it’s a good idea to consult with a Wheeling, WV attorney. We are well-versed in the area’s laws and can provide valuable guidance.
Additionally, you may still be eligible for compensation, even if you are partially at fault for the accident. West Virginia follows a modified comparative fault law, which allows you to recover damages if you are not greater than 50% at fault. However, your compensation may be reduced by your percentage of fault.
Details on the Types of Compensation You Can Receive After a Car Accident
When pursuing compensation after a car accident, several types of damages may be available depending on the specifics of your case. Below are some categories that may be reimbursable. Damages range from direct financial losses to non-economic harms.
Economic damages are tangible losses that have a direct financial impact on the victim. These include medical expenses (both current and future), lost wages due to inability to work, property damage (such as vehicle repair or replacement costs), and other out-of-pocket expenses related to the accident and recovery.
Non-economic damages are more subjective and compensate for intangible losses that don’t have a specific monetary value. These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (impact on personal relationships).
In cases involving severe negligence or malicious intent, punitive damages may also be sought. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future. The availability and limits of these damages can vary depending on state laws and the specific circumstances of the accident.
Above are just a few of the many reimbursable expenses. Contacting a qualified injury attorney in Wheeling, VA, to learn more about these and other reimbursable costs is essential. It is imperative that you keep all receipts regarding expenses related to a car accident so that you have proof of your damages. This will help when your attorney is negotiating settlement amounts and presenting your case to the jury.
Calculating Economic Damages
Medical Expenses
The fact that medical expenses can add up quickly is no mystery, and hospital stays, medication, emergency room visits, surgery, and other costs must be paid for. However, many victims accept settlement offers too soon, and do not factor in the cost of long-term medical expenses and ongoing rehab. If you require years of medical attention after a car accident, the amount of compensation should reflect that. For instance, if you suffer a spinal injury after being rear-ended, you may need years of treatment.
Along these lines, some car accident victims decline assistance from EMTs after an accident out of fear that they won’t be able to pay the emergency room bill. Do not do this. If medical personnel recommend that you go to the hospital, take their advice – we will help you recover medical costs after the fact. It’s better that you get to your injuries right away and start the paper trail, then find out days or weeks later that you have an injury that has been worsening.
Lost Wages and Loss of Earning Capacity
Some injuries prevent the victim from working for a period of time. This can lead to short-term financial hardship and additional stress. An attorney will help you calculate the amount of lost wages for which you are owed, and you can recover compensation for those lost wages. Additionally, if an injury causes chronic pain or a permanent disability, the worker may be able to receive compensation for diminished earning capacity. This can be the case in construction and other jobs that involve manual labor.
When injuries prevent you from working, compensation for lost wages can cover the income you missed during recovery. If your injuries lead to a long-term or permanent disability, you may also seek damages for diminished earning capacity.
For example, if an accident leaves a construction worker unable to perform physical labor, they might receive compensation for the difference between their pre-accident and post-accident earning potential. Your car accident lawyer will help you calculate future damages in order to make a viable claim.
Other Out-of-Pocket Expenses
Keep receipts and documents related to medical supplies, transportation costs, and any other expenses that you are burdened with as a result of the accident. All costs can be considered as we calculate your economic damages.
Non-Economic Damages
Non-economic damages compensate the injured party for losses that don’t have a direct monetary value. These damages focus on the emotional, psychological, and relational impact of the accident.
Pain and Suffering
Pain and suffering compensate the victim for physical pain and emotional suffering brought about by the accident. The more severe an injury is, and the longer the recovery time, the greater the pain and suffering judgment may be.
Emotional Distress and Mental Anguish
Victims in West Virginia can sue for emotional distress, and even the state’s supreme court has a history of ruling in the victim’s favor – see the Perrine v. E.I. Du Pont De Nemours & Co. case, in which victims were awarded damages for emotional distress without suffering physical injury.
As it relates to motor vehicle accidents, emotional distress compensation accounts for the psychological toll of a crash. Victims who experience anxiety, depression, or PTSD due to the crash may be eligible for damages. For instance, some victims develop a fear of driving or suffer from flashbacks and panic attacks.
Loss of Enjoyment of Life or Consortium
Severe injuries can rob you of activities or hobbies you previously enjoyed, and while money cannot replace things like relationships or community, you can seek legal recourse for your loss in the form of non-economic damages.
Loss of consortium refers to the impact the accident has on personal relationships, particularly between spouses. A car accident can cause a healthy marital or family relationship to be diminished, and the spouse may be eligible for damages. This applies to wrongful death cases as well as severe injury.
Punitive Damages
Punitive damages are primarily intended to send a message – they will deter the at-fault party from hurting additional victims, and punitive measures serve as a warning to other people who may engage in dangerous behavior. West Virginia Code §55-7-29 allows for punitive damages in cases where the at-fault party acted with gross negligence, malice, or willful misconduct.
What Happens if the Other Driver is Uninsured or Underinsured?
You can receive compensation even if the at-fault driver does not have insurance or adequate insurance. As an insured driver in West Virginia, you are required to carry uninsured motorist coverage, and this will apply when the other driver doesn’t have insurance. Your insurance company may dispute the amount of the claim, but the attorneys at Miley Legal will negotiate with the insurance company and present evidence that will win fair compensation.
In cases where the at-fault driver has only the minimum amount of insurance, your medical bills and damage may exceed the $25,000 threshold. If you have underinsured motorist coverage, your policy will make up the difference. But if you don’t have this optional policy, an attorney can help you pursue compensation through other legal channels.
How Compensation is Calculated After a Car Accident
The severity of your injuries, impact on your quality of life, and the extent of your financial losses will factor into this calculation. Insurance companies often use formulas or multipliers to estimate non-economic damages based on your medical expenses, but these calculations usually undervalue your claim, especially if there are long-term healthcare considerations or non-economic damages.
As experienced attorneys, we advocate on your behalf. We will gather medical records, expert testimonies, witness statements, and other forms of evidence to paint an accurate picture of your losses. If we cannot reach a fair settlement with your insurance company or the at-fault party, we will go to trial.
Contact a Wheeling, WV Car Accident Attorney
If you’ve been injured in a car accident, time is of the essence. As in all jurisdictions, there is a statute of limitations for reporting a car accident in WV. Missing this legal time frame can mean forfeiting your right to legal compensation.
At Miley Legal, we pride ourselves in first-class client care. We’ve been representing accident victims for many years, and we understand what it takes to win. Contact us today to meet with one of our experienced local attorneys. We will be happy to walk you through every step of the process.