West Virginia Car Accident Lawyer

A car accident in West Virginia can leave you with painful injuries, emotional trauma, and overwhelming medical bills. When someone else’s negligence causes the crash, you have the right to seek compensation. However, insurance companies often try to minimize your claim or deny it altogether.

The West Virginia car accident lawyers at Robinette Legal Group, PLLC, protect the rights of injured people. We investigate the crash, gather evidence, and fight for a fair settlement that covers your losses so you can focus on your recovery.

We can investigate the case, gather evidence, and fight for a fair settlement value for your losses. 

Why Choose Our West Virginia Car Accident Attorneys

Your likelihood of recovery from an injury depends on the settlement value you receive in a car accident claim. Therefore, you should work with our car accident lawyers, who understand the rights of injured victims.

Here’s why you should work with us:

• Compassionate Support: Representing car accident victims is more than a job. We care for you by taking the time to understand how the injury has affected you. We then work tirelessly to pursue a fair settlement that covers your injury-related losses.
• Location: We are at 211 Everhart Dr, Ste 200, Morgantown, WV 26508, just a few blocks from Renzo Gracie Morgantown.

Compensation for a Car Accident

You can initiate a personal injury claim or lawsuit to obtain compensation for your losses.

Here are the damages you can obtain in a car accident:

Medical Expenses

You must incur medical expenses as you recover from a physical injury. Medical expenses make up a significant portion of a car accident claim. Medical expenses damages can cover the following costs:

• Medication
• Ambulance charges
• Emergency room charges
• Physician’s bill
• Physical therapy
• Ongoing care

Medical expenses can add up quickly, so you should receive compensation for current and future medical needs.

Lost Income

If your injury has caused you to miss work or has affected your ability to earn a living, you may be entitled to compensation for the lost income. Lost income can include the income you’ve missed and future income you may potentially lose due to your injury.

Lost income can cover regular salary, tips, bonuses, commissions, overtime, vacation, and other benefits you would have earned.

Our West Virginia car accident lawyer can use the following sources of evidence to support your claim:

• Pay stubs
• Tax returns
• Bank statements
• Profit and loss statements
• Invoices
• A letter from your employer
• Medical records

Out-of-pocket Expenses

You can also pursue compensation for out-of-pocket expenses relating to the car accident. These expenses include transportation to medical appointments, home healthcare services, over-the-counter medications, or modifications to your living environment to accommodate your injury.

Keep a record of the above expenses to support your compensation claim for out-of-pocket expenses.

Pain and Suffering

Pain and suffering are non-economic damages that can be challenging to quantify but are as important as economic losses. These damages compensate an injured victim for the pain, discomfort, inconvenience, and trauma they experience due to the accident.

For example, a car accident victim with a back injury may experience chronic pain for weeks, months, or years after the accident. A skilled car accident attorney can use medical records to prove pain and suffering and pursue compensation for these losses.

Other sources of evidence to prove pain and suffering include personal journals, testimony from mental health professionals, statements from family and friends, and expert witness testimony.

Emotional Anguish

Emotional anguish compensates a victim for the psychological impact, such as post-traumatic stress disorder, anxiety, depression, or other mental health issues that arise as a result of the crash.

For example, you may suffer post-traumatic stress disorder if the events leading to the car accident were traumatic.

Our car accident attorneys can use the following evidence to prove emotional anguish:

• Documentation from a therapist
• Prescription records
• Medical bills
• Work performance records

Loss of Enjoyment of Life

Loss of enjoyment of life is the impact the accident has had on your ability to engage in and enjoy activities you once loved. An injury can prevent you from participating in hobbies, social events, or other activities.

Compensating for the loss of enjoyment of life can help regain some of the joy and fulfillment that the accident has taken away.

Loss of Companionship

Loss of companionship is a type of damage that may apply in cases involving severe injuries or fatalities. It aims to compensate an injured victim for the loss of the relationship and companionship they had with a loved one who suffered an injury or was killed in the accident.

While no amount of money can truly compensate for such a loss, these damages can provide some financial support during a difficult time.

Permanent Disability

Permanent disability or disfigurement can have long-lasting consequences that extend far beyond the immediate aftermath of a car accident. For example, you may be entitled to compensation if a permanent disability has hindered your ability to earn a living.

Permanent disability damages can also cover expenses related to ongoing medical care, rehabilitation, and modifications to your living situation to accommodate your disability.

Our car accident lawyers can use medical records, expert testimony, and vocational assessments to prove your disability is permanent and its impact on your ability to work and earn a living.

Punitive Damages

Punitive damages may be awarded in cases where the at-fault party’s actions were particularly egregious or intentional. These damages are meant to punish the responsible party and deter similar behavior in the future.

While punitive damages are less common in car accident claims, they can increase your settlement value in extreme negligence or misconduct cases.

Understanding Fault in West Virginia Car Accidents

West Virginia operates under an at-fault system. This means the person who negligently caused the accident must pay for the damages. However, the state also follows a modified comparative negligence rule.

Under this rule, a court can find that more than one person shares blame for an accident. If you are partially at fault for the crash, your final compensation award will decrease by your percentage of fault.

Crucially, you cannot recover any damages if a court determines you were 50% or more at fault for the accident. Insurance companies often use this rule to argue that a victim shares significant blame to avoid paying a claim. We investigate the accident to establish the other party’s full responsibility and counter these tactics.

Where Do Car Accidents Occur in West Virginia

While car accidents can occur in any part of West Virginia, road users are vulnerable in specific zones.

Here are roads where accidents are likely to occur in West Virginia:

• Interstate 79: Interstate 79 is a major highway from Charleston to Morgantown, and it is a common site for car accidents due to heavy traffic, construction zones, and inclement weather conditions.
• Route 50: Known for its scenic views, Route 50 can also be dangerous due to its winding paths and sharp turns. Drivers are at risk of crashes, especially during adverse weather conditions.
• Interstate 64: Connecting the major cities of Huntington and Charleston, Interstate 64 sees a high traffic volume, increasing the likelihood of accidents. Speeding and distracted driving are common causes of collisions on I-64.
• Route 19: Running through the heart of West Virginia, Route 19 is popular for commuters and travelers. However, the road’s narrow lanes and sharp curves make it prone to accidents.
• Interstate 68: Crossing through the northern part of West Virginia, Interstate 68 is known for its steep grades and challenging driving conditions, especially during winter. Inattention, speeding, and aggressive driving are the leading causes of crashes on Interstate 68.

What Types of Car Accidents and Injuries Can Result in Good Legal Cases?

Car accidents can result in physical injuries, financial difficulties, and reduced quality of life. Our car accident lawyers can help pursue compensation if you’ve sustained an injury due to someone else’s negligence.

We can represent you if injured in any of the following accidents:

• Rear-End Collisions: Whether you were the driver in front or behind, our car accident attorneys can help determine liability and ensure you receive fair compensation for your injuries.
• T-Bone Accidents: These collisions often result in severe injuries due to the side impact. Our car accident attorneys can investigate the circumstances and hold the at-fault party accountable for your damages.
• Head-On Crashes: Head-on collisions are among the most devastating accidents, and they can lead to catastrophic injuries. Our car accident attorneys understand the applicable personal injury laws and can guide you through the legal process.
• Rollover Accidents: These accidents can be caused by various factors, such as reckless driving or defective vehicle parts. Our car accident lawyers can investigate the crash and build a strong case on your behalf.
• Hit and Run Incidents: Being involved in a hit and run can be overwhelming, but our car accident attorneys can help you seek justice and compensation even if the at-fault driver flees the scene.

Our car accident lawyers can also protect your legal rights if you sustain different types of injuries, including:

• Traumatic brain injuries
• Spinal cord injuries
• Whiplash injuries
• Chest injuries
• Broken bones
• Burns
• Cuts
• Knee Injuries
• Internal injuries

You can count on our car accident attorneys to handle the legal aspects of your claim as you focus on recovery.

Fighting the Insurance Company

Although you may be entitled to compensation for your injury-related losses, you will likely face resistance from the negligent party’s insurer. In most cases, insurance adjusters work hard to minimize the financial liability of the at-fault party.

For example, an insurer may downplay the severity of the injury by making a low settlement offer that doesn’t match your losses. Further, an insurer will employ a defense attorney to protect its interest during negotiations.

However, you can level the playing field against an insurer by working with our car accident attorneys.

Here’s how our car accident attorney can fight an insurer:

Establishing the Value of Damages

You’re likely to receive a fair settlement value if you understand the value of your damages. Our car accident lawyers understand the applicable losses in your claim and how to estimate the value of economic and non-economic damages.

By presenting a comprehensive picture of your damages, we aim to secure the full and fair compensation you deserve.

Negotiating With Insurance Providers

You’ll likely leave money on the table if you approach settlement negotiations without legal aid.

Our experienced car accident attorneys know how insurance companies operate and will skillfully negotiate on your behalf to reach a favorable settlement. Whether it involves countering lowball offers or challenging unjust denials, our car accident lawyers will work tirelessly to protect your rights.

Representation in Court

Robinette Legal Group’s dedicated car accident lawyers are prepared to take your case to court if you can’t agree with an insurer. They are seasoned litigators with a track record of success in the courtroom.

Our car accident lawyer can present compelling evidence, examine witnesses, and argue your case before a jury or judge to maximize your settlement value.

What to Do After a Car Accident

Your actions after a car accident can enhance your wellness and protect your legal rights.

Here’s what to do after a car accident in West Virginia:

Seek Immediate Medical Attention

You should seek immediate medical attention even if you feel alright. Symptoms of some injuries, including concussion or whiplash, are not immediately apparent. A healthcare provider can reveal hidden injuries and initiate a treatment plan.

Further, a healthcare provider will document the injuries and treatment plan. Our car accident lawyers can use medical records to prove the extent of the injury and support your medical expenses claim.

Consult Our Car Accident Lawyers

Speak with our car accident attorneys at Robinette Legal Group, PLLC, after sustaining an injury in a crash. We will evaluate the facts and circumstances of the accident and determine if you have a case against the negligent party.

Our car accident lawyers will also help adhere to the legal timelines in your claim. The West Virginia personal injury statute of limitations requires injured victims to file a lawsuit within two years.

Our car accident attorneys understand the applicable timelines and will initiate a timely claim so you don’t lose your right to compensation.

West Virginia Car Accident FAQs

What happens if the at-fault driver has no insurance?

If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own insurance policy’s Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage.

West Virginia requires insurers to offer this coverage, and it is wise to carry it. Filing a UM/UIM claim involves negotiating with your own insurance company, and we can manage that process for you.

How much does it cost to hire a car accident lawyer?

We handle personal injury cases on a contingency fee basis. This means you pay no upfront fees. Our fee is a percentage of the settlement or verdict we obtain for you. If we do not win your case, you owe us nothing for our legal services.

Should I give a recorded statement to the other driver’s insurance adjuster?

We strongly advise against giving a recorded statement to the at-fault party’s insurance company without first consulting an attorney. Adjusters are trained to ask questions designed to get you to say something that undermines your claim. You have no legal obligation to provide them with a statement. You can politely decline and tell them your attorney will be in contact.

What if the insurance company’s settlement offer seems fair?

Initial settlement offers from insurance companies are rarely fair. They often fail to account for future medical needs, lost earning capacity, or the full extent of your pain and suffering.

Before accepting any offer, hire an experienced attorney to review it to ensure it covers the full, long-term value of your claim.

Let Our West Virginia Car Accident Lawyers Fight for You

You’ll likely encounter financial strain after being injured in a car accident. For example, a broken leg can keep you out of work for an extended period, affecting your ability to meet your financial obligations.

While you may recover compensation for these losses, you must demonstrate how the negligent actions of the at-fault party led to the accident. Our car accident lawyers at Robinette Legal Group, PLLC, understand the value of your losses and will tirelessly fight for your right to compensation.

Contact us online or at (304) 594-1800 for a free case evaluation.

Jeffery Robinette, West Virginia Car Accident Lawyer

Call us today to find out how we can help you.

Free Case Evaluation