If you were injured in a car accident that was someone else’s fault, you might be wondering how you can seek justice for your losses. You shouldn’t have to bear the costs of someone else’s negligence. Turn to Robinette Legal Group, PLLC for assistance with your case. Our experienced car accident attorneys want to pursue the compensation you deserve for your injuries and losses. To learn more, contact us today for a free initial case evaluation.
What To Do After a Car Accident in Westover
If you are in a car crash, you should call the police and make sure they file an accident report once they arrive. Depending on your injuries, you should go to the hospital from the scene or seek medical care as soon as possible after the accident. This will ensure that your injuries are treated and documented for evidence in your case.
You should collect any relevant evidence at the scene of the accident, if possible. This is also important documentation for your case. Take pictures of the scene and your injuries, collect any witnesses’ names and contact information, and take notes for any details that might be helpful.
In the days and weeks after your accident, make sure you keep any documentation that supports your personal injury claim. Examples include:
- Police reports
- Property damage estimates
- Medical records
- Emergency room reports
- Doctor’s bills
Refrain from posting anything on social media about your accident. Insurance companies and defense attorneys commonly check the social media accounts of potential personal injury plaintiffs for anything that can weaken their case. It is difficult to claim some type of harm if a picture or video on social media shows you participating in some physical or recreational activity that is contradictory.
How Is Fault Determined in West Virginia Car Accident Cases?
Every driver in West Virginia has a duty to operate their motor vehicle with reasonable care under the circumstances. Someone who does not drive with reasonable care and causes an accident may be held at fault for the accident.
Fault in a West Virginia car accident determines the amount of compensation, if any, that is paid in a personal injury case. In a motor vehicle accident in West Virginia, fault is determined by the laws of negligence. A driver is negligent if they violate a traffic law by speeding, making an illegal turn, or not stopping at an intersection when required.
You can be partially at fault for an accident in West Virginia and still receive compensation for your losses. The state has a modified comparative negligence rule for determining damages. It is based on assigning fault to each party in an accident based on the evidence. In West Virginia, you can recover compensation if you are 50 percent or less at fault for the accident. If a court in West Virginia awards you money, they will do so in proportion to the amount of your fault.
For example, if you are 25 percent at fault for the accident and your damages are $100,000, the court will award you $75,000. If you bear 50 percent or more of the blame for the accident, the court will not award you any damages. The experienced West Virginia car accident lawyers at Robinette Legal Group, PLLC can help gather the evidence necessary for you to seek the maximum amount of compensation for your personal injury claim.
Compensation Available in a Car Accident Lawsuit
The West Virginia legal system allows accident victims to recover economic and non-economic damages to compensate them for their losses. Economic damages are out-of-pocket financial losses that you incur because of your injuries. They are objectively easy to verify because a record like a paystub or medical invoice offers effective proof. Some types of economic damages include:
- Medical expenses, including doctor bills, hospital bills, and prescription costs
- Lost wages, if you are unable to work while injured
- Future wages or reduced earnings, if you unable to make your prior income due to your injuries
- Property damage, including damage to or the total value of your car
Non-economic damages compensate you for the nonmonetary losses caused by the accident. These are subjective and harder to prove than economic damages. Non-economic damages include pain and suffering, emotional distress, and mental anguish.
Statute of Limitations for Car Accident Claims in West Virginia
A statute of limitations is a law that limits the amount of time you have to file a lawsuit. It is a deadline for taking legal action and suing someone for your legal claim. These laws are in place to avoid the problems associated with lost evidence and the faded memories of witnesses.
West Virginia has a statute of limitations for filing personal injury claims for car accidents. If you have suffered injuries in any type of motor vehicle accident, West Virginia’s statute of limitations for personal injury claims gives you two years to file a lawsuit. If you do not file a lawsuit by this date, you will likely forfeit your right to recover compensation through the West Virginia court system.
Talk to Our Experienced Car Accident Lawyers in Westover, WV Today
The West Virginia personal injury lawyers at Robinette Legal Group, PLLC are dedicated to maximizing your financial recovery from any type of accident. We have the experience and proven record of success that you can count on. Our goal is to give the utmost personal attention to each of our clients. Contact our experienced car accident lawyers in West Virginia today for a free initial consultation.