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Wes Metheney Honored by Best Lawyers®


Attorney Wes Metheney was named the Best Lawyers® 2017 Plaintiff’s Personal Injury Litigation “Lawyer of the Year” in the Morgantown area. In addition, the publication announced that Metheney was selected for inclusion in the 27th Edition of The Best Lawyers in America©, for his work in personal injury litigation for plaintiffs.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers® lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America©, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers® is considered a singular honor. Corporate Counsel magazine has called Best Lawyers® “the most respected referral list of attorneys in practice.”

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Bill Frame named to Best Lawyers® 2020


 
Attorney Bill Frame has been recognized in the 27th Edition of The Best Lawyers in America© in the practice area of Personal Injury Litigation-Plaintiffs.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers® lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers® is considered a singular honor.

 For additional information on Best Lawyers®, visit https://www.bestlawyers.com/About/History.aspx.
 

Wilson, Frame & Metheney Receives Top Tier Ranking


The local law firm of Wilson, Frame & Metheney, PLLC has been ranked as a 2020 Tier One law firm in the area of Plaintiff’s Personal Injury in the State of West Virginia by a selection group comprised of U.S. News and World Report and Best Lawyers in America.

The two partners of the firm, William Frame and Wesley Metheney have been representing injured citizens and the families of lost loved ones together for more than 34 years. They are board certified as Civil Trial Lawyers, by the National Board of Trial Advocacy.

Wilson, Frame & Metheney, PLLC has represented citizens in landmark cases involving health care and medical malpractice, insurance law disputes, industrial site, mining and power plant catastrophes, defective products, gas well explosions and auto/truck collisions.

Both William Frame and Wesley Metheney have also been selected as “Super Lawyers” in Plaintiff’s Personal Injury law for several consecutive years by Law and Politics magazine and both are past Presidents of the West Virginia Association of Justice and are members of the American Association of Justice.

The law firm Wilson, Frame & Metheney, PLLC is located at 1000 Coombs Farm Drive, Morgantown, WV.

Wes Metheney and Bill Frame Honored by Best Lawyers® 2020


Attorneys Wes Metheney and Bill Frame were each selected for inclusion in the 27th Edition of the The Best Lawyers in America©, for their work in personal injury litigation for plaintiffs.
Metheney is a West Virginia University College of Law graduate and Past President of the WV Association for Justice.

Frame is also a West Virginia University College of Law graduate and is involved in a variety of professional associations and memberships.

Inclusion in Best Lawyers® is based on a rigorous peer-review survey comprising more than 7.4 million confidential evaluations by top attorneys. Their founding principle remains unchanged since 1983 and forms the basis of transparent methodology: The best lawyers know who the best lawyers are. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

For additional information on Best Lawyers®, visit: https://www.bestlawyers.com/history

West Virginia Innocence Project receives $100,000


MORGANTOWN, WEST VIRGINIA — The law firm Wilson, Frame & Metheney, PLLC has made a $100,000 gift to the Innocence Project at the West Virginia University College of Law.
The funds, paid over five years, will provide operational support for the West Virginia Innocence Project, a law clinic that serves the wrongfully convicted free of charge while providing work experience for student attorneys.

“We are happy to be able to support the Innocence Project’s work in West Virginia,” said attorney Wes Metheney. “For our justice system to function smoothly, the wrongfully convicted need a champion. In the Mountain State, that champion is the West Virginia Innocence Project.”

Third-year law students and law faculty operate the West Virginia Innocence Project. Directed by Professor Valena Beety, the clinic is dedicated to serving incarcerated persons in state or federal prison in West Virginia by providing free legal representation to individuals with meritorious claims of innocence. The clinic also advocates for reforms designed to avoid wrongful convictions, including improved eyewitness identification and forensic analysis.

“We are deeply grateful for this exceptional gift from Bill and Wes,” said Gregory Bowman, dean of the College of Law. “In today’s state budget climate, private funding is vital to support the college’s ongoing commitment to serving the legal needs of West Virginians.”

Founded in 1922, Wilson, Frame & Metheney, PLLC is personal injury law firm serving clients in Monongalia, Marion, Harrison, Taylor and Preston Counties in West Virginia, Fayette and Greene Counties in Pennsylvania, and Garrett County, Maryland.

Frame and Metheney are 1982 and 1983 graduates of the WVU College of Law.

Their gift to the West Virginia Innocence Project is part of the WVU A State of Minds: The Campaign for West Virginia’s University, which ends on December 31. To date, the campaign has raised more than $1.15 billion for the university.

Read more here: https://www.usnews.com/news/best-states/west-virginia/articles/2017-11-28/wvu-law-school-gets-100-000-for-innocence-project

WF&M Receives a 38th Annual Telly Award


Wilson, Frame, and Metheney P.L.L.C, one of the most respected personal injury law firms in the state of West Virginia, won a 38th Annual Telly Award, in Bronze, for the “We Know What To Do” TV spots.

The Telly Awards honors excellence and video and television across all screens. The awards were created in 1979 to celebrate local, regional and cable television commercials with non-broadcast video, and television programming added soon after. Today, with the rise of digital video, they celebrate the new era of the moving image both on and offline. For the past 38 years, with more than 12,000 entries, the Telly Awards annually showcase the best work created for video and television.

View WF&M’s award-winning TV spots.

WF&M | TV Testimonial | Auto Accident | Greaser

WF&M | TV Testimonial | Auto Accident | Scroggie

WF&M | TV Testimonial | Auto Accident | Berkley

Learn more about WF&M and their achievements, and how they can help you. Call today for a free consultation.

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William L. “Bill” Frame


Phone:
304-534-9019
800-734-7070
Fax:
304-292-9427
E-mail Bill


Education

  • West Virginia University College of Law, Morgantown, West Virginia
    Doctor of Jurisprudence – 1982
  • University of Nothern Colorado
    Bachelor of Science – 1979
    Major: Political Science and Economics


Professional Associations and Memberships

  • AAJ, Sustaining Member, M Club, Eagle
  • WVTLA, President, 2003
  • WVTLA, Sustaining Member, Board of Governors
  • Trial Lawyers for Public Justice
Bill Frame began practicing law at Wilson, Frame & Metheney, PLLC, in May, 1982. Then, as now, the firm was dedicated almost exclusively to helping children, families, workers, consumers and others wrongfully injured or killed. Bill immediately began trying cases to juries in both State and Federal courts. Early on in his career Bill was trying complex cases involving coal mining injuries and deaths, major motor vehicle collisions, catastrophic explosions and burn injuries, cases involving defective products and exposure to toxic substances, medical malpractice and construction site incidents.

At the same time, Bill Frame and his firm were pioneers in broadening and expanding insurance law in West Virginia, fighting for greater insurance coverage in liability and underinsurance situations, and challenging insurance industry practices with insurance bad faith litigation. Bill has had extensive experience and success in the Supreme Court of Appeals of West Virginia and the United States Court of Appeals for the Fourth Circuit.

For his commitment and passion to his clients, Bill has been recognized by his peers and honored for his work. He is a career long member of the America Association for Justice, achieving leadership status as an “Eagle.” Bill has also been a member of the West Virginia Association for Justice, serving on its Board of Governors, and was chosen as its President in 2002.

Bill Frame has been recognized as a West Virginia Super Lawyer from 2006 to present, was invited to join the National Trial Lawyers as one of its “Top 100 Civil Plaintiff Trial Lawyers for 2015″, and by Best Lawyers(8), Best Lawyers in West Virginia.

Bill Frame handles all types of motor vehicle accidents including passenger vehicles, motorcycles, tractor-trailers, and recreational vehicles. He also handles cases involving workplace injuries or death, medical malpractice and defective products. He actively prosecutes cases against insurance companies for bad faith and refusal to settle claims.


Recent Cases:
Marcellus Gas Well Explosions: Schoolcraft v. Chesapeake, et al. – hydrocarbon vapors ignited, causing explosion, Severe burn injuries;
Murray v. Anterno Resources, Nabors Completion and Production Co. – diesel engine ignited hydrocarbon vapors, multiple fatalities and burn injuries.
Infected TKA: Biesczad v. United Hospital Center and Joseph Fazalare, M.D. – failed total knee arthroplasty, infection, permanent total disability;
Nursing Home Neglect: Wolfe v. Heartland of Preston County – failure to prevent fall, wrongful death;


Representative Cases:
Medical Malpractice:
Lemley v. Monongalia General Hospital – wrongful death after Coronary artery bypass grafting;
Ewing v. West Virginia University Hospitals, Inc., and VVVll Board of Governors – wrongful death following repair of atrial septal defect;
Bland v. Womancare – failure/delay in diagnosis of breast cancer;
Cottrill v. United Hospital Center – wrongful death resulting from failure to monitor anesthesia;
Southerly v. Grant Memorial Hospital – failure to diagnosis damage to popliteal artery, amputation.


Defective Products:
Stiles v. Continental Motors, Federal Aviation Administration – aviation accident, defective stud in motor, negligence in air-traffic control;
Huber v. Ford Motor Company – wrongful death resulting from defective speed control cable.


Workplace Injuries:
Gum v. Trus Joist McMillen – gas line explosion;
Lawson v. Consol – mine Shaft explosion;
Nester v. Monongahela Power Company – toxic exposure, mercury poisoning.


Motor Vehicle Accidents:
Menear v. VVV Department of Highways – burn injuries, asphalt truck upset;
Strawser v. Mowry – Semi-tractor trailer ran over truck driver;
Poling v. EverSon – motorcycle/vehicular accident;


Insurance Claims:
Lazzell v. Nationwide Mutual Insurance Co. – bad faith refusal to pay fire loss;
Metheny v. Roberts – bad faith refusal to surrender within policy limits resulting in a substantial excess recovery;
Korzun v. Yi, Hertz Rental Car – declaration of coverage for underinsured motorist,


Criminal:
State v. Cullers – first degree murder;
State v. John Boy – Sexual assault by a custodian; State v. Pruitt, armed robbery;
State v. Sypolt – child sexual assault;


Areas of Practice

  • Personal Injury
  • Wrongful Death
  • Medical Malpractice
  • Automobile Accidents
  • Catastrophic Injuries
  • Defective Products
  • Insurance Bad Faith
  • Criminal Defense in Federal and State Courts
  • Family Law

Certified Legal Specialties

  • National Board of Trial Advocacy
  • Bar Admissions
  • U.S. District Court Southern District of West Virginia, 1982 U.S. District Court Northern District of West Virginia, 1983 U.S. Court of Appeals 4th Circuit, 1989 Supreme Court of Appeals of West Virginia, 1982

Wesley W. “Wes” Metheney


Phone:
304-534-9019
800-734-7070
304-290-2595
Fax:
304-292-9427
E-mail Wes


Education

West Virginia University College of Law, Morgantown, West Virginia
Doctor of Jurisprudence – 1983
West Virginia University, Morgantown, West Virginia
Bachelor of Science – 1968

Professional Associations and Memberships

  • American Association of Justice – AAJ
    • Sustaining Member, M Club
    • Outstanding State Delegate Award 1999 – 2000
  • West Virginia Association for Justice (West Virginia Trial Lawyers Association)
    • Board Member since 1983
    • Sustaining Member
    • President, 1995 – 1996
    • Member of the Year
    • President’s Award, 2000 – Present
  • Founding Fellow, Southern Trial Lawyers Association
  • West Virginia State Bar Foundation, Fellow

Wes Metheney is a native West Virginian and has been trying complex legal cases throughout the state and surrounding states since 1983.  He handles civil and criminal cases at both the trial court level and appellate levels.

Wes is one of only nine lawyers in West Virginia who is Board Certified in Civil Trial Advocacy.  Board Certification in this field is provided by the National Board of Legal Specialty Certification, which is an American Bar Association accredited organization.

Wes Metheney has been selected by his peers for inclusion in the 21st through 27th Editions of The Best Lawyers in America© in the practice of Personal Injury Litigation-Plaintiffs for every year since 2015. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For more than three decades, Best Lawyers has been regarded-by both the profession and the public-as the most credible and definitive guide to legal excellence in the United States. His peers have additionally recognized him as the “2017 Lawyer of the Year” for the Morgantown Area in plaintiffs’ personal injury litigation.

Wes has also received the highest rating from Martindale Hubbell, AV Preeminent, which is a significant rating accomplishment – a testament to the fact that the lawyer’s peers and clients rate him at the highest level of professional excellence with very high ethical standards.

In 2014, Wes was chosen to be a Founding Member of the National Association of Distinguished Counsel whose mission is to objectively recognize attorneys who elevate the standards of the bar and provide a bench mark for other lawyers. Only 100 lawyers in the United States were chosen for this honor and only one of two lawyers selected in West Virginia.

In 2015, Wes was selected as a Fellow of the Litigation Counsel of America, the Trial Lawyers Honorary Society, for excellence in the art of advocacy and the highest ethical standards and integrity.

In 2010, Wes was selected as a member of the National Trial Lawyers Association, a national organization composed of the Top 100 Trial Lawyers from each state.  Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, stature, and profile as a trial lawyer for civil plaintiffs or criminal defendants.

Since 2007, Super Lawyers has listed Wes as one of the Top 5% of the lawyers in West Virginia.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and assessment.
 
Representative Cases
Medical Malpractice:
Loy v. UHC Hospital, et. al. – Strep B-fetal brain damage
Riggs v. WVU Hospitals, et. al., – hospital negligence; landmark infection case
Johnson, Lofton v. WVU Hospitals, et. al. – hospital negligence case; landmark exposure to AIDS case
Powell v. WVU Board of Governors, et. al. – failure to diagnose brain tumor in a young child
Futten v. University of WV Board of Trustees and WVU Hospitals – wrongful death of twin infants, failure to diagnose fetal distress and negligent failure to perform emergency C-Sections
In Re: Death of Baby Girl Myers – wrongful death of infant – failure to diagnose necrotizing gram pneumonitis
Snyder v. Weyrich and Reynolds Memorial Hospital – wrongful death, sinus surgery, brain perforation during surgery (Moundsville, WV)
Cady v. Jones and Monongalia General Hospital – hospital/physician negligence, spinal stenosis surgery, paralysis
Cortes-Vargas v. Lotshaw – physician negligence during hysterectomy resulting in multiple injuries, hemorrhage and paralysis

Motor Vehicle Accidents:
Scroggie v. Shipley Transport System, et. al. – negligent maintenance of tractor trailer rig, lost wheel and tire assembly impact with passenger vehicle, massive skull fractures, brain damage, and loss of familial consortium
McCormick v. Federal Express, et. al.
 – negligent operation of a delivery vehicle, driving left of center, injuries to multiple parties, including paralysis of five year old child
Weaver v. Lanham
 – wrongful death of mother and spinal cord injuries and paralysis of three minor  children; negligent operation of vehicle crossing center line
Slavensky v. Monongalia County EMS, et. al.
, – negligent operation of ambulance; severe injuries to health care worker
Crooks v. Paul Thomas & Sons Trucking
, et. al. – negligent operation of tractor trailer, chain reaction collision, multiple injuries to senior citizens in a passenger vehicle

Workplace Injuries:
Mearns v. Antero Resources Corporation, et. al. – Marcellus gas well, drilling site explosion; wrongful death of gas field worker
Phillips v. Moore Business Forms – loss of toes on loading dock, deliberate intent
Prater v. B & O Railroad, et. al. – wrongful death, negligent operation of train – FELA case

Defective Products:
Sonya Carl v. Piper Aviation Trust – inflight breakup of aircraft, wrongful death
Shroyer v. Boston Scientific – cardiac personal injury, negligent manufacture of cardiac cutting balloon
Wolfe v. Bechtel, et al. – wrongful death, negligent design of coal silo at electrical generating plant
Mayle v. Ahlstrom Pyropower, et. al. – defective design, manufacture and collapse of fly ash bin system resulting in severe burns and other injuries at electric generating plant

Sexual Abuse Cases:
Miller v. Monongalia County Board of Education – sexual abuse by a teacher
Vance v. Monongalia County Board of Education – sexual abuse by a teacher
Greulick v. Pocahontas County Board of Education – sexual abuse by teacher

Criminal:
State v. Frabutt – embezzlement
State v. Peddicord – arson
State v. Simms – murder
State v. Haller – rape
State v. Richter – wanton endangerment with firearm

Appellate Cases in Supreme Court:
Sellaro v. Sellaro – alimony; equitable distribution
Robinson v. Randolph County Commission – wrongful death; jail suicide
Spears v. Spears – appeal, child custody
In Re: Metheney – right to bear arms – concealed carry permit standards
Erika Miller v. Mon County Board of Education – wrongful dismissal of case/ sexual abuse by a teacher

Certified Legal Specialties
Board Certified Civil Trial Advocate, National Board of Trial Advocacy

Bar Admissions

  • West Virginia, 1983
  • Supreme Court of Appeals of West Virginia
  • U.S. District Court Southern District of West Virginia
  • U.S. District Court Northern District of West Virginia
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court

Here’s the Difference Between Uninsured & Underinsured Motorist


The West Virginia Offices of the Insurance Commissioner mandates that drivers in this state carry a minimum of $25,000 worth of uninsured motorist coverage. You can request your insurance company to provide you with additional coverage up to the limits of your liability coverage for an additional fee. However, coverage against bodily injury and property damage caused by underinsured motorists is not mandatory. If you do choose to purchase it, the same minimum limits of $25,000 apply.
It can be confusing for West Virginia drivers to keep track of what is and is not required for insurance purposes. Not knowing the difference between various types of coverage can further add to the confusion. This is especially true when it comes to differentiating between uninsured and underinsured motorist coverage. Many drivers assume these are two parts of the same thing when they are completely different types of insurance.

A Crash Course in Uninsured Motorist Coverage

Although all 50 states require drivers to carry minimum amounts of liability insurance, some drivers choose to disregard this requirement to save money. Other drivers have had their policies cancelled for nonpayment of premiums, driving while under the influence of alcohol or drugs, or having too many at-fault accidents. In the past, drivers who got into an accident with someone who didn’t have insurance had to go through the courts to seek reimbursement for property damage and medical expenses. When those who sustained injuries or property damage still failed to collect, many states began mandating insurers to provide uninsured motorist coverage.
If you have been in an accident with an uninsured motorist who is unable or unwilling to pay your damages, a claim should be filed against your own insurance company. Wilson, Frame & Metheney is here to help if you find yourself in that situation.

What to Expect from Underinsured Motorist Coverage

When you file a claim for underinsured motorist coverage against your auto insurance, your insurance is legally liable for all damages that exceed the other driver’s liability insurance limits. Many drivers do have insurance, but it’s often the bare minimum limits required by law. This situation is becoming increasingly common, especially in states that have insufficient basic liability requirements. The increasingly high cost of healthcare, substantial lost wages and the expense of repairing vehicle damage makes underinsured driver coverage an important option.
In addition to medical costs and the expense of vehicle repair, uninsured motorist policies provide coverage for lost wages, physical pain and mental suffering. It’s important to note here that your insurance company will only make these payments if the driver of your vehicle was not the at-fault party in the accident. Some people compare having uninsured motorist coverage with having a second health insurance policy that pays expenses the original policy didn’t cover.

Understanding the Different Types of Uninsured and Underinsured Motorist Coverage

Insurance companies break these coverage types into bodily injury and property damage. Bodily injury covers medical expenses, lost wages, and pain and suffering for the occupants of your vehicle. Coverage applies to passengers in your vehicle at the time of collision as well. Additionally, it may help to cover expenses you incur due to being the victim of a hit and run accident.
The property damage portion of uninsured and underinsured motorist coverage pays the cost to fix your vehicle and any other possessions damaged in the crash, such as a computer or fence. It may also cover the cost of a rented vehicle.

You Should Get What You Pay For

Only you can decide if taking the maximum allowed in uninsured motorist protection and the optional underinsured motorist protection is a worthwhile investment. When you choose these coverages and pay the increased premium, you are entitled to a reasonable settlement from your own insurance company. Wilson, Frame and Metheney can assist you in filing a claim and obtaining a fast and fair recovery.

How Do I Calculate Lost Wages After an Accident?


When you have been injured in an accident and you’re not at fault, the insurance company for the other driver should pay your lost wages along with your other damages. In the case of a hit and run accident or a collision with an uninsured motorist, lost wages are part of the damages you may recover against your own insurance company. Things can become complicated when you’re not certain when or if you will return to work. To make matters even more stressful, the insurance company responsible for reimbursing your lost wages may be pressuring you to accept a settlement when you have no way of predicting the future.

Lost Wage Calculations in Cases of Minor Injuries

Assume that you work full-time, 5 days a week, and earn $900 per week. You rarely work overtime, so your checks have been the same amount for months. Because of the accident, you had to miss eight days of work. The insurance company is responsible for $1,440, which is a daily rate of $180 multiplied by eight. However, documentation may be required from your doctor confirming that you had to miss work due to injuries you received in the accident. A letter from your employer confirming that you missed work for eight days may also be required.
If you work part-time, receive commission, or are an independent contractor, the lost wages claim should reflect your average earnings. You can expect to submit additional documentation if you’re not traditionally employed. This might include invoices you sent to clients, business bank account statements, prior year tax returns, or other work records.

Wage Loss Determination When You’re Out of Work Indefinitely

When you have sustained serious or permanent injuries, there is uncertainty whether you might be able to work again. Even if you do recover eventually, there is no guarantee that your employer will hold your job open for you. Another common scenario for injured people is that they cannot return to the same job since it’s too physically or mentally demanding with their new limitations. They’re working, but earning less than they did before the accident.
Insurance companies don’t have clear-cut rules to follow in these situations. What often happens is that an insurance adjuster presents an offer hoping the injured person will accept it and go away. Unfortunately, the offer is typically too low to account for his or her new reality. Additionally, it can fail to take the following into account:

  • Promotions you would have received
  • Bonuses you would have qualified for if you weren’t injured
  • Loss of employer contributions to a retirement savings account
  • Cost of living and merit raises
  • Health insurance, life insurance, and other benefits paid by your employer

Assume that you’re out of work for a year recovering from your injuries. Your employer, understandably, had to hire someone else to fill your position. Although you’re now physically capable of doing your old job, it’s no longer available. You’re forced to accept a lower-paying position elsewhere because you have bills to pay and a family to support. The following factors should be considered:

  • The pay differential between your current job and your previous job
  • How long it took you to secure a new position and the money you lost while doing so
  • Whether you must work at the lower-paying job indefinitely

Unfortunately, insurance companies fail to account for these factors most of the time.

Compensation if You’re Never Able to Return to Work

If you sustain severe injuries, you may never be able to return to your job or work at any type of job. While this is a worst-case scenario, it happens. This can make you feel extremely upset and anxious about the future, especially when you didn’t cause the accident. It’s at a time like this that you truly need a personal injury lawyer looking out for your best interests. Your settlement needs to last for the rest of your life.
At Wilson, Frame & Metheney, we present to the insurance company the following:

  • Your current age: Obviously a permanently disabled 21-year-old would require a larger settlement than someone with only a few years until retirement.
  • Your history of earnings and benefits from your employment
  • Your employment history
  • Other health conditions exacerbated by the accident
  • Your educational credentials and job skills

Getting injured in a car accident is stressful, whether your injuries are minor or life changing. Please contact us for a free and confidential legal consultation at your convenience.