Car accidents happen every day in West Virginia and throughout the US. These incidents occur for many reasons, and every state has different laws intended to resolve accidents caused by the negligence of drivers. If you or a loved one recently suffered injuries and economic losses in a car accident that someone else caused, it’s essential to know your legal rights and your options for recovering your damages.
West Virginia upholds a fault-based system for resolving accidents, meaning a driver responsible for causing an accident is liable for the resulting damages. While filing an auto insurance claim against an at-fault driver’s policy is generally the first step toward recovery after an accident, this may not be enough to fully cover your losses from a serious accident. Additionally, many people experience difficulties in dealing with auto insurance carriers. Working with an experienced Morgantown car accident attorney is the best way to handle a difficult insurance claim and/or personal injury case related to a recent accident.
Fault for your recent accident may seem perfectly clear, and you may assume that you can handle the process of holding the at-fault driver accountable on your own. However, working with an experienced Morgantown car accident attorney significantly improves your chances of maximizing your total recovery. You can rely on your legal team to not only guide you through the insurance claim process, but also to help you with a civil claim against the at-fault driver when their insurance cannot fully cover your damages.
The Wilson, Frame & Metheney, PLLC Law Firm has more than 75 years of combined experience representing clients in the Morgantown, WV area in a wide range of civil claims, including those pertaining to car accidents. We understand the stress and anxiety that often follows a vehicle accident, and the pain and uncertainty victims face as they confront the damages from such an event. If you are unsure how to secure the compensation you need to recover from an accident that someone else caused, we can help.
Car accidents happen in various ways. The determining factor as to whether you have grounds for civil action after an accident is if it occurred due to the actions of another driver. Some of the most commonly reported causes of accidents that generate personal injury cases in West Virginia include:
If you believe your recent accident happened because another driver was negligent or intentionally harmful in any way behind the wheel, a Morgantown car accident lawyer can help you hold them accountable for your losses.
West Virginia requires all drivers to carry auto insurance. Every auto insurance policy must provide at least $25,000 in bodily injury liability coverage for a single person, at least $50,000 in total accident bodily injury liability coverage, and at least $25,000 in property damage liability coverage. While these coverage requirements may sound like they should easily cover the damages from most car accidents, this isn’t necessarily true. Additionally, insurance companies tend to fight claim payouts whenever possible, minimizing their financial liability for a claimant’s damages in any way they can.
Working with an experienced Morgantown car accident attorney means you will have reliable legal counsel ready to assist you with your auto insurance claim. Your lawyer can draft your demand letter to the insurance company and handle correspondence with claim adjusters on your behalf. The insurer will be far less likely to engage in any bad faith dealings when they see that a claimant has legal representation. When insurance isn’t enough to fully cover a claimant’s damages, their attorney can help them file a personal injury action against the at-fault driver to seek compensation for their remaining losses that insurance can’t cover.
The plaintiff in a car accident claim in West Virginia has the right to seek compensation for any and all damages caused by the defendant. The economic damages available in most car accident cases in Morgantown, WV include medical expenses, lost income, and property damage. Auto insurance may compensate a portion of these losses, and any remainder can be sought in the victim’s personal injury case. It’s important to note that a plaintiff can seek compensation for both immediate and long-term damages resulting from a defendant’s negligence. This includes long-term medical treatment costs for severe injuries and lost future earning capacity when the victim cannot work, due to a permanent disability the defendant caused.
Plaintiffs in car accident cases in West Virginia must understand the state’s comparative negligence law. In the event a plaintiff is partially responsible for causing their claimed damages, they lose a percentage of the case award to reflect their shared fault. If the plaintiff is found to be 50% or more at fault, they lose the ability to seek compensation from the defendant.
West Virginia provides a two-year statute of limitations for car accident claims. This may seem like more than enough time to file your claim, but it is always best to secure legal counsel as soon as possible so you can quickly begin working on your case. The more time your attorney has to gather evidence and documentation on your behalf, the greater your chances of success will be.
The Wilson, Frame & Metheney, PLLC Law Firm has extensive experience representing West Virginia clients in challenging car accident cases. We can help you prove who is to blame for your recent accident, guide you through the insurance claim process, and provide meticulous legal representation when you must file a civil claim against the at-fault driver. If you are ready to discuss your recent accident with a Morgantown car accident lawyer, contact the Wilson, Frame & Metheney, PLLC Law Firm today and schedule a consultation with our team.
Preston Counties in West Virginia West Virginia Fayette
and Greene Counties in Pennsylvania Pennsylvania
and Garrett County, Maryland