Your life can change in a split second if you are involved in a serious car accident. These life-altering accidents can greatly impact the quality of your life; medical bills begin to accumulate, your miss time from work, resulting in an income reduction, and your body is torn and ravaged, often to the point that ongoing, lifelong disabilities result. On your road to recovery, your best line of defense is working with our Morgantown car accident attorney to lodge a claim against the person or entity responsible for your injuries.
While all crashes and the claims that result from them are unique, most have elements that are the same. Most claims are for:
For car accidents that result in the death of the victim, survivors can pursue a wrongful death claim against the at-fault party. This claim seeks monetary damages to replace the financial void left by the early death of the accident victim.
Some of the most-often seen claims involve intersection accidents, rear-end accidents, and accidents caused by drunk or impaired drivers. Accidents resulting from drivers texting or talking on the phone while driving are also common.
In West Virginia, settlements for car accident victims are governed by the concept of comparative negligence. This means that if you were partially responsible for the accident that resulted in your injuries, then any award you receive as a result will be reduced by the percentage of your responsibility. For example, if the court finds in your favor in an accident but rules that you are 30 percent to blame, then your damages will be reduced by 30 percent. So, for a $100,000 award, you would receive $70,000.
Courts in West Virginia follow the statute of limitations when determining who can file a car accident claim. This timeframe is two years from the date of the injury. If you fail to file your car accident claim within that strict window of time, then your case is classified as time-barred, so you will not be able to recoup any damages via the West Virginia courts. Because of this strict statute of limitations, it is important that you file a claim well within the two-year period in order to preserve your right to file at all.
As soon as possible following your car accident, reach out to our legal team to find out what options are available to you under the law to recoup your many expenses. Our West Virginia car accident attorney can be invaluable in reviewing your case and determining its merits so that you can proceed forward. Schedule your free, no-obligation case review now to get started on the road to being made whole again following your serious car accident.