When injured in a car accident, and especially if the car accident was caused by the negligence and/or wrongdoing of another individual, you may want to seek compensation for the financial damages you incurred after the accident. Including medical bills and rehabilitation, lost income, and, in cases of serious injury, diminished future earning capacity, the costs of an injury can be astronomical. As such, after taking care of yourself, one of the first things you should do is consult with an experienced personal injury lawyer in Charleston WV.
By calling the Love Law Firm in Charleston WV, we will immediately get to work on your case. Through extensive investigation and evidence discovery, attorney Charles Love will aggressively, yet compassionately, litigate your right to compensation for the damages caused by the liable party(s). To get started on your case, call our law firm today at (304) 344-5683 for a free consultation.
Exceptions to Car Accident Laws in West Virginia
Before going through these common FAQs, it’s essential to remember that there are exceptions to pretty much every car accident law in West Virginia. This means that, if you were injured in a car accident in Charleston due to someone else’s negligence, you need to speak with an experienced car accident attorney to understand the nuances of your case and whether or not you have a claim that’ll hold up in West Virginia civil courts.
1. I was just in a car accident. What should I do?
If you were just in an accident, the first thing you need to do is call emergency services, including both the police and the EMS, if you feel it’s necessary. Don’t wait to get help for your injuries; immediately seek medical care. This is especially true if you experienced whiplash or anything that could potentially be a head injury.
In fact, according to West Virginia law, if you are involved in any type of vehicle accident (car accident, truck accident, semi accident, etc) that involved personal injury or property damage exceeding $500, you are required to contact the police. By getting the police involved, you are also protecting your rights and ensuring that the facts of the accident get documented.
Additionally, and only if it is possible and safe to do so, try and exchange drivers’ licenses, registrations, and insurance information with the other driver(s). To fortify your case, it can help to get statements and contact information from witnesses.
2. Do I have a personal injury case?
In West Virginia, a personal injury claim is based on many different factors, and because every car accident and personal injury claim is unique, we cannot set out specific guidelines that say whether or not you have a case. To better understand the viability of your case, your best option is to speak directly with attorney Charles Love over a free consultation.
3. What is negligence in a car accident case?
As a legal term, negligence refers to when someone fails to exercise care and doesn’t act reasonably under the circumstances. Generally, a person acting in this manner needlessly endangers other individuals. If someone gets injured, then the person acting negligent may be liable for the injured party’s injuries. In a car accident, negligence can range from distracted driving to speeding to DUI.
It is important to note, however, that negligence or wrongdoing is not always necessary in a car accident claim. For example, if the brakes failed while you were driving, the liable party for the accident and your injuries may be the brake manufacturers.
4. What are the other types of personal injury claims in car accident cases?
Negligence and wrongdoing aren’t the only personal injury claims available. Instead, you can also file a car accident claim based on strict liability. This area of tort law has been growing and it is considered important by the American Bar Association. Under West Virginia laws, strict liability means that other individuals can be liable for your injuries, such as designers, sellers, distributors, and manufacturers. Remember, these individuals are liable only if their defective products caused your injuries.
5. How much is my car accident claim worth?
When filing a personal injury claim over the injuries you incurred in a car accident, the courts, insurance adjusters, attorneys, and other individuals take many factors into consideration. Often, the other party’s insurance company may try to settle quickly, and although it may seem advantageous to close the case and get your money, this isn’t recommended. In fact, the other party’s settlement offer will most likely be lower than what you deserve.
Make sure that all medical costs and other financial damages are covered by your personal injury claim, both for now and the future. Your car accident claim should cover the following, but not limited to:
- Medical bills
- Lost wages and benefits
- Pain and suffering
- Loss of enjoyment of life
- Lost earning capacity
- Loss of consortium
- Property Damage
Contact the Love Law Firm in Charleston WV Today!
If you have any questions regarding your specific case, or you would like to know more information about personal injury and car accident claims, call one of the leading car accident attorneys in Charleston WV by contacting the Love Law Firm at (304) 344-5683. Free consultations are available.