A car accident is one of the scariest things to live through. Even if you’re not injured and your car wasn’t a total loss, there are still police reports, insurance claims, doctor visits and lost work time to deal with the aftermath. Maybe you’ve talked to a few friends who’ve “been there, done that.” They’re full of all kinds of advice, some of it is conflicting. It’s confusing to know which way to turn. Even if you aren’t at fault, it might be best to get a lawyer. Here’s why:
You’ve probably read the police report and discovered that car accident was not your fault. Great! But do you still need an lawyer?
The answer is probably, “Yes.”
But If You’re Not At Fault, Why Do You Need A Lawyer?
If you were at fault, hiring a lawyer would be to defend you and try to get any charges reduced or eliminated, and possibly keep you out of jail, depending on the circumstances. But if you’re not at fault, who’s looking out for your best interests? Nobody—and that’s why you may need a lawyer in West Virginia to make sure your rights are protected, and you get any settlement or compensation you’re entitled to receive. Contacting The Love Law Firm to talk about your accident and your rights is a good place to start.
Beware Of Time Limits
From the date of the accident, West Virginia has a two-year window to file an accident-related lawsuit (known as the “statute of limitations.”) As the injured party, you’ll be required to prove that the other party was at fault (“burden of proof.”) Pay attention to this deadline, even if your case may settle out of court. You don’t want to lose your rights if the settlement negotiations fail. If you don’t file by the two-year deadline, your case will probably be dismissed.
The statute of limitations only applies to court filings. Insurance companies may have a shorter window of time for you to file accident claims, like 180 days or one year from the date of the accident. Each company has its own schedule of deadlines. Filing insurance claims immediately gives you time to work on denials, and file additional suits if necessary. Find out and keep track of these deadlines so you don’t miss them. A lawyer can also help if your accident-related claims are denied.
Who’s Fault Was It, Really?
West Virginia recently implemented “comparative fault,” for situations where both side share fault in an accident. This can reduce the amount of your settlement. Known as “modified comparative negligence,” this means that you can recover damages if your injuries amount to more than injuries of the other parties, even if you were found to have contributed to the accident.
But if, at the time of the accident, you were involved in or fleeing from committing a felony, the other party won’t be held liable for any damages, even if he or she was at fault.
In West Virginia, you may be awarded compensation as:
- Car repair expenses
- Related medical expenses
- Lost wages/earnings
- Pain & suffering
- Punitive damages
Auto Insurance Requirements in West Virginia
West Virginia requires that anyone who drives in the state have insurance with these minimums:
- $25,000 for accident-related property damage
- $25,000 for one accident with one injury
- $50,000 for one accident with two or more injuries
Call Love Law Firm Today
If you’re involved in an accident with a big truck in West Virginia, you’ll definitely need a lawyer to represent you. The Love Law Firm can definitely help you. While comparative fault still applies, a lawyer is your best ally to help protect your rights, represent you in court and ensure your compensation is fair and covers your loss.
We hope you’re never involved in a car accident. But if you are, call us today at (304) 344 5683 and talk to one of our West Virginia lawyers who can help you through the aftermath of a car accident.
