If you suffered injuries in an accident while riding your motorcycle, you may be entitled to compensation if the other party is responsible for the accident. Chances are, if you have suffered an accident like this, you may be facing some debilitating injuries, potentially resulting in financial difficulties, like lost wages, medical expenses, missed bill payments, and more.
These economic losses do not even account for the mental anguish you have been forced to endure, including the pain of giving up your old passions and the strains on your life. No matter what your unique case entails, the negligent driver had no right to force you into this difficult situation. Luckily, West Virginia allows for recoverable damages in these accidents that may give you an opportunity for a fresh start.
Here at Underwood Law Office, we support West Virginia’s bikers. We understand the allure of the open road, and we want to fight to protect your right to our roadways.
The way we see it, there is no room for reckless driving practices when motorcycles are around. The slightest misstep can change a rider’s life forever. Sadly, for many riders, they are never able to see another day after crossing paths with a reckless driver.
In 2015 alone, 32 of these riders lost their lives on West Virginia roadways, according to the West Virginia Governor’s Highway Safety Program (GHSP).
With so much at stake, we want you to feel at home if you decide to retain a Huntington motorcycle accident lawyer at our firm. We do not take your situation lightly, and we will fight to have the court recognize your need for compensation.
To learn more about what a motorcycle accident lawyer may be able to do for your case, contact Underwood Law Office today at (304) 522-0508 for your free consultation with a representative.
West Virginia is one of around a dozen states that practice comparative fault in personal injury claims. Comparative fault means that the amount of fault you displayed in causing the accident has a direct impact on your potential settlement. However, even if you are partially to blame for the accident, you can still recover damages, they will simply be adjusted by the percentage of fault you displayed.
According to West Virginia Code 55-7-13A, if there is more than one accused party in the case, the comparative fault will be divided amongst the other drivers when determining a potential settlement. Further, the total percentage of fault between the parties involved in the case must either equal 100% or 0% for a ruling to be determined.
If you are determined to be 50% at-fault for the accident, you are unlikely to be awarded a settlement, as you are essentially the liable party at that point.
West Virginia grants compensation for compensatory damages, general damages, and punitive damages. These forms of compensation help victims remedy their injuries and losses at the hands of the negligent party.
Examples of these damages may include:
Even if you qualify for all these damages, there is a limit on how much compensation you can receive. In accordance with West Virginia Code 55-7B-8, there is a $500,000 cap on non-economic damages in cases of catastrophic injuries, such as amputations or permanent brain injuries, and wrongful death cases.
For other injuries that are not as traumatic, there is a $250,000 limit on non-economic damages. Even so, some cases will still allow for additional damages related to medical costs and lost wages, but these laws may ultimately lower the amount of compensation received.
Here at Underwood Law Office, our Huntington motorcycle accident lawyer and team is ready to explain all the legal hurdles you may face if you choose to take legal action in your case. Even if it seems overwhelming, we will be happy to help you so may focus on the more important things during your ongoing recovery.
For your free case review and consultation, contact an Underwood Law Office representative today at (304) 522-0508.
If you decide to hire a Huntington motorcycle accident lawyer, our attorneys at Underwood Law Office will do whatever we can to set your mind at ease. We will even handle the investigation into your case, ultimately working to prove liability to the court, so they can make a fair ruling as the case proceeds.
Just do not forget, West Virginia Code 55-2-12 dictates a two-year statute of limitations on personal injury claims from the date the injury first occurred. If you wait too long to act, the courts may throw your claim out.
To get started today, contact an Underwood Law Office team member at (304) 522-0508 to receive your free consultation.