If you or a loved one were involved in a car accident caused by another driver, our legal team could help you gather the evidence required to pursue compensation for your injuries.
Some car accident claims can be complex from a legal standpoint. A lawyer can help you navigate the legal process.
Do All Car Accidents Require Legal Representation?
Not all car accidents require legal representation. However, it can be beneficial to discuss your situation with a lawyer in cases where the legal process is more complex, highlighted in the scenarios below:
- You sustained serious injuries (defined here)
- Your injuries affect the way you live your life or work
- The accident involved multiple parties
- The other party refutes blame for the accident
- You are unsure about the full financial impact of your accident
- You would like a car accident lawyer serving West Virginia to manage settlement negotiations and case administration on your behalf.
- You feel an insurance company has not treated you fairly
- You have received (but not agreed to) a low settlement offer
Any act of negligence can cause a car crash. Negligence occurs when a driver fails to exercise due care towards other road users. This may stem from doing something that he or she should not have done or failing to do something a reasonable person would do under the same circumstances.
For a free legal consultation with a car accidents lawyer serving West Virginia, call (972) 535-6377
How Does Negligence Cause Car Accidents?
According to the Insurance Information Institute (III), leading causes of car accidents involving negligence include:
Anything that diverts a motorist’s attention from entirely focusing on driving is considered a “distraction.” Such distractions can consist of:
- Using smartphones or other in-car technologies
- Other passengers
- Events in and outside of the vehicle
- Driving while upset, angry, or preoccupied
Driving while impaired is a serious offense under WV Code §17C-5-2, occurring when a driver’s ability to operate a vehicle is altered after consuming alcohol, drugs, or prescription medication.
Reckless and Aggressive Driving
When a driver disregards the road rules and operates a vehicle without considering the safety of others, the risk of causing an accident increases. Typical examples of this include:
- Failure to yield the right of way
- Failure to obey traffic signs and signals
- Driving in the wrong lane
- Erratic driving
- Making improper turns
Other contributing factors caused by negligence can include driving while fatigued, driving too fast for the weather conditions, and poorly maintained vehicles. If you suspect another person’s negligence caused the accident, it is an excellent first step to find out more about your legal options. A car accident lawyer taking cases in West Virginia from our firm can help you.
West Virginia Car Accident Lawyer Near Me (972) 535-6377
How Does the Legal Process Work for Car Accident Cases?
Depending on the accident circumstances, you can:
- File a claim with your own insurance
- File a third-party insurance claim
- Pursue a lawsuit against the at-fault driver
Our legal team can review your case and help determine your legal options. Having established a suitable course of legal action, we provide the following services to help you build a solid case:
- Investigate the circumstances of the accident
- Gather evidence and other supporting documents to build a case (witness statements, police reports, CCTV footage, medical reports, and employment records)
- Identify liable parties
- Prove negligence caused your injuries
- Estimate the current and ongoing expenses related to the accident
- Manage settlement negotiations and review offers
- Represent you in court where necessary
Being involved in a car accident caused by someone else can be a frightening and frustrating experience. Crash victims often worry about paying for their medical treatment and other financial obligations because their injuries prevent them from working.
How Much Is Your Case Worth, and What Compensation Is Available to You?
Estimating the financial impact of an accident should be considered on a case-by-case basis. No two accidents are identical. So, it would be unfair to place a fixed dollar amount on an injury without fully understanding the many ways an accident can affect a person’s life.
Having examined the facts of your case and discussed the effects of the accident on your life, we can determine the types of compensation available to you.
Economic damages are in place to compensate a car accident victim for monetary losses, which we can calculate based on medical bills, repair fees, and calculations of expected wages.
This type of compensation can be awarded for:
- Current and ongoing medical bills and rehabilitation costs
- Lost wages and any impact on future earning capacity
- Any adjustments required in your home related to your continued care
- Property damage
While economic damages can be easier to calculate, a person’s emotional trauma following a car accident will vary per case. These injuries may take many years to heal and are more challenging to estimate as they are subjective.
- Pain and suffering
- Decreased quality of life
- Physical disfigurement
- Physical impairments
- Loss of consortium
It is important to be mindful of laws that can affect your right to claim compensation. Time limits defined in West Virginia law generally allow two years from the date of the accident for you to begin legal action, per WV Code §55-2-12. The exact time limit also applies to surviving beneficiaries who have lost a loved one and want to file a wrongful death lawsuit.
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If you were injured or lost a loved one in a car accident caused by another party’s negligence, your West Virginia lawyer familiar with car accident cases can help you pursue a favorable settlement. We want to help you and your family move through this difficult time.
For more information about our legal services, call for a free case review with the team at Underwood Law Office.