Driving in West Virginia can be hazardous. According to the National Highway Traffic Safety Administration, 268 individuals lost their lives in car accidents in our state in 2022. Many more have been injured, leaving those victims and their families with massive medical bills, a reduction in income, and both physical and mental scars from the incident.
In these cases, you have the right to take legal action against those responsible for your accident. DiPiero Simmons McGinley & Bastress, PLLC is ready to help if you have been affected by these accidents. A free initial consultation with a Charleston, WV, car accident lawyer in our office allows us to review your legal options with you.
How Were You Injured in an Auto Collision?
Unfortunately, car accidents can leave drivers and their passengers with serious injuries. While some people may only suffer minor impairments, others may experience life-threatening ones. Some of these injuries may include:
- Whiplash occurs when the neck is suddenly jolted forward and then backward, resulting in neck pain, stiffness, headaches, dizziness, and shoulder pain.
- Traumatic brain injuries (TBIs) happen when there is a blow or jolt to the head, leading to long-term cognitive, physical, and emotional impairments.
- Fractures and broken bones occur when the body is subjected to extreme force. The arms, legs, ribs, and pelvis are the most affected in these accidents.
- Soft tissue injuries involve damage to muscles, tendons, and ligaments. They can lead to painful sprains, strains, and contusions.
- Spinal cord injuries leave victims with damage that can result in partial or complete loss of sensation and motor function below the injury site (paralysis).
- Internal injuries affect the organs or tissues when there is a serious impact on the body. This can result in organ rupture and internal bleeding.
- Psychological scars from the trauma of the car accident can affect a person’s mental health.
No matter the type of injury, you have a right to pursue legal action against the driver who struck you, causing you harm, provided you can prove that they acted negligently or recklessly.
All drivers need to exercise their duty of care while on the road. Under this principle, drivers must make sure that their actions or behavior do not cause harm to others. In accident cases, the responsible driver made the choice to speed, get behind the wheel of their vehicle while drunk, or to engage in distracted driving, leading to a serious car crash that affected the lives of others.
What Are the Next Steps if a Car Accident in Charleston, WV Injured You?
Hopefully, after the accident, you sought out the assistance of a medical professional. These health care providers will treat your injuries as you recover from the incident. No matter if the injury is minor, you always want to seek medical help. Even a slight bruise or a minor cut could lead to worse problems if you don’t seek out medical assistance. You will want to keep records of your medical treatment and note any adverse symptoms you may have experienced from the accident.
What you do after the crash can affect the outcome of your case. If you are still on the scene, you will want to take photos, write notes, or collect information for any witnesses to the crash. All this information can help when it comes time to take legal action.
You must also contact local law enforcement to file a police report. You need this report to make an insurance claim and also to take legal action. When reporting the accident, you will want to provide details such as the crash location, time, and parties involved to the police.
At this stage, you may want to seek legal advice before contacting your insurance company. A Charleston, WV car accident lawyer can advise you on your rights and the best course of action. Additionally, your attorney can help file a claim to initiate the legal process to claim compensation for your losses.
If you have contacted an attorney, they will work with the other driver’s insurance companies. They can assist with submitting documentation, including medical records and the police report, to the adjuster. However, if you still have not retained legal counsel, you can complete this step on your own. Just make sure you never admit fault and stick to the facts of the case.
Once completed, you will often receive a settlement offer from the insurance company. Make sure to review that offer closely before accepting it. These settlements should cover all your medical expenses, lost wages, and future care. If you believe that it is unfair, your lawyer can make a counteroffer and negotiate a final settlement amount on your behalf.
Sometimes, a fair settlement cannot be reached. In these cases, you may need to file a lawsuit to seek compensation for your injuries and losses. Your lawyer will calculate the amount of your damages, analyze your evidence, and help build a strong case to help you justify why you deserve a certain amount of compensation.
These cases are complicated. You may need the experience of a skilled car accident lawyer in Charleston to assist you in navigating the legal process. If you believe that you may be entitled to compensation for your crash, make sure to contact the team at DiPiero Simmons McGinley & Bastress, PLLC.
Compensation Available in Car Wreck Cases in West Virginia
The compensation that you’re entitled to may vary depending on the type of accident and the severity of your injuries. In the end, the following may dictate how much you’re able to recover in your case:
- Medical expenses include coverage for all costs related to medical treatment, hospital stays, surgeries, medications, and rehabilitation.
- Lost wages reimbursement for the income you lost, covering any potential future earnings that you might miss out on due to your injury.
- Pain and suffering compensation covers the physical and emotional distress caused by the injury.
If the driver acted in an egregious manner, then your case could qualify for punitive damages. These awards are meant to punish the other drivers for their behavior. However, this type of compensation is rare, so you will want to consult your car accident lawyer for more information about whether you qualify for it.
When it comes to personal injury claims in West Virginia, you have two years from the date of the incident that resulted in your injuries. If you miss this statute of limitations deadline, you could lose out on your chance to recover compensation. To protect your interests in these cases, always reach out to a lawyer for a free consultation.
Chose DiPiero Simmons McGinley & Bastress, PLLC as Your Legal Team
When you need a legal team to assist with your claim, choose the firm with a combined 150 years of personal injury experience. By hiring a Charleston car accident attorney, we can help protect your rights and help you secure the compensation you deserve.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand that these cases can be stressful and take a toll on your physical, emotional, and financial health. Allow our team to handle your claim while you focus on your recovery.
Contact us today to schedule a free consultation with a Charleston, WV car accident lawyer at no cost or obligation to you.
