Auto Accidents

Car Accident Lawyer in Charleston, WV

Representing Victims of Motor Vehicle Accidents in West Virginia

If you or your family member was recently involved in a serious motor vehicle wreck, the future can seem incredibly uncertain. How will you afford your medical bills, especially if your injuries prevent you from working for weeks, months, or even years? When will you be able to get your car repaired or replaced? Who is responsible for your pain and suffering, and what can you do to hold them accountable?

At Warner Law Offices, PLLC, our Charleston auto accident lawyers understand the many challenges car accident victims face. Our goal is to help you get back on your feet and recover the maximum compensation you are owed. In West Virginia, you can file a motor vehicle accident claim or lawsuit against the at-fault party and seek financial reparations for your medical expenses, lost wages, and other economic and non-economic losses.

To schedule a complimentary consultation with one of our car accident attorneys in Charleston, call (304) 449-3505 or contact us online today.

Motor Vehicle Accident Cases We Handle

Since 2000, Warner Law Offices, PLLC has been representing victims of all types of vehicle accidents in Charleston and throughout the entire state of West Virginia. We provide prompt, professional service and work to ensure that every aspect of your claim is thoroughly investigated, documented, and presented for payment against the at-fault driver’s insurance company or another liable party.

We Routinely Assist Clients Who Have Been Injured or Who Have Lost Loved Ones Due to the Following:

Our Charleston car accident lawyers in have helped victims of all types of accidents, occurring in all types of locations and leading to a wide range of injuries—and we have what it takes to fight for you, too.

When Should You Get a Lawyer for a Car Accident?

It’s best to contact an attorney as soon as possible after a car accident. Not only is there a statute of limitations imposed on car accident claims in West Virginia but the sooner you contact an attorney the sooner they can start investigating your case. One of the things personal injury attorneys do is investigate accident scenes.

When It Comes to Car Accidents, This Investigation Can Include:

  • Finding and interviewing any witnesses
  • Looking for tire marks
  • Attempting to secure video footage of the accident
  • And more

The sooner you contact an auto accident attorney in Charleston the better the chances of having a fruitful investigation. Additionally, according to West Virginia Code section 55-2-12 you have only two years to file a claim before the statute of limitations runs out.

West Virginia Statute of Limitations for Car Accidents

The statute of limitations is a law that limits how long an injury victim has to file a car accident claim before they are unable to file or pursue compensation, no matter how severe their injuries are. There are some exceptions to this law that can both shorten and elongate the statute of limitations. Do you have questions about your case, or want to learn more about the statute of limitations? Don’t wait to get help, contact our experienced team of car crash attorneys in Charleston, WV today.

Types of Car Accident Injuries

Some injuries only appear after a day or two. When you first step off the scene of an accident, you may feel fine, in part because of the adrenaline running through your body. Slowly as the pain sets in, you may realize you are in quite a bit of pain.

The Most Common Serious Injuries Resulting From a Car Accident Include:

You may experience a range of symptoms resulting from these or other injuries, such as headaches/migraines, other pain, tingling, numbness, and possible mental effects like emotional or memory problems if you have suffered from a traumatic brain injury (TBI). So don't delay; it's important to seek medical help right after an accident even if you feel perfectly fine in the moment.

What Is an at Fault Accident?

When it comes to motor vehicle accidents, most states follow either a no-fault or fault-based system for recovery. West Virginia follows a fault-based system, also known as an at-fault or tort system.

If an individual is found "at-fault", they are deemed as being responsible for the accident and subsequent damage or injuries that occured. This means that their insurance will cover the cost of repairs, injuries, and other damages experienced by those affected by the accident.

How West Virginia’s At-Fault System Can Affect Your Claim

While drivers are required to carry minimum liability insurance, they are not required to have personal injury protection (PIP) coverage. While Medical Payments (MedPay) coverage is available to West Virginia drivers, it is also not mandatory. So, what does this mean for your claim? It means that, if you have not elected to purchase MedPay and do not have other applicable forms of insurance coverage other than the minimum liability requirements, you will need to file a claim with the at-fault driver’s insurance company after a crash to receive compensation for your medical bills, vehicle repair costs, lost wages, and other damages.

This means you have to prove that the other person or party was to blame for the crash that caused your injuries and losses. This is true of nearly all car accidents, including those involving distracted or drunk drivers, rideshares like Uber and Lyft, commercial vehicles, and collisions with bicyclists and pedestrians. While the at-fault party may differ from the liable party in some cases, you will still need to prove that someone else is responsible.

What if Both Drivers Are Considered "At-Fault"?

In some cases, automobile accidents are the sole fault of a single driver. However, more often than not, multiple contributing factors play a role. The state of West Virginia recognizes that two or more drivers may share some of the fault for an accident, and that this should not bar an injured party from recovering compensation. That's where comparative negligence comes in.

What Is Comparative Negligence?

Comparative negligence is a rule that allows an individual to file a personal injury claim even if they share some of the blame for the accident or event that caused the injury. Under the pure comparative negligence rule, it does not matter how much of the blame you are assigned as long as it is shared; you can file a claim for damages even if you are 99% at fault.

In states that follow a modified comparative negligence rule, however, which includes West Virginia, you can only file a claim if you are found to be less than a certain percentage to blame.

What Is Modified Comparative Negligence?

Under West Virginia’s modified comparative negligence rule, you can file a motor vehicle accident claim if you can prove that you were less than 50% at fault for the crash. If you are found to be partly at fault, regardless of the degree of fault, your total recovery will be reduced in direct proportion to your at-fault percentage.

So, for example, if the court finds you 25% to blame for the crash that caused your injuries, your total recovery will be reduced by 25% and you will only be able to receive up to 75% of the total amount you would have otherwise received.

What to Do After a Car Accident

After a serious motor vehicle accident, you may feel disoriented, frightened, and overwhelmed. One of the best ways to regain control of your situation is to know the steps to take after an accident. At Warner Law Offices, PLLC, our Charleston auto accident lawyers help clients throughout West Virginia understand what to do after a car, truck, or motorcycle accident.

After Any Type of Motor Vehicle or Auto Accident, Try to Do the Following:

  • Get Medical Treatment: The most important immediate step is to seek medical treatment. You may need to call 911 and have an ambulance transport you to the hospital. Some injuries do not appear right away, so you should seek treatment even if you do not feel pain.
  • Call the Police: Call the police to have them document the scene and file an official report; in West Virginia, you are required by law to report any accident that results in bodily injury, death, or property damage of more than $1,000.
  • Document the Scene: Get the name and contact information of the other party or parties involved in the crash. Write down their names, license plate numbers, phone numbers, and insurance information. Take the names and contact information of any witnesses at the scene.
  • Notify the DMV and Your Insurance Company: You are required to report accidents resulting in injury, death, or property damage of more than $500 to the Department of Motor Vehicles (DMV). You should also notify your insurance company about the crash right away.
  • Do NOT Make Any Recorded Statements: The other driver’s insurance company may contact you for a statement, but do not speak to them. Insurance companies do not always offer fair settlements to accident survivors.
  • Contact a Lawyer: The best way to protect your rights after a serious accident is to reach out to an experienced auto accident attorney in Charleston, West Virginia, who can help you file your claim and seek fair compensation for your losses. Your attorney can also help you prepared for trial if necessary.

Our Charleston car crash lawyers are happy to answer any questions you may have after a serious motor vehicle collision. We provide free initial consultations and do not charge any attorney fees unless we recover compensation for you.

We Prepare Every Case for Trial

Because our lawyers take a variety of personal injury cases to trial, we work hard to preserve evidence, identify and interview witnesses, and get expert support to describe and explain your injury claims. Typically, our Charleston car accident lawyers do settle the majority of auto cases for a fair value. However, we never assume that a satisfactory settlement can be reached with an insurance company shortly after the accident.

Our thorough preparation protects your interests at trial if we cannot resolve your claim on favorable terms. At Warner Law Offices, PLLC, our auto accident clients in Charleston, West Virginia are never forced to split the difference with an insurance company because we missed an opportunity to document your claims correctly for presentation at trial.

Underinsured? Uninsured? Our Charleston Car Accident Attorneys Can Help You.

We handle all types of complex and unique motor vehicle accident cases in the West Virginia area, including those involving underinsured or uninsured drivers, hit-and-run accidents, drunk drivers, and accidents that result in severe or disabling injuries. Our Charleston car crash lawyers also know how to find additional defendants in many situations so that the limits of the other driver’s insurance coverage will not necessarily represent the high end of what you can expect to recover.

So, if you or your loved one was involved in a serious accident, do not hesitate to contact our firm and speak to our attorneys about your rights. In West Virginia, you typically only have two years from the date of the crash to file your motor vehicle accident lawsuit—the sooner we can get started on building your case, the better.

Give us a call at (304) 449-3505 or submit a free online case evaluation form today to get started. Contact us today to learn more about our car accident lawyer in Charleston, WV.

    I am very pleased with the work that Warner Law Offices did for me. I would recommend them to all my friends.

    - Trienna E.

    They did a great job on my cases. I will happily tell others about them. The entire staff was so nice and kind. Thank you all.

    - Carol Campbell

    Great to work with and handled everything. Made the entire situation less stressful!

    - Danielle Martin

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