Charleston WV
Car Accident Lawyer

Have you recently been injured or lost a close family member in a car accident in Charleston, West Virginia? You may be able to file a motor vehicle accident claim, lawsuit against the city, or the at-fault party and seek financial reparations for your medical expenses, lost wages, and other economic and noneconomic losses.

The Charleston, WV car accident lawyers at Warner Law Offices, PLLC can help you fight to maximize your financial recovery.

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Contact our team for a free consultation.
West Virginia personal injury attorney Bobby Warner in a black and white image with hands crossed

Since 2000, Warner Law Offices, PLLC has represented victims of all types of vehicle accidents in Charleston and throughout the 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.

Contact our law offices in Charleston, West Virginia, to discover why you will want us standing beside you after your car accident. We offer a free confidential case evaluation, so reach out to get started today.

Why You Will Find the Best Car Accident Lawyer for You at Warner Law Offices

If you or your family member have recently been in a serious motor vehicle wreck in Charleston, West Virginia, the future can seem incredibly uncertain. How will you afford your medical bills if your injuries prevent you from working for extended periods? When will you be able to get your car repaired or replaced? Who is responsible for your pain and suffering, and how can you hold them accountable?

At Warner Law Offices, our Charleston, WV personal injury 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.

We are a small law firm that regularly achieves big results for our clients. Our award-winning West Virginia trial attorneys provide a level of service that you would expect from a small law firm, but offer the experience and resources to rival the most powerful firms in the nation.

It is one of the reasons we have been named Top 100 Trial Lawyers by National Trial Lawyers, Best Attorneys of America by Rue Ratings, and one of Newsweek’s Premier Law Firms.

charleston wv car accident attorneys in black and white with awards shown on bottom
When you choose our top-rated car accident lawyers to represent you, you will give yourself peace of mind and the ability to focus on getting better while we:

  • Handle every aspect of your personal injury claim from start to finish
  • Provide detailed and comprehensive answers to your most pressing case-related questions
  • Offer guidance and support throughout the injury claims process
  • Thoroughly investigate the details of your Charleston car crash
  • Gather evidence that can be used to support an aggressive claim for damages
  • Work closely with accident reconstructionist specialists, forensic experts, medical professionals, and other experts
  • Defend against victim-blaming tactics specifically designed to hurt your chances of making a full financial recovery
  • Represent you during settlement negotiations with the insurance company and other parties
  • Prepare to reject unreasonably low offers and litigate your car accident lawsuit at trial, if necessary
"Warner Law Offices went above and beyond for me after my car accident. They settled my case quickly and kept in touch with me through the entire process. They got me way more money than I would have if I had tried to do it on my own. But the best part is that they took care of everything and I didn’t have to deal with the insurance company once. I got to focus on my therapy and getting myself back to 100%. I cannot say enough good things about this firm and the people that work there. If you want the best, call Warner!"

At Warner Law Offices, PLLC, we know that the days, weeks, and months that follow a car accident can be incredibly stressful. You are dealing with painful injuries, coping with the trauma of the wreck, and trying to make ends meet.

We want to offer our help and make things easier for you, which is why we work on contingency. You pay nothing unless our West Virginia car accident lawyers win your case.

We assume the risks. You enjoy the benefits of a successful claim or lawsuit. Call our legal team in Charleston today to learn more about how we can help you make the most of your car accident case.

We Handle All Types of Car Accident Cases in Charleston, West Virginia

Car accidents are all unique, so it is important to work with a law firm that has extensive experience representing clients who have been involved in different types of crashes.

For more than 20 years, Warner Law Offices, PLLC has been offering skilled, effective legal representation to clients injured in:

Reach out to a knowledgeable member of our legal team after you have been involved in an auto accident in Charleston, West Virginia. We are here to answer your questions and provide the guidance you need—24 hours a day, 7 days a week.

How much is my car accident case worth?

Contrary to what you might have heard, there is no standard value for a car accident injury claim. Everybody’s case will be different because the circumstances of each crash are unique and every victim will have a different experience. 

Many factors, however, will be important when assessing how much money you can recover in a car accident lawsuit:

  • What types of car accident injuries have you suffered?
  • What is your age?
  • Has your earning capacity changed since your car accident?
  • What kind of long-term treatment might you need to recover from your injuries?
  • How has the accident affected your psychological or emotional well-being?
  • Did you contribute to the wreck in any way?
  • What steps did you take to mitigate your injuries?

The car accident attorney you choose to represent you can also have a huge impact on the success and outcome of your case. You deserve to work with a passionate lawyer who has experience handling all types of car accident cases and a demonstrated ability to win.

With Warner Law Offices, PLLC, you get the best of both worlds—the atmosphere and service of a small firm and the proven results of the big guys. We have won tens of millions of dollars on behalf of crash victims, and we are ready to fight to get you the results you deserve.

Damages Available to Charleston, West Virginia, Car Accident Victims

The value of your car accident claim will also depend on the types of damages you have suffered. In West Virginia, compensatory damages fall into two categories. 

Economic damages are awarded to make you financially whole again after a crash. Examples include money for:

  • Medical bills
  • Therapy
  • Lost wages
  • Vocational rehabilitation
  • Long-term treatment
  • Nursing assistance
  • Property damage
  • Funeral bills if a car accident results in wrongful death

Noneconomic damages are paid solely to make up for the unexpected life changes and trauma that you experience because you were in a collision. Examples include:

  • Pain and suffering
  • Disfigurement
  • Scarring
  • Post-traumatic stress disorder
  • Emotional distress
  • Reduced quality of life
  • Embarrassment
  • Loss of consortium

In rare cases, punitive damages might also be available in a car accident lawsuit. However, a jury must be able to find clear and convincing evidence that the defendant acted with malice or displayed a conscious, reckless, and outrageous indifference to the victim’s safety.

Our auto accident lawyers in Charleston, West Virginia, will coordinate our legal efforts with experts and specialists, working hard to uncover the true costs and consequences of your crash.

Understanding West Virginia’s Car Accident Laws

Each state has its own laws that govern insurance as well as how and when crash victims can recover compensation after a car accident. West Virginia is no exception. Here is a breakdown of how West Virginia’s car accident laws and insurance laws concerning shared fault can affect your car accident injury case.

Infographic of west virginia car accident laws - car accident lawyer in Charleston, WV

West Virginia Is an At-Fault State

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 responsible for the accident and the subsequent damage or injuries that occurred. 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

You will need to file a claim with the at-fault driver’s insurance company 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, ride-shares 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 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 is 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 percent 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.

How will West Virginia’s modified comparative fault rule affect my car accident case?

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 51 percent 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 percent to blame for the crash that caused your injuries, your total recovery will be reduced by 25 percent. In turn, you will only be able to receive up to 75 percent of the amount you would have otherwise received.

At Warner Law Offices, PLLC, our top-rated car accident attorneys in Charleston, West Virginia, will anticipate the insurance company’s efforts to blame you for the wreck. After all, these allegations are often thinly veiled attempts to scare you into accepting a lowball settlement or giving up on your claim altogether. 

We will fight back and demand hard evidence to support allegations of shared responsibility and work to discredit any proof they present. If you are partly responsible for your car accident, we will dig deep to find evidence that limits your liability so that your right to partial compensation is preserved. 

Common 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, partly because of the adrenaline running through your body. However, as the pain sets in, you may realize you are in quite a bit of pain and suffering from one or more serious injuries. Some of 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, pain, tingling, numbness, and possible mental effects like emotional or memory problems if you have suffered from a traumatic brain injury. So don’t delay; it is important to seek medical help right after an accident even if you feel perfectly fine in the moment.

When should you get a lawyer for a car accident?

It is best to contact an attorney immediately after a car accident. The sooner you contact an attorney, the sooner they can start investigating your case. A prompt and thorough investigation can be the difference between a nominal settlement and a life-changing financial recovery. This investigation might include:
  • Finding and interviewing any witnesses to the crash
  • Looking for and photographing tire tracks
  • Attempting to secure video footage of the accident
  • Obtaining driver cell phone records
  • Analyzing vehicle maintenance records
The sooner you contact an auto accident attorney in Charleston, the better the chances of having a fruitful investigation. Plus, under West Virginia state law, you have a limited time to seek compensation for your car accident injuries.

What is West Virginia Statute of Limitations for Car Accidents?

The statute of limitations is a law that limits how long an injury victim has to seek compensation after a car accident. In West Virginia, a two-year statute of limitations applies to most car accident lawsuits.

Some exceptions to this law can either shorten or lengthen the time you have to file a claim for damages. However, once the statute of limitations runs out, you lose the opportunity to recover compensation for your injuries and suffering.

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, West Virginia, today.

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. At Warner Law Offices, PLLC, our Charleston auto accident lawyers help clients throughout West Virginia understand what to do after a car accident, truck accident, or motorcycle accident. After any type of car accident in Charleston, it is best to:

  • 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 Department of Motor Vehicles 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. 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 car 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 prepare 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 only charge attorney fees if we recover compensation for you.

Get a Free Consultation With a Charleston, WV, Car Accident Attorney at Warner Law Offices

We handle all types of complex and unique motor vehicle accident cases in West Virginia, including those involving underinsured or uninsured drivers, hit-and-run accidents, bus accidents, drunk drivers, and accidents that result in severe or disabling injuries. 

Our experienced car accident lawyers also know how to find additional defendants in many situations so the limits of the other driver’s insurance coverage will not necessarily represent the high end of what you can recover.

If you or your loved one was involved in a serious accident, and speak to our attorneys about your rights. We offer a free consultation, so call our team today.

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West Virginia Office
227 Capitol Street
Charleston, WV 25301
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Attorney Bobby Warner
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Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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