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Charleston Car Accident Lawyer
Motor vehicle accident injuries are among the most common of all personal injuries. With millions of people commuting to work daily, injuries are all but inevitable. While some of these may be unavoidable, too many are caused by negligence (not paying attention because a driver was talking on their cell phone) or recklessness (such as a drunk driver).
According to the National Highway Traffic Safety Administration, “A statistical projection of traffic fatalities for the first half of 2013 shows that an estimated 15,470 people died in motor vehicle traffic crashes.”* When people are injured because of another’s careless conduct, they need to be compensated so they can heal as best as possible.
Johnstone & Gabhart is dedicated to helping our clients get maximum compensation for their injuries. We will take on the big insurance companies for you, protecting your rights and working to get you the best possible outcome. To learn more or to schedule a free initial consultation with a West Virginia personal injury attorney, reach out to our law firm today.
Common WV Accident Questions
How do I deal with insurance companies?
What should I expect after an accident?
What should be done immediately after an accident?
What kind of compensation can I receive?
How do I pay for medical bills after an accident?
How do I file a vehicle damage claim?
What if the Insurance company refuses to pay?
What causes West Virginia car accidents?
Should you go to urgent care if you’re injured?
What should you do if in an accident while pregnant?
Types of Motor Vehicle Accident Cases We Represent in Charleston, West Virginia
Our car accident attorneys at Johnstone & Gabhart, LLP, are prepared to take more than 50 years of combined experience to work with motor vehicle accident victims in West Virginia, Ohio, or Kentucky involving:
Our comprehensive knowledge and experience in litigation allow us to approach each case in our client’s best interests. By working directly with our clients and undertaking the needed investigation for every case, we prepare ourselves for any negotiation or courtroom situation. We have helped hundreds of clients obtain millions of dollars and the justice they have deserved.
Dealing With Auto Insurance Companies Near You
In the aftermath of a car accident, everything can seem like a blur. An ambulance, a police car, an emergency room, and urgent phone calls to family members may all seem to whirl by. Meanwhile, an injured person is likely to be in pain, in shock, and/or unconscious. As soon as injuries are stabilized – or even sooner – you may be met by insurance company representatives. Whether they are from your own insurance company or the insurance company that covers a car or truck that collided with your vehicle, beware of insurance adjusters!
Before you know it, an insurance investigator or claims adjuster may ask you to give statements – and ask to record those statements. Insurance company representatives may ask you to sign a release in exchange for a quick settlement offer. Do not be surprised to hear, “You don’t need to hire a lawyer.” Be careful!
Remember that in many or most cases, insurers’ objective is to save money. They will most likely try to limit the benefits they pay out.
Even if the insurance adjuster tells you that they accept responsibility, this does not mean that they will pay you the compensation that you deserve. In many cases, initial lowball settlement offers are barely enough to cover your property damage and medical expenses – and may not even take your pain and suffering and other losses into consideration!
Recorded statements that you make can be used against you in settlement negotiations or court. It is too easy to make a mistake or hurt your case without realizing it.
Once you sign a release and/or accept a settlement check, there are no “do-overs.” You may learn too late that a company refuses to pay to fix your car or questions whether medical treatments recommended by your doctors are medically necessary.
Get the information you need from an advocate with your best interests in mind. As soon as possible after a car accident, a free initial consultation with a lawyer is one of the best steps you can take to make sense of what is happening. An attorney on your side can explain processes and procedures, interact with insurers on your behalf, and help protect your rights.
What to Expect After an Accident
While details will differ from one car accident to the next, the sequence of events in most cases is quite similar. The aftermath of your car accident in West Virginia may proceed like this:
Police will come to investigate the scene of the accident right away, once they receive a call.
If injured, you (or he/she) may go to a hospital with paramedics or in an ambulance.
Assuming your car is damaged, it will be towed away.
In the days that follow, you are likely to miss work as you receive necessary medical treatments.
Depending on the severity of your injuries, you may be admitted to a hospital.
Right away, questions will arise as to who will be paying your medical bills.
Police investigators or other investigators will seek to determine who was at fault.
If you are able, you will likely contact your insurance company – or a family member will do it for you.
What happens next will largely depend on factors such as:
Was it a car, commercial vehicle, truck, bus, or motorcycle that collided with your car?
If another driver was negligent, did he or she have insurance?
What evidence of negligence by another driver stands out: drunk driving? Speeding? Inattentive driving? Texting while driving?
How serious are your injuries? How long will you be off work? Will you need surgery?
Seeking legal representation after your motor vehicle accident is one of the best ways to protect yourself and your legal rights. Our Charleston car accident lawyers will help you understand your options and will protect you from unscrupulous insurance companies and their shady tactics.
What Should Be Done Immediately After an Accident
A car accident or other motor vehicle incident can be a stressful and scary affair. If someone is injured in such an incident, they may have a right to seek compensation through insurance claims and lawsuits, particularly if another party was responsible for the accident. Before considering legal action, however, some steps should be taken regarding any car accident.
First, individuals involved in the accident should remain at the scene until it is appropriate to leave. In most cases, you should not leave the scene until law enforcement officials or first responders have arrived and cleared you to do so. Leaving a scene can make it difficult to collect a claim payment later and can even make you seem more liable in the accident than you might have been. Remaining on scene lets you provide your side of the story to police officers.
You should also call the police to report the accident, especially if there is any damage or injury associated with the accident. Even if you feel damages may be minor, it’s a good idea to get the police involved to create an official record of the crash.
Check on everyone involved in the crash. If you are not injured so badly that you can’t move, then check on other drivers and passengers. Avoid moving anyone with serious injuries or who is unconscious unless not moving them puts them in more danger. For example, people on site may have to move an injured person before medical professionals arrive if a vehicle catches fire.
Exchange insurance and contact information with all drivers involved. In some cases, you might also want to gather contact information for any witnesses to the crash. This could be valuable information if you later take a claim for compensation to court.
Compensation from an Auto Accident in Charleston, West Virginia
If you were injured due to the negligence or carelessness of another party, you have a right to recover compensation for the damages you have suffered. It’s helpful to know what damages are recoverable so you can get the maximum compensation for everything you have lost.
Special damages (also known as economic damages) are damages that are financial such as medical bills, lost wages, and damage to your vehicle. You can also recover money for lost wages, reduced earning capacity, and other expenses such as renovations to your home to accommodate a disability.
General damages (also referred to as non-economic damages) refer to losses that are not financial but have a significant impact on your life. These losses include physical pain and suffering, mental anguish, emotional distress, disfigurement, loss of enjoyment of life, inconvenience, the permanence of injury & annoyance. These losses don’t come with an invoice or bill but are incredibly important as part of your car accident settlement.
General damages are usually the largest component of your personal injury settlement or award. General damages are highly personal to you and the effect the injury has had on your life. For example, for a new mother, a back injury may mean that you are unable to pick up your child. For a runner, it may mean that you are no longer able to do the thing you enjoy. It takes an experienced attorney to help document your general damages claim and secure the maximum compensation. It helps to keep a personal journal to help document how the injury has affected your daily life.
In some cases, you may also be entitled to punitive damages. These damages are meant to penalize a person who acted intentionally or recklessly, such as a drunk driver who caused an accident. In West Virginia, punitive damages are capped at the greater of four times compensatory damages (general plus special damages) or $500,000.
If a loved one died in a car crash, then you may be able to file a wrongful death claim. This type of personal injury lawsuit is filed on behalf of the estate of the deceased person. Any damages recovered in a wrongful death lawsuit – such as funeral expenses, medical bills, sorrow, and mental anguish – will be distributed to surviving family members.
Paying Your Medical Bills After An Accident
Paying for medical bills after an accident can be a problem, especially if you do not have medical coverage. However, there is usually an option to help you get the care you need.
If the accident was the fault of another party, his or her insurance company is responsible for your medical bills and other damages. However, the insurance company will not pay medical bills as you go. Instead, it will issue a check for all of your damages, including past and future medical bills, after your case is resolved.
Until your case is resolved, you will need another way to pay medical bills. Here are some of your options:
Your auto insurance may have a limited amount of coverage, known as Medical Pay coverage in West Virginia and Ohio, and personal injury protection (PIP) in Kentucky.
If you have medical coverage through your employer or a private plan, you can use that plan to pay your bills. Your insurance company will expect repayment once you recover compensation from the insurance company of the at-fault driver. Our attorneys can negotiate with your insurance company to ensure that you keep as much money in your pocket as possible.
If you are eligible, Medicaid or Medicare will pay your bills. Like private or group health coverage, these plans will expect reimbursement after you recover compensation.
Some doctors will provide your care in exchange for a lien on your personal injury award or settlement. Our lawyers will draft a protection letter so your credit will not be affected. We can recommend and set up an appointment with a doctor for you.
You will need to see a doctor and follow his or her instructions to document your accident-related injuries. Otherwise, the insurance company of the at-fault driver is not likely to pay much for your claim.
How Do Car Accident Settlements Work in West Virginia?
The First 24 Hours
You begin establishing your case the moment you have the accident. If there is an injury or death, or if the property damage exceeds $500 then you are required by law to call the police and file a report. Do not forget to document the scene. Take photographs and videos. You should also contact your insurance company as well as the other person’s. If there are any injuries, seek medical attention immediately. It is a good idea to at least get evaluated at the emergency department after an accident. Injuries don’t always show up right away.
Talk to the Claims Adjuster
You may find yourself talking to the claims adjuster on the same day as your accident. If not, it is usually within a few days. Their job is to investigate the accident and your claim, then negotiate with you to settle the claim. Keep in mind that their goal is typically to move the claims process along quickly and offer you the lowest amount possible.
File a Lawsuit
If the offer is too low and you decide that you don’t want to settle with the claims adjuster, your next step is to get a West Virginia car accident attorney to handle the claim for you and, if necessary, file a lawsuit. A seasoned, respected personal injury attorney can get you a much better settlement than you can alone. The judicial process involves depositions and other information gathering efforts which can take six months or longer. However, you may not end up in a courtroom. You could settle out of court if agreeable terms can be met before your trial begins. If you do go to trial, a jury will determine a verdict on your case.
Handling Appeals
Once the court has determined a verdict, it can be appealed. The opposing side may choose to file an appeal because they don’t agree with what the jury awarded. If this happens, you can expect your case to take longer to resolve. On average, it takes around two years from filing the motion for appeal for you to receive your settlement. The timeline is dependent on the case, but your attorney can give you a better idea of what to expect.
How to File a Vehicle Damage Claim in Charleston, West Virginia
Dealing with an insurance company over a vehicle damage claim can be difficult when you are laid up after an accident. If we are representing you in your personal injury case against the at-fault driver, we will handle your vehicle damage claim without charge.
In West Virginia, if you are injured in an accident that was caused by a negligent driver, you are entitled to have your vehicle repaired at a body shop of your choice. If the cost of repairs exceeds the value of your vehicle, you are entitled to the fair market value. You are also entitled to a rental car while your vehicle is being repaired or for a reasonable amount of time while you are buying a new car.
Our lawyers will negotiate with the insurance company on your behalf so that you can concentrate on your health and your family. Recovering from an accident is difficult enough without having to deal with the hassle of vehicle repairs and insurance companies.
The most important issue after an accident is obtaining the medical care you need and following through on your doctor’s treatment recommendations. If you have suffered a serious injury, your personal injury claim will be worth much more money than your vehicle damage claim. However, if you fail to follow up on your medical treatment, the insurance company will assume that you are not injured, so let us help you maximize your recovery starting with the repair or replacement of your vehicle.
According to a study conducted by the Auto Insurance Center, most car accidents in West Virginia that result in fatalities occur due to a vehicle’s failure to remain in the proper lane. According to the study, which relied on data from the National Highway Traffic Safety Administration, leaving the proper lane was the top reason for car accidents in 28 other states as well.
The data used in the study was recorded from 2009 through 2013. Top reasons in other states for fatal car accidents included reckless driving, driving in the oncoming traffic lane, operating equipment that didn’t meet requirements, making improper turns, failing to adjust to conditions or road obstacles, over-correcting, and failure to yield.
When comparing West Virginia with other states, the Auto Insurance Center notes that West Virginia is more affected by one of the above reasons than other states. West Virginia ranked top for accidents that were caused by driving on the wrong side of the road, even though that was not the most common accident type in the state. The AIC calculated the top state for each factor based on the number of crashes involving that factor compared to the population of the state.
The AIC also looked at drunk driving, speeding, and weather-related factors for fatal accidents. West Virginia ranked above average for the number of fatal accidents related to drunk driving, but it was not in the top five. The state had the third-highest number of fatal accidents related to speeding. Likely weather factors for accidents in West Virginia include rain, snow, and sleet.
Regardless of the factors relating to a fatal motor vehicle accident, grieving loved ones are left with a need to recover. In some cases, recovery might include financial issues. The legal system provides a way for loved ones to seek compensation for their losses if someone else is liable or at fault in a fatal vehicle accident — even if weather or some other factor was also at play.
Work with a Charleston, WV Car Accident Lawyer
Once you decide to work with an attorney at Johnstone & Gabhart, LLP, we can take the burden of communications with insurance companies off your shoulders. Your medical bills will go through our law firm. We will be the ones to communicate with insurers and medical care providers on your behalf and to obtain your medical records and other documentation to support your claim. Our 50-plus years of experience allow us to confidently guide you through the process of pursuing the maximum available compensation for you.
Learn what to expect in a car accident case and how we can help. To get in touch and schedule a free case evaluation with our Charleston personal injury lawyers, call 877-416-5457 or email the firm.
