West Virginia Automobile Accident Lawyer

Suffering injuries in a motor vehicle crash can change your life in an instant, putting you in physical and financial crisis. You deserve experienced legal representation from our skilled West Virginia automobile accident lawyer team who has the background and tenacity to go up against big companies and insurance providers.

At Skinner Accident & Injury Lawyers, we offer free case reviews so you understand your legal options and how we can help. Schedule a meeting with our personal injury lawyers serving West Virginia, Virginia, and beyond.

Why Skinner Should Be Your Choice for a West Virginia Automobile Accident Claim

When you are injured in an automobile crash, you need an experienced guide who will be on your side. At Skinner Accident & Injury Lawyers, we listen to your circumstances and help you understand how to secure the car accident compensation you deserve from the at-fault parties. You can focus on getting better while we manage the paperwork and legal proceedings.

When you partner with a West Virginia automobile accident attorney from our firm, we keep you updated on what is happening. We educate you on the personal injury claim process, providing answers to frequently asked questions. With more than six decades of combined experience holding liable parties accountable, we are proud to offer big-city legal skills with small-town care to the residents of West Virginia and Virginia.

Types of Auto Accidents We Handle in West Virginia

No matter how you were hurt on the road, we are here to manage all details of your claim. We put your interests first, from Charles Town to Martinsburg and everywhere in between. Contact us to discuss any of these types of auto accidents:

We stand ready to listen to your concerns and help you decide on the best course of action in your case. We have offices throughout the Eastern Panhandle of West Virginia, and we can meet at your convenience.

Protecting Your Health and Your Claim Begins Right After Your Crash

After a car wreck, your first concern should be ensuring your safety and that of anyone else involved. If you are seriously injured, ask someone to assist you, but if possible, try to move your vehicle out of traffic and begin gathering evidence.

You can also take vital steps to safeguard your ability to file a claim by following these post-accident steps:

Call 911: Medical personnel can evaluate your injuries, establishing a crucial link between your conditions and the accident. Police or state patrol officers can assess the cause and potentially issue citations, helping you show who was at fault.
Exchange information: Under West Virginia law, drivers involved in a crash must share their contact and insurance information with one another. You can also verify these details when you request a police crash report.
Collect evidence: Photos and videos you take immediately following an accident will offer some of the most robust evidence of what happened. Capture images of your injuries, property damage, the weather, road conditions, signs, and anything that may help your West Virginia auto accident attorneys support your case.
Follow up with your doctor: Even if you think you are unhurt, it is important to see your doctor for a full examination within 72 hours of the accident. You could have delayed injuries, such as internal bleeding or traumatic brain injury, that could become life-threatening without treatment.
Contact your insurance company: Call or submit an online form to your auto insurance provider with the basic facts of your accident. Share the date, time, location, and details from the other driver, but avoid speculating on who was at fault or giving a recorded statement.
Schedule a free consultation with a lawyer: Insurance companies may make a low initial offer, hoping you will take it and close the claim. If you take the time to discuss your case with a qualified auto accident lawyer in West Virginia, you may find that you are entitled to receive a much higher settlement.
Keep detailed records: Begin a pain journal in which you write down details about how you are healing, your medical appointments, and anything that describes your recovery. You should also document any travel expenses or other costs associated with your treatment.
Follow your doctor’s orders: Keep your appointments, take medications, and follow your doctor’s advice for a full recovery. Unfortunately, insurance companies will keep an eye on your progress and may reduce your settlement offer if they feel you are not committed to your recovery.

In a personal injury claim like an auto accident, the burden of proof is on you as the victim to show how the other party was at fault. The more evidence you can supply, the stronger your case will be. Fortunately, your Martinsburg car accident attorney can help you by gathering additional photos and videos and working with various experts to build a powerful claim for compensation.

The Auto Accident Claim Process

After you have begun your recovery, you may consider how to approach what part the other parties played in your accident. If you believe someone else caused it and you are not at fault, you may seek guidance from a West Virginia auto accident attorney. A lawyer can explain the general process for filing a claim, which includes steps such as:

During a free consultation, you can ask all the questions you have.
You can share any evidence you gathered after the crash.
You and the attorney will discuss the strength of your claim and sign a legal agreement.
Your attorney will gather additional evidence to establish negligence.
They will calculate the full value of your claim.
They will file your insurance claim or initiate an auto accident lawsuit (or both).
They will negotiate for a satisfactory settlement with insurance companies or the other party.
They will prepare your case for trial if no agreement is possible.

Once you partner with your auto accident lawyer, you can focus on getting better while they handle the remaining aspects of your case. They will keep you informed, help you understand which strategy might be best, and ensure paperwork is filed on time. Contact us today to begin learning more about the automobile accident claim process.

Filing Insurance Claims vs. Auto Accident Lawsuits in West Virginia

In West Virginia, drivers must purchase liability insurance to pay for any resulting injuries or damage if they cause an accident. They only have to buy minimum amounts, which may or may not be enough for your injuries. For example, the minimum for bodily injury is $25,000 for an individual or $50,000 for all passengers in your vehicle.

If you are involved in a crash as a motorcyclist or are hit by a tractor trailer, you are likely to suffer extremely serious injuries. Your emergency medical bills alone might surpass those limits, meaning you could be left with costs you cannot pay due to someone else’s negligence. Filing an insurance claim in this instance may be a first step, but your attorney may advise you to take more aggressive legal action.

When your damages exceed the policy limits, you can file a personal injury lawsuit against those at fault. Although the lawsuit is more time-consuming, it gives you a chance to recover not only the economic losses, but also financial relief for your pain and suffering. Your lawyer can help you develop a full calculation of your damages so you understand the right path for you.

Potential Compensation Options in a West Virginia Auto Accident Case

It is important to know your rights when it comes to auto accident compensation. If another person is responsible for the accident, you are able to seek payment for the losses they caused you through their negligence. You must demonstrate how they caused you harm and provide evidence showing the value of your damage demands.

Your compensatory damages (those that pay you for what you have lost) include your economic expenses with a specific value, such as your medical care, lost income, home renovation, nursing care, treatment travel costs, and lost earning capacity. Other compensatory losses are your non-economic damages, such as mental anguish, chronic pain, loss of enjoyment of life, and permanent disability. Insurance companies do not often pay for pain and suffering, so you have a better chance for these losses at trial.

In cases where you can show clear and convincing evidence that the at-fault party’s actions were intentional or the result of a “reckless and outrageous indifference” to the safety of others, the court may choose to award punitive damages. These are capped under West Virginia law at the greater of $500,000 or four times the amount of compensatory damages.

Showing How the Other Party Is to Blame

A critical aspect of any auto accident case is showing who is to blame and how their actions led directly to your injuries. In a personal injury lawsuit, you must demonstrate four elements of negligence against the at-fault parties to successfully obtain a settlement. These elements are:

Duty of care: You must show how the other person or company owed you a duty of care to drive safely, manufacture safe products, or maintain a safe vehicle to keep you and others on the road from harm.
Breach of duty: You must demonstrate how the other party failed (breached) their duty by driving drunk, ignoring safety requirements for a large truck, or knowingly selling defective parts.
Causation: You need to show a direct link between the party’s breach and your injuries, usually by using medical records, police reports, and other evidence.
Damages: You must present an accurate and documented calculation of your losses resulting from the accident.

Under West Virginia law, the doctrine of modified comparative fault allows you to seek compensation from multiple parties in a case. This means if a truck driver and another motorist share fault for causing you injury, you can ask both of them to pay their part. However, when it comes to fault in an accident, you need to understand that the other side may try to show that you are also partly to blame.

Pushing Back Against Negligence Claims

Consider this example: You are hurt when another motorist rear-ends you while you are waiting to turn left at an intersection. Generally, you might assume the other driver is 100% at fault since they hit you from behind. However, during the negotiations, the other side successfully showed that you did not have your signal on, indicating your intention to turn. You are assigned 10% of the fault.

Your attorney will fight to minimize this amount, but as long as you are less than 50% to blame, West Virginia still allows you to recover compensation. Your settlement amount will be reduced by the same percentage, so a $10,000 claim will be reduced by 10%, or $1,000.

Factors That Can Impact Your West Virginia Auto Accident Claim

Along with comparative fault, your auto accident lawyers will explain critical factors that could influence the success of your claim. For example, insurance companies not only work to limit what they pay you, but they may also take aggressive action trying to prove your injuries are not that bad. They may hire private investigators to follow you or scour your social media posts.

They may delay processing your claim or make low offers, hoping you will accept the money and close the claim. However, if you take an offer before understanding the full severity of your injuries, you could wind up with additional costs but have no way to go back for more from the insurer. Fortunately, a skilled auto accident attorney will ensure that these companies do not take advantage of you.

Finally, you must take action as soon as possible after your accident, since the West Virginia statute of limitations only allows two years from the date you are hurt to file a lawsuit. You can begin insurance negotiations before that, but your lawyer may recommend submitting the paperwork sooner so you do not miss the deadline. This action can also encourage the other side to settle more quickly and for a better amount.

Put Skinner Accident & Injury Lawyers to Work for You Today

When you choose Skinner Accident & Injury Lawyers, you put a powerful team on your side for your personal injury auto claim. We are dedicated to serving those in need with skill, honesty, and compassion. Do not wait to pursue the justice you deserve from those who hurt you.

Arrange a free consultation with our West Virginia automobile accident lawyer today when you use our online form.