In 2021, there were 766 serious injuries related to car accidents in West Virginia, according to the Federal Highway Administration. Car accident injuries are painful and often life-altering.
If you were in a car accident and suffered injuries, you may be able to seek compensation. It’s essential to understand your options. A West Virginia car accident attorney can help you file a claim for the appropriate damages.
Seeking Damages for Car Accident Injuries in West Virginia
If you were in a car crash caused by another driver, you can seek damages. Before you know what type of damages to pursue, you have to understand the process.
Steps to Take After a Car Accident
To pursue maximum damages, remember to take these crucial steps. After the collision, you should immediately report the accident. Failing to report the accident in a timely manner can prevent the success of your claim.
After reporting and exchanging information with the other driver, record any evidence. Pictures, videos, and eyewitness accounts are especially helpful. When you seek medical attention, document this too.
Finally, contact a West Virginia car accident attorney as soon as possible. The sooner you have representation, the sooner the claims process can begin.
Statute of Limitations
The statute of limitations is the time limit a state places on lawsuits. This prevents people from pursuing lawsuits for events that occurred so long ago there is little evidence left. In West Virginia, the statute of limitations on car accident claims is two years.
From the date of your car wreck, you have two years to file your claim. This may seem like a long time initially, but you want to start as soon as possible. Trying to file a lawsuit after this time period will end in dismissal.
West Virginia’s comparative negligence rule states that the damages you collect for an accident are subject to reduction if the court finds you were also at fault. They will calculate a percentage of fault, which is what they’ll reduce your damages by. If the court finds you are more than 50% at fault, you cannot pursue a car accident claim.
Damages Available for Car Accidents in West Virginia
Three main types of damages are available for car accidents in West Virginia. Note that if you are suing a government employee, the requirements for your lawsuit differ. West Virginia does not allow punitive damages in suits against the state and limits non-economic damages to $500,000 per person.
Different types of car accidents will earn different types and amounts of damages.
Medical bills and lost wages are losses you can collect compensation for through economic damages. These damages make up for the present and future income loss you experience from the accident.
Noneconomic damages account for losses that are intangible, but losses nonetheless. Noneconomic damages provide financial compensation for pain and suffering, loss of quality of life, mental distress, and more.
Punitive damages are rarely pursued but are applicable in situations of gross neglect or malicious intent. Instead of compensating for loss, punitive damages punish the at-fault driver.
Seeking Damages for a Car Accident Injury? Contact Experienced West Virginia Attorneys
If you or a loved one were seriously injured in a car accident, you can seek compensation for your losses. A West Virginia car accident attorney from Arnold & Bailey Attorneys at Law can help. We have years of experience and will prioritize your case.
Contact us now at 304-841-0113 to talk about your case.