Have you been hurt in a motorcycle accident in Beckley, WV? You might be eligible for compensation. Our Beckley motorcycle accident lawyers at Farmer, Cline & Campbell, PLLC, can help. Call our office today at (304) 252-5990. We’ll fight to recover compensation for your losses.
Since 1996, we have won hundreds of millions of dollars for injured clients. This money has helped injured clients get their lives back on track. We can help you get justice after getting hurt because of someone else’s negligence in Beckley, West Virginia.
Contact our law office to schedule a free consultation with a Beckley motorcycle accident attorney.
How Farmer, Cline & Campbell, PLLC Can Help After a Motorcycle Accident In Beckley, WV
Farmer, Cline & Campbell, PLLC, can explain your rights after a motorcycle accident in Beckley, WV. You might be entitled to payment for financial and non-financial losses. Our Beckley motorcycle accident lawyers can help you assert those rights.
Our team of highly qualified lawyers has 315 years of combined experience. We are proud to have a 10.0 Avvo Rating from our satisfied clients and have been named one of The National Trial Lawyers Top 100 Lawyers.
Farmer, Cline & Campbell, PLLC is a full-service law firm.
If you trust us after getting hurt in a motorcycle accident, our Beckley personal injury attorneys will:
- Explain the law
- Investigate the crash
- Identify everyone responsible
- Calculate your damages
- Collect evidence
- File insurance claims
- Negotiate for a full settlement
- File a motorcycle accident lawsuit
- Represent you in court
We are ready to build a strategy to win your case today. Call us to learn more during a free consultation.
How Common Are Motorcycle Accidents In West Virginia?
In 2020, 38 motorcyclists died in crashes across West Virginia. Almost one-third of the fatalities were riders without helmets. This was 14% of all statewide fatalities and a significant increase from the 28 fatalities in 2019.
What Is My Motorcycle Accident Case Worth?
Motorcycle accident cases tend to be worth a lot of money. This is because motorcycle crashes can cause serious injuries. Usually, the more serious an injury is, the more money a plaintiff will recover. However, there are many factors that can increase or decrease your case value.
Some of the most common considerations are:
- If you have a permanent and severe injury
- The extent of your medical treatment and the need for ongoing treatment
- Physical and emotional pain and suffering
- You ability or inability to work and earn income
- Your ability or inability to advance in your career
- If you are able to enjoy life and the same activities as before the accident
- The damage to your motorcycle
- If you are partially responsible for the crash
We can project an estimated case value at the beginning of the representation. While this is only a number, it is a benchmark for negotiations with the insurance company and defendant. Many of our clients are surprised to learn that their case is worth more than they are expecting.
What Kind Of Damages Are Available To Motorcycle Accident Victims?
Motorcycle accident victims can recover compensatory damages. Compensatory damages pay a plaintiff for their actual or likely future losses. This is different from punitive damages. Punitive damages punish a defendant and deter future bad behavior.
Compensatory Damages
Compensatory damages include financial and non-financial losses. Financial losses are called economic damages.
Economic damages may include:
- Emergency medical bills
- Cost of surgery
- Ongoing doctor visits
- Rehabilitation
- Physical therapy
- Pharmaceutical costs
- Property damage
- Lost wages
- Lost future earnings
- Lost employment benefits
- Mental health treatment
- Out-of-pocket expenses
Non-economic damages are all other types of losses. They are usually emotional and represent the change in quality of life.
Non-economic damages may include:
- Physical pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of overall quality of life
- Loss of companionship
- Permanent disfigurement or scarring
- Mental illness
In most cases, there is no cap on the amount of non-economic damages that you can recover. This means that it may make up a significant portion of your losses. This is usually true when someone has a disabling injury.
Punitive Damages
In rare cases, you can ask for punitive damages. Punitive damages are available when the defendant acted with actual malice or a conscious, reckless, and outrageous indifference to the health, safety, and welfare of others.
However, there is a cap on punitive damages. You can only recover a maximum of $500,000, or four times your compensatory damages. The court applies the greater amount.
How Much Does It Cost To Hire a Beckley Motorcycle Accident Lawyer?
The cost of your motorcycle accident lawyer depends on how much you win at the end of your case. This is called a contingency fee. It means that your lawyer’s fee depends on winning. If they lose your case, you aren’t obligated to pay them anything at all.
Instead, when they win, you will give them a percentage of the awarded damages. You and your lawyer will agree to a percentage at the beginning of your case. It may vary depending on if your case goes to trial or settles outside of court. Usually, the fee is between 33% – 40%.
Contingency fees tend to benefit plaintiffs. Many are already struggling financially and cannot afford to pay a lawyer out of pocket. With a contingency fee, they won’t have to pay anything until they win; even then, it is an amount they can always afford.
Can I Recover Compensation if I’m Being Blamed for a Motorcycle Accident In West Virginia?
In many cases, you can recover compensation if you are blamed for a motorcycle accident in West Virginia. The catch is that you must be less than 50% responsible. If you are 50% or more responsible, you cannot recover anything at all.
This is called modified comparative negligence. It protects plaintiffs who may have a small level of responsibility. Instead of destroying their case, they can recover proportionate damages.
Proportionate damages means that they can recover their damages minus their percentage share of responsibility. For example, if a plaintiff is 25% responsible for the crash, they can recover 75% of their damages.
We’ll Fight To Recover Compensation for All of Your Motorcycle Accident Injuries
Motorcyclists lack the same protections as cars. There are no seatbelts, airbags, or even the body of a car to protect them in an accident. As a result, many riders have catastrophic injuries after getting into a crash.
We can help you recover compensation no matter how minor or severe your injury.
Some of the most common types of injuries are:
- Traumatic brain injuries
- Broken bones
- Amputations
- Spinal cord injuries
- Paralysis
- Severe burns
- Crush injuries
- Back and neck injuries
With your permission, our Beckley motorcycle accident attorneys will review your medical records. We may also consult with medical experts and your doctors. This information is crucial to understand how to help you win your case.
What Causes Most Motorcycle Accidents In Beckley, West Virginia?
Like car accidents, motorcycle crashes are often preventable. Some of the most common causes of motorcycle accidents in Beckley, WV, are:
- Blind spots
- Unsafe left-hand turns
- Running red lights and stop signs
- Speeding and swerving
- Drunk driving
- Distracted driving
- Aggressive driving and tailgating
- Illegal lane changes
There is a lot of bias when it comes to motorcyclists. Motorcyclists are often wrongfully blamed for causing accidents. In reality, drivers actually cause many motorcycle accidents because of their negligence and lack of attention around motorcyclists.
How Do I Prove Negligence After a Motorcycle Accident In West Virginia?
Since West Virginia is a fault-based state, you must prove that the other driver was negligent when they caused the accident. Negligence might seem like a simple legal concept at first, but it can become tricky. Personal injury lawyers spend years specializing in negligence law.
Every negligence claim has four parts. You must prove each part by a preponderance of the evidence. This is called the burden of proof. If you don’t meet the burden of proof on even one element, you will lose your case.
The elements of negligence are:
- Duty
- Breach
- Causation
- Damages
Essentially, every driver owes a duty of care to others on the road. This includes motorcyclists. The duty is to act as cautiously to avoid foreseeable accidents. When they breach that duty and cause an accident, they can be held responsible for the plaintiff’s damages.
Just because there was an accident doesn’t mean that the driver is negligent. If they weren’t taking an objectively foreseeable risk, then they may not be held liable. A Beckley motorcycle accident attorney can help you understand if negligence applies in your case. If it does, they will help you pursue the case.
How Long Do I Have to File a Lawsuit After a Motorcycle Accident?
There is a two-year statute of limitations in your motorcycle accident case. Your Beckley motorcycle accident lawyer will have a lot of work to do before the time runs out.
You should contact Farmer, Cline & Campbell, PLLC, to get started on your case.
Contact Our Beckley Motorcycle Accident Lawyers for a Free Consultation
If you were injured in a Beckley, West Virginia motorcycle accident, Farmer, Cline & Campbell, PLLC, is here for you. Contact our law office to schedule a free consultation with our Beckley motorcycle accident lawyers so that you can learn more about our law firm and your legal rights.
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Beckley Chiropractors
- Chipley Chiropractic – 409 N Kanawha St, Beckley, WV 25801
- Kominsky Chiropractic – 3157 Robert C Byrd Dr, Beckley, WV 25801
- Integrity Chiropractic Inc – 300 Rural Acres Dr, Beckley, WV 25801
- Evans Chiropractic – 403 3rd Ave, Beckley, WV 25801
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.