Were you recently injured in a car accident in Charleston, WV? You may deserve compensation for medical bills, lost wages, pain and suffering, and more. An experienced Charleston, WV car accident lawyer at Farmer, Cline & Campbell, PLLC can help you pursue the full compensation you deserve.
Our lawyers have over 315 years of experience handling complex personal injury law matters. Since we founded our law firm, we’ve recovered over half a billion in settlements and verdicts.
When an accident isn’t your fault, you deserve to be compensated. Contact our law offices in Charleston, West Virginia, at (304) 346-5990 to schedule a free consultation and learn how our lawyers can help you hold the at-fault driver responsible.
How Can Farmer, Cline & Campbell, PLLC Help Me Recover Compensation After a Car Accident in Charleston?
Many car accident victims have trouble recovering fair compensation from the insurance company. Insurance companies aren’t in the business of handing over fair settlement checks without a fight. They’ll work hard to minimize the amount of money you take home–often, by downplaying your losses and even blaming you for the crash.
Unfortunately, victims often back down to avoid a lengthy legal battle. They take less money than they deserve to avoid the fight.
Having an experienced Charleston, WV personal injury attorney can significantly change the outcome. Our team at Farmer, Cline & Campbell, PLLC is known throughout the insurance community. When we sit down on your side of the negotiating table, the insurance companies know they’ll have to take your case seriously.
We’ll fight for you by:
- Conducting a full investigation into the crash
- Evaluating any available evidence
- Building a strong, evidence-backed insurance claim
- Documenting your damages
- Calculating the value of your losses
- Developing evidence to maximize you non-economic damages
- Defending you against blaming tactics
- Hiring experts who can strengthen your case
- Handling all communications with the insurance company and negotiating for a full settlement
- Fighting to protect your rights at trial if necessary
You can learn more about how a trusted Charleston personal injury lawyer can help by calling for a free consultation today.
Why Should I Hire a Car Accident Lawyer To Handle My Injury Claim?
It’s true that most car accident claims settle with insurance companies without going to court. Still, hiring a car accident lawyer is always a good idea if you are injured in an accident.
Insurance companies don’t tend to offer fair settlements without strong proof. You’ll have to file a claim for compensation with the at-fault driver’s insurance company. They’ll ask questions about what happened–and the evidence you offer will make a significant difference in your compensation.
Your lawyer can start building your case early on. We’ll investigate and preserve the evidence you’ll need to prove your case before it disappears. We can also bring in experts who can offer insight into both your current damages and those you’re likely to incur in the future.
Recovering full compensation for accident victims is our number one goal. If the insurance company isn’t willing to offer a fair settlement, we’ll be prepared to go to trial and demand fair compensation.
How Much Compensation Can I Recover by Filing a Car Accident Lawsuit?
Many different factors can impact the value of your personal injury case.
Some of the primary factors that will impact your compensation include:
- The severity of your injuries and your prognosis for making a full recovery
- The cost of your medical treatment
- The value of any lost wages during recovery
- How long it will take to reach maximum medical improvement
- Other out-of-pocket expenses you’ve incurred
- The intangible impact of the injury, including damage to your quality of life
- Whether the injury is expected to impact your future earning capacity
- Whether you share any fault for the accident
- The amount of available insurance coverage
- The strength of the evidence to support your claim
Before you take an insurance deal, it’s always important to consult an experienced attorney. Your lawyer will carefully review the facts and document your losses.
How Long Do I Have To File a Personal Injury Lawsuit After a Car Accident in West Virginia?
The deadline for filing a lawsuit after a car accident is two years for adults. The law provides a longer time period for minors. Under West Virginia law, if you fail to take legal action before the statute of limitations passes, you cannot sue the at-fault party for damages.
Exceptions to the rule are rare–and the consequences for missing the deadline are harsh. It’s also important to understand that you’ll start by filing a claim with insurance. Every insurance company has its own rules, but it is a good idea to file your claim soon after the accident. In terms of first-party insurance coverage (benefits provided by your own insurance company), most policies require prompt notice following an accident.
Consulting a lawyer sooner rather than later is always advisable. While accepting a quick insurance deal is often a mistake, it’s never too early to start building your case.
What Types of Damages Can I Recover in a Successful Car Accident Lawsuit?
Compensatory damages in West Virginia fall into two categories: economic and non-economic damages. If your case is successful, you should recover compensation to account for all of your losses.
What Types of Economic Damages Are Available in West Virginia?
Economic damages are your financial costs. You can recover compensation for any financial expenses you can prove you’ve paid due to the accident.
Examples of common economic damages include:
- Current medical bills
- Future medical expenses
- Lost wages
- Lost future earning potential
- In-home assistance
- Nursing care
- Rehabilitation
- Miscellaneous out-of-pocket expenses
Victims of serious injuries don’t stop incurring costs just because they’ve settled their case. You also deserve to be compensated for anticipated future expenses. Because you can’t go back and ask for additional compensation later, those costs must also be included in your settlement or verdict.
What Types of Non-Economic Damages Are Available in West Virginia?
Non-economic damages are your personal, non-financial losses. These types of losses are much more difficult to document. At the same time, they can make up a significant part of your settlement or verdict if you were seriously hurt.
Some examples of the types of non-economic damages you may have suffered include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Embarrassment
- Inconvenience
- Anxiety or depression
- PTSD
- Physical disfigurement and scarring
- Loss of consortium in wrongful death cases
- Wrongful death damages such as sorrow, mental anguish, solace, and other damages for loss of the deceased person’s society, companionship, comfort, and guidance.
Calculating the value of these losses isn’t an exact science. Insurance companies often use multipliers and formulas to determine their value. The results aren’t always fair. Having an experienced lawyer by your side is the best way to know that you’re getting a fair deal.
How Much Does It Cost To Hire a Car Accident Lawyer in West Virginia?
At Farmer, Cline & Campbell, PLLC, the amount of your attorney’s fees depends on the amount of compensation we recover. Like most personal injury attorneys in West Virginia, we work on a contingency fee basis.
Rather than charging upfront fees, we take our fees as a percentage of your settlement or verdict. This helps you get quality legal representation without worrying about incurring additional expenses.
Contingency fees are also beneficial because they give your attorney a powerful motivation to fight for the maximum compensation you need and deserve.
What Happens to My Compensation Award if I’m Partly Responsible for Causing a Car Accident in Charleston?
Your compensation will be impacted if the insurance companies have proof that you share blame for the accident.
West Virginia follows a modified comparative negligence law. Victims lose their right to compensation if they’re mostly responsible for their own injuries. However, you can recover partial compensation if your share of fault is less than the combined fault of all other parties to the accident. Your compensation is reduced by your percentage of fault.
Are you being blamed for causing a car crash in Charleston? Insurance allegations involving shared fault aren’t always legitimate. Our lawyers know how to help you fight back. Contact us today to schedule a free case review to get started.
Will My Car Accident Case Go to Trial?
While it’s unlikely that your case will go to trial, it’s always possible. Most of the time, our lawyers are able to negotiate a fair settlement without court involvement. Trials can be unpredictable and expensive, so it’s typically in the client’s best interests to settle out of court when possible.
However, there are situations where trial becomes necessary. Typically, trials only happen when there are serious disputes about liability or the value of an injury claim.
When insurance companies refuse to offer a fair deal, count on our lawyers to be ready for trial. We have a proven track record of successfully winning cases in court–which ultimately makes it more likely that the insurance company will want to negotiate a full settlement without trial.
What Should I Do After a Car Accident in Charleston?
After a car accident, it’s common to feel disoriented, overwhelmed, and shocked. Try to stay calm. The aftermath of a crash is a critical time, and the steps you take can make or break your car accident injury case.
Calling 911 to report the accident should always be your first step. If anyone was seriously injured, the dispatcher can send an ambulance to the accident scene. Once the police officer arrives, they can examine the damage and prepare a police report with valuable information.
Under West Virginia law, you must report any crash that causes:
- Any injury or death
- Property damage that appears to equal $1,000 or more
Assuming you are physically able, the following steps should come next:
- Seek medical attention. If you aren’t taken to the hospital by ambulance, seek medical care as quickly as possible. It’s possible that you might not notice your injuries immediately–because some types of injuries don’t show signs immediately. Your doctor can identify any injuries, make sure you get proper medical treatment, and build a medical record that can be used to support your case in the future.
- Document the scene. Take photos and videos of all vehicles involved in the crash. Try to capture as much detail as possible. It’s always possible that a vehicle could be impounded or quickly repaired, and you won’t get another chance.
- Exchange contact information. It can be helpful to take photos of the other driver’s insurance information. You should also exchange basic contact information with the at-fault driver and any witnesses.
- Cooperate with law enforcement officers. However, avoid apologizing or taking blame for the crash.
- Avoid insurance statements. The insurance companies might contact you quickly after a crash–and speaking to the insurance company may be necessary. You will want to have a lawyer representing you before giving any recorded statements to an insurance company or before signing any important documents.
You may not know exactly what happened to cause the crash. If you were injured or if a family member died as a result of a crash, call a Charleston car accident attorney to handle the insurance and legal issues. We can start working immediately and prevent details from being overlooked while you focus on your health.
Our Lawyers in Charleston Handle All Types of Car Accident Claims
Auto accidents happen in many different ways. If you were involved in an accident, it’s important to hire an attorney with experience handling cases similar to yours.
At Farmer, Cline & Campbell, PLLC, our attorneys have centuries of legal experience. We’ve handled virtually all types of personal injury claims and are well-prepared to take on your case.
Some examples of the types of car accident cases we handle include:
Rear-End Crashes
Rear-end collisions are extremely common. They typically happen when drivers are tailgating, speeding, or simply not paying attention to the road. If you were involved in a rear-end crash, contact our Charleston rear-end crash lawyers to learn more about your legal options.
Trucking Accidents
Accidents involving tractor-trailers and big rigs tend to cause extensive damage. Occupants in passenger vehicles often bear the brunt of the impact. To add insult to injury, you’ll likely have to face a big trucking corporation and their insurance company to recover compensation.
Our Charleton truck accident lawyers know how to handle these types of complex injury cases. We’re ready to start our investigation immediately, so call Farmer, Cline & Campbell’s truck accident team today.
Fatal Accident Claims
Some crashes are so serious that the victim doesn’t survive. If you’ve lost a loved one in a tragic accident, our Charleston wrongful death lawyers are prepared to help you fight for justice.
We have the tools to help you recover compensation for lost financial support, medical bills, and the loss of your loved one’s company and support. We’ll take on the insurance companies while you take care of yourself and your family.
Drunk Driving Accidents
Drunk and impaired driving is a serious problem in West Virginia. Overall, 280 total traffic fatalities were reported across the state in 2021 – and 46 involved impaired drivers. If you or a family member were injured in a collision, give our Charleston drunk driving accident lawyers a call to schedule a free case evaluation today.
Speeding Accidents
When high speeds are involved, car crashes become much more dangerous. Speed is also a leading cause of car accidents in West Virginia. In 2021 alone, 64 people were killed in crashes where speed was a factor.
If you were injured and suspect the other driver was speeding, our lawyers can help you prove it.
Additional Car Accident Practice Areas
Our lawyers are always prepared to provide legal assistance if you were injured in an accident, including those involving:
- Rollovers
- Rear-end collisions
- Sideswipe accidents
- Head-on crashes
- T-bone accidents
- Sideswipe accidents
- Multiple vehicle crashes and pile-ups
- Single-vehicle accidents
- Highway accidents
- Motorcycle accidents
- Distracted driving accidents
- Intersection accidents
- Accidents involving uninsured/underinsured motorists
- Hit-and-run accidents
- Accidents involving pedestrians and bicyclists
Do you have questions about your right to compensation after a crash? Call Farmer, Cline & Campbell, PLLC to schedule a free initial consultation today.
Who Can Be Held Liable for Damages Related to My Car Accident Injuries?
In West Virginia, any party who shares fault for a car accident can be held financially responsible.
That may include:
- The at-fault driver
- Truck or bus drivers
- Trucking companies, if a truck driver caused the accident
- Government agencies
- Pedestrians or bicyclists
- Motorcyclists
- Employers of drivers who cause accidents while on the job
While the insurance company is likely to pay at least part of your damages, you must identify the responsible parties to make that happen. Determining legal responsibility isn’t always an easy task. Someone who wasn’t even at the scene could actually be responsible for paying your damages.
Our lawyers will conduct a full investigation to locate any parties who share blame for your crash.
Common Types of Car Accident Injuries
Regardless of the type of car accident involved, any wreck can leave victims struggling with painful injuries. Our team handles all types of personal injury claims.
Contact us for a free consultation if you’ve suffered:
- Facial injuries
- Traumatic brain injuries
- Burns
- Road rash
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Degloving injuries
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Deep vein thrombosis
- Organ damage
- Chest injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
These types of injuries can cause weeks or months of treatment and rehabilitation. We know that you’re suffering. We can start working toward your financial recovery immediately, so you don’t have to wait until you’ve fully recovered to call our team for help.
What Are the Most Common Causes of Car Accidents in Charleston?
The vast majority of all car accidents happen because of driver error. In other words, they happen because people are careless and make mistakes. Unfortunately, those mistakes are often costly.
Some common examples of careless driving behaviors include:
- Distracted driving
- Texting while driving
- Tailgating
- Speeding
- Failure to yield the right-of-way
- Dangerous left-hand turns
- Illegal u-turns
- Aggressive driving
- Weaving between lanes
- Racing through intersections
- Running a red light or stop sign
- Drunk driving and drugged driving
- Fatigued drivers
- Driving in a vehicle’s blind spot
- Failure to maintain a vehicle in a safe condition
Other factors can contribute to the cause of accidents, too. Hazardous road conditions and bad weather can also make crashes more likely to occur. Even in these cases, however, negligence can play a role. For example, failing to slow down to account for icy roads can make it impossible to stop and prevent a crash.
How Do I Prove Negligence After a Car Wreck in Charleston?
Proving negligence is often the key to winning personal injury cases. Negligence means that someone failed to exercise reasonable care under the circumstances.
You prove negligence by establishing these four elements:
- The at-fault party owed you a legal duty of care
- They breached that duty
- The breach of duty directly caused your accident
- You suffered damages
Our lawyers will review accident reports, interview witnesses and evaluate the crash scene itself when we’re building your case. We’re always preparing to take your case to court if necessary–and win.
Statistics Illustrate the Danger of Car Accidents in West Virginia
While it’s tough to find concrete data on injury statistics in West Virginia, the West Virginia Department of Transportation (WVDOT) does publish data on traffic fatalities and serious injuries.
In 2021, 280 people were killed in motor vehicle accidents across the state. Another 766 people were seriously injured in car wrecks that year.
Call an Experienced Charleston Car Accident Lawyer for a Free Initial Consultation Today
At Farmer, Cline & Campbell, PLLC, we know that recovering full compensation after an accident can make a world of difference in your life. Money can’t take away the pain, but it can allow you to get the treatment you need–and give you time to rest and recover.
Unfortunately, many accident victims struggle to get a fair deal. Insurance companies make a profit when they convince victims to take less than they deserve. An experienced Charleston car accident lawyer can help you stand up and fight for a full settlement. Get started today by calling our law firm for a free case review.
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