Being involved in a car crash is a very stressful experience. You may suffer serious physical injuries, as well as injuries that are not as apparent, such as emotional trauma. You deserve financial compensation for any loss you suffer as a result of someone else’s negligence. Unfortunately, obtaining the full compensation you are entitled to is not easy. Our Phillippi car accident lawyer can provide the legal advice you need so you obtain the fair outcome you deserve.
Why Work with a Phillippi Car Accident Lawyer?
After a car crash, you will likely experience many emotions and you should not have to go through this difficult time alone. Fortunately, you do not have to. There are many benefits you can enjoy when working with a Phillippi car accident attorney. These are as follows:
- You will have a better chance of winning your case, as insurance companies are more likely to act in good faith when accident victims have legal representation.
- Studies have shown that you can receive up to three times more in compensation than if you went through the process alone.
- You will have a better understanding of what your car accident case is worth and if the insurance company is offering a fair settlement.
- A lawyer will have the resources your case may need, such as trusted specialists and experts.
- You can focus on your recovery while an experienced attorney handles the legal details of your claim.
How Long to File a Car Accident Claim in Phillippi?
If someone else was at fault for the crash, you do have the right to file a claim against their insurance company to obtain the compensation you need. However, you only have a limited amount of time to do this.
In Phillippi, as throughout West Virginia, car accident claims are governed by a statute of limitations, or time limit. The law is quite strict and only provides you with two years from the date of the crash to file your claim. If you have lost someone you love in a car accident and need to file a wrongful death claim, you also have just two years to file your claim.
There are some exceptions to the statute of limitations, but they are very rare. For example, if you did not discover your injuries right away, you have two years from the date you discovered or should have discovered that you were hurt.
Cases involving minor children or government entities also have different statute of limitations. Any time you are in a car accident involving these entities, you should speak to a Phillippi car accident lawyer who can advise on how long you have to file your case.
Damages Available After a Car Accident
Car accident claims are intended to compensate you for all physical, emotional, and financial losses suffered in a crash. Damages are not always easy to calculate when trying to determine the value of your claim, and it is also easier than people think to overlook losses they have sustained. Our accident attorney can help you claim full damages for your losses, which may include:
- Current and future medical expenses
- Lost income, including wages, employment benefits, sick pay, and vacation pay
- Reduced earning capacity if you cannot return to the same type of employment in the future and have to accept a lower-earning job
- Property damage if you need to repair or replace your vehicle
- Physical rehabilitation
- Out-of-pocket expenses, such as the cost of transportation to and from doctors’ appointments
- Physical pain and suffering
- Emotional distress
- Diminished quality of life
- Permanent scarring, disfigurement, or disability
- Loss of household services if you cannot complete daily tasks such as cleaning and cooking
Not all of the above types of damages have concrete dollar values so they can be difficult to calculate. Our Phillippi car accident lawyers can evaluate all of your losses and advise on the formula to use to accurately calculate your economic and non-economic damages.
The Comparative Negligence Law in Phillippi
Many accident victims believe that if they contributed to a crash, they are not eligible for compensation, even if they were only slightly at fault. This is not true. Car accidents in Phillippi, and throughout West Virginia, are governed by modified comparative fault law. Under this law, accident victims can still claim compensation if they are less than 51 percent to blame for a crash. Any damages they are awarded, however, are reduced by their percentage of fault.
For example, you may fail to use a signal when changing lanes even though there were no vehicles around you at the time. A driver who is speeding may approach you from behind faster than you guessed because you could not determine that they were traveling over the speed limit. If they caused a rear-end collision, you may be found 10 percent at fault for failing to signal the lane change and they may be found 90 percent to blame for speeding and crashing into the back of your vehicle.
In the above example, if you were awarded $75,000 in overall damages, they would be reduced by ten percent. Ultimately, you would receive $67,500 in damages.
The comparative negligence law is often used as a defense by insurance companies and defendants in car accident cases. They may argue that you were at least partly at fault for the crash in order to shield themselves from paying full damages. Our car accident attorney can refute these claims so you obtain the maximum compensation available in your case.
Call Our Car Accident Attorney in Phillippi Now
After a car crash, you will sustain many losses. You may not be able to enjoy the activities you once did, or even perform daily tasks. You deserve compensation for these losses and our Phillippi car accident lawyer at Kaufman & McPherson can fight for you, your rights, and the full compensation that is justly yours. Contact us to schedule a free review of your case with our experienced attorney and to get the legal help you need.
