Been injured in a car accident? You’re probably worried about how long this will take, whether you’ll have to go to court, and if you can even afford a lawyer. Here’s what you need to know: most car accident cases settle without a lawsuit. Filing in court is the final step, and fewer than 5% of cases reach that point. We can help you now.
Call us at 304-842-4300 for a free consultation. Our West Virginia car accident attorneys serve all of West Virginia, and you don’t pay us unless we win.
What happens immediately after a car accident
The moments after a crash are chaotic. You’re shaken, possibly hurt, and may not know what to do next. Here’s what matters:
Get medical help. If you’re seriously injured, call 911 or let someone call for you. Even if you think you’re fine, see a doctor the same day. Injuries like whiplash, internal bleeding, and concussions don’t always show symptoms immediately. Delaying treatment gives insurance companies ammunition to deny your claim.
Report the accident. West Virginia law requires you to report any accident that causes injury, death, or more than $1,000 in property damage (W. Va. Code § 17C-4-6). Call local police if you’re in a municipality, or the county sheriff or state police if you’re outside city limits.
Document everything. Take photos of vehicle damage, the accident scene, skid marks, and your injuries. Get contact information from witnesses and exchange insurance details with other drivers. This evidence matters if you pursue compensation.
The settlement process (most cases end here)
After you report the accident, contact your own insurance company even if you weren’t at fault. Then call us before contacting the other driver’s insurer.
Here’s what typically happens:
Insurance adjuster contact. The at-fault driver’s insurance company will reach out to settle your claim. Their first offer is almost always too low. They’re trained to minimize payouts and protect the company’s profits. It is best for your case if you have talked with us before you receive this call. We will notify the insurance company of our representation of you, and we will stop them from contacting you directly. Remember, if they contact you, it is not to help you, but instead to start building their defense.
Negotiation. Our attorneys counter their offer with evidence of your actual damages (medical bills, lost wages, pain and suffering). This back-and-forth continues until we reach a fair settlement. We know what insurance companies pay for cases like yours, and we won’t let them lowball you.
Timeline. Settlements take anywhere from a few weeks to several months, depending on injury severity and how cooperative the insurer is. Most car accident cases settle during this phase.
When settlement fails. If the insurance company refuses a fair offer, filing a lawsuit may be your only option to recover what you’re owed. We can help you now.
The car accident lawsuit process in West Virginia
If settlement negotiations break down, here’s what happens next:
Filing the complaint. We file your lawsuit in the West VirginiaCircuit Court, or sometimes in the U. S. District Court. You have two years from the accident date to file under W. Va. Code § 55-2-12. This is a hard deadline. Miss it, and you lose your right to compensation.
The other side responds. The defendant has 20 to 30 days to answer your complaint. They may file motions to dismiss, even without valid grounds.
Discovery phase. This is the longest part of any lawsuit. Both sides exchange information through interrogatories, depositions, document requests, and subpoenas. We gather evidence to prove your case while the defense builds its arguments.
During discovery, negotiations continue. Many cases settle at this stage once both sides understand the strength of the evidence.
Mediation. The courts order the parties to work with a neutral mediator to try to settle the case before trial. This third party, typically an attorney, is retained by the parties through mutual agreement, or failing an agreement, is appointed by the judge.
Trial. If your case doesn’t settle, it goes to trial. A judge or jury hears evidence and decides fault and damages. When we win, the defendant may appeal, which delays payment further.
Post-verdict. After a favorable verdict, we receive the settlement check and distribute funds according to each party.
How long does a lawsuit take
Most car accident lawsuits in West Virginia take six months to a year from filing to resolution. Complex cases can take longer. The timeline depends on:
- Court schedules and backlogs
- The number of parties involved
- Complexity of injuries and liability issues
- Whether the defense appeals
We work efficiently to move your case forward, but we won’t rush you into accepting a low settlement just to close it fast.
West Virginia’s modified comparative negligence rule
West Virginia follows modified comparative negligence with a 50% bar. If you’re 50% or less at fault, you can recover compensation reduced by your percentage of fault. If you’re more than 50% at fault, you recover nothing.
Insurance companies exploit this rule by trying to shift blame onto you. That’s why documentation matters and why you need attorneys who know how to defend against these tactics. We can help you now.
Why a West Virginia car accident attorney is necessary
Insurance companies have legal teams working around the clock on claims to minimize payouts. They’ll investigate the scene, interview witnesses, and build defenses before you’ve left the hospital.
Don’t face them alone.
Our attorneys at Kaufman & McPherson, PLLC, handle all the legal work so you can focus on healing. We investigate your accident, gather evidence, deal with insurance adjusters, handle all paperwork, and fight for fair compensation.
Call 304-842-4300 now. We serve all of West Virginia, your consultation is free, and you don’t pay us unless we win your case.
Frequently asked questions
How long do I have to file a lawsuit in West Virginia?
Two years from the accident date under W. Va. Code § 55-2-12. Don’t wait. Evidence disappears, witnesses forget details, and you need time to build a strong case. Contact us now to protect your rights.
What if I was partially at fault?
West Virginia’s modified comparative negligence rule means you can recover compensation if you’re 50% or less at fault. Your recovery is reduced by your percentage of fault. If you’re 20% at fault and awarded $100,000, you receive $80,000. If you’re more than 50% at fault, you get nothing. Of course, this percentage must be argued to and decided by a jury, so having skillful advocates on your side is important.
How much does hiring a lawyer cost?
We work on contingency, which means no fee unless we win. You don’t pay us anything unless we recover compensation for you. Your consultation is completely free with no obligation.
What if the insurance company already made me an offer?
Don’t accept without calling us first. Initial offers are usually far lower than what your case is worth. Once you accept, you can’t go back for more money even if your injuries are worse than you thought. Let us review the offer for free.
Will my case go to trial?
Fewer than 5% of car accident cases go to trial. Most settle during negotiations or the discovery phase once both sides understand the evidence. We prepare every case for trial, but work to get you fair compensation through settlement when possible.
What damages can I recover?
You may recover medical expenses (past and future), lost wages, lost earning capacity, property damage, pain and suffering, and emotional distress. In cases of extreme recklessness, you may also recover punitive damages.
What should I do if the other driver is uninsured?
West Virginia requires all drivers to carry uninsured motorist coverage. Your own insurance policy should cover your injuries if the at-fault driver has no insurance. A word of caution: your insurer will value and defend the claim just as if they insured the other driver, even going so far as to defend the other driver in court to keep the payment as low as possible. We can help you navigate this process and make sure your insurer pays what you’re owed.
Start your case now
Been injured in a West Virginia car accident? Don’t wait. The insurance company is already building its defense. Call Kaufman & McPherson, PLLC now at 304-842-4300.
We serve all of West Virginia. Your consultation is free, and you don’t pay us unless we win your case. Contact us today!
