If you have recently been hurt in a car accident in Elkins, West Virginia, you may have a legal right to financial compensation. This compensation can help cover the cost of your medical expenses, lost income, and other losses suffered during a crash. Our Elkins car accident lawyer can help you navigate the process so you obtain the full and fair settlement you are entitled to.
How Can an Elkins Car Accident Attorney Help with Your Case?
You can file a claim on your own after a crash, but it is highly recommended that you work with an Elkins car accident lawyer. While you focus on your recovery and getting better, a lawyer will handle all of the tasks associated with your claim. These include:
- Conduct a thorough investigation into the accident to determine how it occurred and who is at fault
- Carefully analyze witness statements, accident reports, photos and video footage of the accident scene, maintenance and inspection reports, and cell phone records
- Consult specialists and expert witnesses to determine liability and to accurately value your claim
- File all necessary paperwork with the appropriate insurance company and serve the defendant when necessary
- Refute claims that you were partly or wholly to blame for the crash
- Negotiate aggressively with the insurance company for a fair settlement offer
- Answer all of your questions and help you make informed decisions
- Take your case to trial, if necessary
Studies have also shown that having legal representation helps accident victims receive three times more compensation than those who go through the process alone. This is partly due to the fact that insurance companies typically take accident victims more seriously when they have legal representation.
Factors Affecting Car Accident Settlements
All car accidents are unique, but there are some common factors that affect the amount of compensation received afterwards. These include:
- The type of car accident that caused your injuries
- The nature and extent of the injuries you sustained
- If your injuries are permanent or catastrophic
- If you are unable to return to work
- If the accident caused you to suffer a diminished earning capacity and you cannot return to the same line of work in the future
- Your age and life expectancy
- If you share responsibility for the crash
- Any out-of-pocket expenses you incurred, such as vehicle repairs or a rental vehicle
- If the accident negatively affected your quality of life
The more losses you suffered as a result of the accident, the more damages you are generally entitled to.
The Statute of Limitations in Car Accident Claims
While you may be entitled to financial compensation after a crash, you also only have a limited amount of time to file your claim. If you do not file before the statute of limitations, or time limit, expires you will likely forfeit your right to claim any compensation at all. In Elkins, as throughout the rest of West Virginia, you have just two years from the date of your accident to file a claim against the negligent party. However, there are some exceptions to the law.
One of the most common exceptions to the statute of limitations is the discovery rule. Under the discovery rule, you have two years from the date you discovered or should have discovered your injuries. For example, if you suffered whiplash or a concussion after an accident, it can take some time to discover the injuries. These injuries do not always show symptoms right away. As such, you would have two years from the date of your diagnosis to file a claim.
When a child has been hurt in a car accident, the statute of limitations becomes much more complex. Children are not considered to have the mental capacity to understand their rights or take legal action on their own. As such, when they are hurt by another person’s negligence, their parent or legal guardian can file a personal injury claim on the child’s behalf. If this does not happen, the statute of limitations does not begin until the child turns 18 years old, meaning they have until their 20th birthday to file a claim.
Modified Comparative Negligence in Car Accident Cases
The law in Elkins recognizes that sometimes, car accident victims contributed to the crash that caused their injuries. For example, you may have been distracted while driving and so you failed to see that another motorist was not going to stop at a red light. If they then crashed into you, they may be assigned 80 percent of the blame for blatantly violating traffic signals. You, on the other hand, may be assigned 20 percent of the blame for driving while distracted.
In situations like these, you are not barred from obtaining financial compensation as long as you are found to be less than 51 percent to blame for the accident. However, any damages you are awarded are reduced by your percentage of fault.
Defendants and insurance companies often use the defense of comparative fault to protect themselves from paying the full damages you deserve. Our Elkins car accident attorney knows how to fight back against these claims and fight for your rights, so you obtain the fairest possible outcome.
Our Elkins Car Accident Attorney Can Provide the Legal Help You Need
You will suffer many losses after a car accident and you may feel unsure about what to do, or how to obtain the compensation you need for the harm you have sustained. At Kaufman & McPherson, our Elkins car accident lawyer can explain the legal options available to you, determine who is liable for paying damages, and hold them accountable for paying the maximum settlement you need to make a full recovery. We are dedicated to fighting for our clients and their rights, and we will fight for you, too. Contact us to schedule a free case evaluation and to get the legal help you need.
