September 11, 2025

When to Hire a Car Accident Lawyer After a Wreck in West Virginia

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Car accidents range in severity. While many of the fender-benders that occur every day in West Virginia do not cause significant harm, other crashes are much more serious and result in catastrophic injuries. If you have been hurt, you may ask yourself, ‘Do I need a lawyer for a car accident?’ The answer to that depends on the nature of the crash, the severity of your injuries, and the complexity of the legal issues, such as fault. Below, our West Virginia car accident lawyer explains further.

When to Hire a Car Accident Lawyer

There are many situations in which hiring a car accident lawyer becomes much more important.

One of these is when you have suffered a serious injury. Serious injuries require greater compensation, and so liable parties and the insurance companies that represent them will fight back harder against these claims to avoid paying full compensation.

In fact, any time you have to deal with an insurance company, it is wise to speak to an attorney.

Insurance companies use many tactics to avoid paying accident victims the full damages they deserve. They do this to protect their profits, and not the well-being of injured individuals. The insurance company will ask to access your medical records, take recorded statements, and use your own words against you. A lawyer will protect you from these tactics and ensure your rights are upheld.

Additionally, a car accident lawyer can help with disputes regarding fault. The liable party may argue that they did not cause the crash, or that you were partly to blame. Under West Virginia’s modified comparative fault law, found at West Virginia Code §55-7-13a, you can only recover compensation if you are found to be 50 percent or less at fault for a crash. If you are found to have contributed to the accident, your damages will be reduced by your same percentage of fault. A lawyer can defend against these claims, so you can obtain a full settlement.

A West Virginia Car Accident Lawyer Can Identify the Cause of Your Crash

Before pursuing compensation, you must identify the cause of the crash to determine which party is liable for paying damages. Car accidents have many common causes, including:

  • Distracted driving, including texting while driving, listening to loud music, rowdy passengers, eating, and other distractions
  • Speeding, as outlined under West Virginia Code §17C-6-1
  • Reckless driving
  • Failing to yield
  • Improper road conditions
  • Defective vehicle or vehicle parts

It can be difficult to determine what caused your accident while you are trying to recover from serious injuries. A car accident lawyer can investigate to determine the cause of your crash and who is liable for paying the compensation you need during this difficult time.

Hiring a West Virginia Car Accident Lawyer After Injury

If you have suffered an injury during a crash, it becomes much more important to work with a car accident lawyer. Some of the most common injuries suffered in car accidents include:

  • Traumatic brain injuries, including concussions
  • Neck injuries, such as whiplash
  • Soft tissue damage
  • Internal injuries, such as punctured organs and internal bleeding
  • Broken bones
  • Spinal cord injuries, including partial and complete paralysis

A West Virginia car accident lawyer can ensure you receive the medical attention you need and help you understand the severity of your injuries and how they will impact you now and in the future.

This ensures that you fully understand your injuries, the treatment you will require, and the cost of medical treatment, so you obtain full compensation. The more severe your injuries are after an accident, the more important it becomes to work with a lawyer.

Why Hire a Car Accident Lawyer?

The biggest value you will receive when working with a car accident lawyer is the amount of compensation you will receive. According to multiple studies, car accident victims who work with an attorney obtain three times more in compensation than those who go through the process alone.

An attorney will help you obtain full compensation in several ways, including:

  • Accurately calculating the compensation you are owed, including economic and non-economic damages and, when applicable, punitive damages.
  • Conducting a full investigation to determine the cause of your crash and who to hold liable for paying damages
  • Determining if multiple third parties contributed to a crash gives you a better chance of obtaining the full damages you deserve
  • Ensuring you meet all relevant deadlines and follow proper procedure so your claim is never at risk
  • Negotiating with the insurance company for a fair settlement and ensuring your rights are protected
  • Representing you at trial, if necessary

After a car accident, you should focus solely on recovering from your injuries. A lawyer will handle all of the legal details of your claim to protect your best interests.

How Much Does a Car Accident Lawyer Cost?

Retaining a car accident lawyer is typically done on a contingent fee basis, meaning that the lawyer is only paid when funds are received.

Payment is made out of settlement funds at the end of your case. If a recovery can not be made, you don’t owe the lawyer a fee. This removes any financial barrier and ensures that all car accident victims are given a fair chance to obtain the compensation they deserve.

Contact Our West Virginia Car Accident Lawyer Today

If you have been injured in a crash, our car accident lawyer in West Virginia can help. At Kaufman & McPherson, PLLC, our experienced attorneys help clients throughout West Virginia. We have been assisting car accident victims for more than 30 years and can put our experience to work for you.

We can collect the necessary evidence to prove your case, negotiate on your behalf, and help you obtain the fair outcome you deserve.

Call us today at 304-842-4300 or fill out our online form to schedule a consultation and get the legal help you need.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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