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Last Modified on Jan 10, 2026
If you or a loved one has been injured in a car accident, you may be wondering what forms of compensation are legally available to you. While each case is different, and successful personal injury claims are dependent on proving negligence, West Virginia car accident settlement examples can provide facts to help inform your case.
How Car Accident Settlements Are Calculated
The amount of compensation a plaintiff receives in a car accident settlement depends on the severity of the injuries suffered. A fair settlement usually addresses any medical expenses that arise due to the accident, lost wages, replacement costs or repairs to the vehicle, and some financial compensation for intangible expenses, such as pain and suffering.
In West Virginia, the courts use a modified comparative fault rule to establish negligence in accidents. To receive a settlement, the plaintiff in a car accident case must prove that their percentage of liability is less than that of the at-fault driver. The percentage of liability determines how much of the settlement will be awarded to the plaintiff.
Recoverable Damages
Most minor soft tissue injuries, like whiplash, receive settlements that address the cost of medical treatment and ongoing care. These settlements can range from a few thousand dollars to more if the injuries sustained are more severe, such as head trauma or fractures that require surgery and rehabilitation services.
However, in West Virginia, there is no cap on the amount that can be awarded for non-economic damages, such as those for pain and suffering. Therefore, seasoned accident injury lawyers can negotiate claims on your behalf that pursue full compensation.
One recent example is the case of Rodgers vs. Orphanos. The plaintiff was severely injured in a motorcycle accident in 2017 and received medical care that left him a paraplegic. Due to the catastrophic nature of his injuries and the negligence of his surgeon, a jury awarded Rodgers over $17 million in damages. While this type of large settlement is extremely rare, serious accidents that leave their victims injured for life typically generate more compensation.
Building a Car Accident Injury Case
When you are involved in an automobile or motorcycle accident, it is crucial to follow accident protocol to help protect evidence that can help you seek compensation. Call for help, and do not leave the scene of the accident, as this is illegal in West Virginia. Once medical responders arrive, accept care and ambulance transportation if offered.
After an accident, you may feel fine, but adrenaline can make your injuries seem less serious than they are. It’s important to be thoroughly examined after an accident, as injuries such as internal bleeding or soft tissue injuries may not present immediately.
Collect personal information from the other driver, including their insurance information, and request a copy of the police report, as well as any witness statements. These are valuable pieces of evidence that you can later use to support your claim. Most importantly, do not admit fault or diminish the actions of the other party in any way, and do not accept a settlement offer from an insurance provider without speaking to a qualified personal injury lawyer first.
Insurance companies often attempt to contact accident victims and quickly settle claims for less than what you deserve to avoid litigation, preventing you from receiving a higher settlement that will adequately cover your expenses.
Hire a Car Accident Lawyer
With over 130 years of combined experience in personal injury and accident law, the team at Wooton, Davis, Hussell & Johnson, PLLC, can help you pursue legal action against negligent drivers, ensuring your case is heard at the Kanawha County Circuit Court. If you’ve been injured in an accident, you deserve justice and fair compensation, no matter the extent of your injuries. We are dedicated to getting you the results that you deserve.
FAQs
What Is a Good Settlement Offer for a Car Accident?
A good settlement offer takes into consideration the full scope of damages and financial hardships you may face because of the accident. Settlements should address any medical bills or ongoing costs for therapy and rehabilitation, lost wages, reduced earning potential, pain and suffering, and other intangible consequences of the accident.
How Much Compensation for Anxiety After a Car Accident?
Compensation for anxiety will fall under non-economic damages, which can include mental anguish and psychological trauma. Post-accident anxiety can be severe, impacting your ability to drive. It’s important to document any therapy, medication, or consequences of accident-induced anxiety to serve as evidence for your claim and increase your chances of a successful settlement.
Can I Lose Money on a Settlement if I Am Negligent?
The sum of damages awarded in a settlement is dependent on the percentage of negligence for which both parties are responsible. If you carry 40% of the liability, the settlement will be reduced accordingly. For example, if you had been entitled to $100,000 if the defendant were 100% at fault, and you are found to be 40% at fault, your settlement will be reduced to $60,000.
How Much Does It Cost to Hire a Car Accident Lawyer?
Car accident and personal injury lawyers work on a contingency fee basis, which means they do not collect compensation unless you receive a settlement. Their fee will be deducted from the net settlement, and the remainder will go to you, the plaintiff. Most car accident lawyers offer free initial consultations to review the details of your case and will offer representation if your case qualifies for legal action.
Contact a West Virginia Car Accident Lawyer
When you need to hire a car accident lawyer, it’s vital to choose a law firm with knowledge of West Virginia car accident laws, which can be complex. With over a century of experience serving the citizens of Kanawha County and beyond, Wooton, Davis, Hussell & Johnson, PLLC, are your trusted allies for all kinds of accident claims. Contact us today to schedule a consultation and learn your rights. Let our team put our extensive knowledge and experience to work for you.
