Lewisburg Car Accidents

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Although you may always take steps to be safe and drive defensively on the road, there are times you can’t avoid Lewisburg car accidents. Others on the road can drive negligently or recklessly, causing accidents. If you have been involved in a car accident, you need a car accident attorney. When another driver or other party is at fault for the collision, you can file to recover losses such as property damage, medical costs, and lost income.

An insurance claim is more likely to be successful and obtain the highest settlement available when you work with an attorney.

Protecting the Rights of Those Injured in Lewisburg Car Accidents

Filing a car insurance claim and arguing your case to an insurance provider is stressful and frustrating in any situation, and it is even more difficult when you are injured. By working with an attorney, they can negotiate with the insurance provider on your behalf.

The team at Wooton, Davis, Hussell & Johnson, PLLC, has helped injured parties fight for the compensation they deserve for more than 40 years. We understand how to effectively approach car accident claims, including investigating, gathering evidence, filing, and negotiating. If an insurance provider is unwilling to allow you the compensation you are owed, we are capable trial attorneys who can advocate for your financial needs in court.

From the moment you bring us your car accident claim, we fight for what you deserve and ensure you understand your options each step of the way.

The Importance of Fault After a Car Accident

West Virginia is an at-fault state for car accidents. When you are in an accident, you can file your insurance claim with the at-fault driver’s insurance provider. This is why it is important to determine the cause of the accident and which party is liable. An insurance provider is likely to try to contest or limit your ability to recover compensation. If you prove all aspects of liability, it will be harder for a provider to limit your recovery. The elements of liability include:

  1. The other driver owed you a duty of care to behave reasonably with the safety of others on the road in mind.
  2. The other driver breached this duty of care. A breach includes any action or inaction considered negligent.
  3. This breach resulted directly in the accident. If there is not a direct link between the negligent action and the accident and your injury, then liability is not proven.
  4. You suffered an injury and other recognizable damages as a result of the accident.

Your attorney can use their resources to investigate the accident and prove liability. An attorney is also very helpful in dealing with the insurance provider. They know the tactics used by insurance providers and how to obtain the most compensation in your settlement.

Compensation Available in a Car Accident Claim

If you can prove that one or more other drivers are liable for the accident and you were not, then you can recover the full value of your damages from the accident. This includes economic and non-economic damages, both of which are compensatory damages. The value of your final settlement is fully reliant on the type and severity of damages you sustained.

Economic damages are your direct financial losses from an accident, including:

  • Past medical bills, such as medication, medical devices, surgeries, and other treatment
  • Future medical costs that are reasonably anticipated, such as in-home care or future procedures
  • Household services needed due to your injury
  • Lost income and lost earning capacity
  • Property damage, both to a vehicle and other valuable items

Non-economic damages have a subjective value and represent tangible losses without financial values. These damages are capped in West Virginia and include:

  • Pain and suffering
  • Emotional pain
  • Disability or deformity
  • Loss of enjoyment of life
  • Loss of consortium

Punitive damages may also be awarded in rare cases, but they are typically only awarded by the court. An attorney can help you determine if the accident qualifies you for punitive damages. Rather than compensating for a specific loss, punitive damages exist to punish the at-fault driver when their actions were malicious or recklessly indifferent to the well-being of others.

Your attorney can review your accident and injuries to determine the value of your claim. Non-economic damages are often very hard for non-professionals to value accurately, but a car accident attorney has significant experience determining a fair value.

Can I Still Recover Compensation if I Am Partially At Fault?

In West Virginia, you can still recover compensation in some car accident claims even if you are partially at fault. The state uses modified comparative negligence laws, so as long as you are less than half at fault for the accident, you can still recover compensation.

Each individual in an accident is liable for their percentage of fault. This percentage of fault may be decided by the judge, jury, or insurance providers. An injured party is not allowed to recover damages if their percentage fault is greater than the combined total of all other at-fault parties.

If you are determined to be partially at fault, your final settlement will be reduced by the amount that you are found at fault. An attorney is especially helpful if you are partially at fault. They may be able to reduce your percentage liability using evidence from the accident, therefore increasing the settlement you obtain.

Causes of Auto Accidents in Lewisburg

The cause of your car accident is important to determining the at-fault party. The common liable parties include another driver, another party on the road, the owner of a vehicle, the manufacturer of a car component, or the agency responsible for the upkeep of the road.

Typically, car accidents are caused by negligent drivers. The most common causes of these accidents include:

  • Distracted driving
  • Speeding
  • Other forms of reckless driving
  • Driving under the influence
  • Driving fatigued
  • Breaking traffic laws

Even when an accident is caused due to inclement weather, drivers are still responsible for how they react to this weather. This includes lowering their speed and driving more cautiously. A driver who does not do this can still be liable.

Your Lewisburg Car Accident Attorneys

When you are not to blame for a car accident, you should not be responsible for the costs. At Wooton, Davis, Hussell & Johnson, PLLC, we can help. We are proud to help families and individuals in our community financially recover from car accidents and take the time they need to rest. Contact our firm today.