Last year, around 800 West Virginia residents got into their cars and headed out on what they expected to be a routine trip. Instead, they ended up getting into an accident and were seriously injured. Sadly, around 260 residents never made it home. Those numbers provided by the U.S. Department of Transportation Federal Highway Administration reflect how a person and their family can have their lives radically changed instantly.
The challenges of recovering from those accidents can be compounded when negligence from another driver was the cause of the accident. In those scenarios, you need to involve the DiPiero Simmons McGinley & Bastress, PLLC team. When you reach out to our experienced Charleston, WV car accident lawyer, you have a legal advocate who will find a fair and fast resolution for our clients. We want to help you move on with your life, beginning with a consultation to discuss your accident.
Why You Need an Attorney For Your Car Accident Claim
In their commercials, insurance companies are happy to promote how helpful they are to policyholders and that they bring “peace of mind.” The reality is that many insurance companies are resistant to paying benefits due to claimants. They will offer lowball settlements or deny a claim outright. That is why you need a Charleston, WV car accident lawyer who will be a strong advocate for your claim.
Before you accept an offer you’re not happy with, you owe it to yourself to talk to DiPiero Simmons McGinley & Bastress, PLLC. Here are some of the tasks we can take care of as part of your accident claim:
Conduct a Thorough Investigation
If we accept your case, we will conduct a thorough investigation and evaluate any available evidence. The goal is to support your version of events and establish who was at fault in the accident.
Document Your Damages
It is easy to calculate the damage to your car. That will be based on prices established by reputable sites, such as the Kelly Blue Book. The value of a vehicle is the depreciated value at the time of the accident, not what you paid for the car. That is just one component of all the damages you would be due in your Charleston car accident claim. Additionally, we will help calculate all your economic and noneconomic damages.
Write a Strong Demand Letter
When you file a claim with an insurance company, they will assign you an adjuster to assess your damages. Too often, those adjusters get the numbers wrong. When we represent you, we’ll generate a demand letter to the insurance company that details the accident based on the evidence and the damages based on our calculations. That will get the negotiations started in earnest.
Advocate for a Settlement
We will advocate for a settlement after the insurance company reviews the demand letter. That could require several rounds of offers and counteroffers. Through this entire process, we will handle all the communications and keep you informed of every discussion.
Filing a Lawsuit
If the negotiations with the insurance company hit an impasse, the other option might be to file a personal injury lawsuit with the West Virginia Courts. When that happens, we will be fully prepared to present your claim to a jury and aggressively argue on your behalf. We’ll also continue negotiating with the insurance company to come to that resolution.
All of that support begins with your first free consultation with our firm. The sooner we get involved, the quicker we can help you find a resolution.
How Much Compensation Can You Recover?
Many factors determine how much compensation you can recover as a result of your car accident. Here are the factors we will consider as we seek out your compensation:
- The severity of your injuries
- Cost of medical treatment
- Lost wages and future earning potential (if applicable)
- Car repairs and rental
- All other out-of-pocket expenses related to the accident
In addition to those tangible costs, the intangible aspects of your car accident aftermath should also be considered. These would be the aspects of your life that have been directly impacted by the accident, such as dealing with ongoing pain and being prevented from enjoying your life like you did before the accident.
What You Should Avoid After an Accident
In the aftermath of your accident, you should not admit to any fault in the accident. You also should not apologize because that could be taken as an admission of guilt. Here are some other things you should avoid to help you find a good resolution:
Guessing What Happened
When the police show up, they will create a report based on the information they collect at the scene. They will ask for your version of events. You don’t want to guess or assume facts. You just want to present what you saw and what you experienced.
Not Seeing a Doctor
You must see a doctor immediately after your accident, even if you’re not experiencing any reactions. Your doctor can conduct tests to confirm if there is an underlying injury.
Not Following Doctor’s Orders
If you are injured in an accident, you need to follow your doctor’s orders for recovery. For instance, if your doctor prescribes that you attend ten physical therapy sessions, you need to attend all ten sessions even if you start feeling better after six sessions. If you don’t follow your doctor’s orders, it could be used against you. In other words, you might not be able to claim you’re in pain if you haven’t taken all the opportunity to recover.
A Charleston, WV Car Accident Lawyer Is Ready to Assist
After you notify your insurance company about the accident, you should turn over all further communication with your attorney. You don’t want to get into a situation where you’re agreeing to a settlement without having it thoroughly reviewed by a qualified attorney. You only have one chance to settle. Once you agree, you can’t go back for additional funds.
Along with helping negotiate with insurers, we can assist with establishing fault. West Virginia law has a modified comparative fault standard when it comes to assigning liability in an accident. That means a percentage can be assigned to both drivers involved in an accident. You must be found to be less than 50% at fault to receive damages.
Establishing negligence can help shift the comparative fault. Here are some of the reasons why a driver might be found 100% at fault in an accident:
- Speeding
- Driving under the influence of alcohol or drugs
- Failure to yield
- Improper lane change
- Reckless or careless driving
- Distracted driving
- Failure to obey traffic signals/signs
Call DiPiero Simmons McGinley & Bastress, PLLC for Help
At DiPiero Simmons McGinley & Bastress, PLLC, we make it a priority to help our clients feel at ease. We understand the stress that an accident can cause you and your family. You’ll find great relief knowing we’re fighting to get what you deserve. We’ll keep you informed every step of the way through the claims process, settlement negotiations, and trial preparation.
We pride ourselves on compassion for our clients and advocate for a fast, fair, and reasonable settlement. All of that support begins with the first free case evaluation. Call to schedule that talk today. Our Charleston, WV car accident lawyer is standing by.
