Car Accident Attorney in Wheeling, West Virginia
If you or a loved one has been harmed in an automobile accident that happened as a consequence of another’s carelessness, you may be able to file a personal injury lawsuit in West Virginia and get compensation for your losses. We at Ghaphery Law Offices, PLLC think that every motorist has the obligation and duty to pay close attention to the road and the other cars in his or her immediate vicinity when driving. There is simply no space for reckless driving in our society. Let our West Virginia personal injury lawyer help you with your personal injury cases.
In West Virginia, what is the statute of limitations for car accidents?
All states enforce deadlines to restrict the amount of time that may elapse between the filing of a civil claim and the filing of the lawsuit. Those time limits are referred to as “statute of limitations” in legal terms. The purpose of statutes of limitations is to ensure that claims are fairly balanced between both parties, primarily for the benefit of defendants. The absence of a statute of limitations on filing means that a claimant might potentially wait decades before submitting their claim, essentially guaranteeing that any relevant evidence the defendant may be able to use in his or her defense would have vanished or been forgotten.
Plaintiffs are encouraged to come forward with their claims and demands as soon as possible by imposing a hard time limit on their submissions. If you’re bringing a vehicle accident case in West Virginia, you have two years from the date of your injuries and/or property damage to file your claim (Code Section 55-2-12). In most cases, you have two years from the date of your vehicle accident or the date you become aware of your injuries to file a claim. Plaintiffs have two years from the date of the incident to bring personal injury and property damage claims, and they have two years from the date of the death to file a wrongful death claim, according to West Virginia Code.
The fact that some accident victims discover their injuries after the date of the incident is attributable to adrenaline concealing the pain or delayed symptoms in certain cases. In the case of head, neck, and back injuries, delayed symptoms are prevalent. After then, the clock will begin to run from the date of discovery, or from the date by which the claimant reasonably should have realized that they had been injured. As soon as you learn that you have been harmed in the collision, you should consider seeking legal advice from a car accident attorney if you have the right to bring a lawsuit.
Exceptions from the general rule
The West Virginia courts have the authority to interpret legislation in a variety of ways as they see fit. In some instances, the courts may provide exceptions to the application of conventional statutes of limitations.
Exceptions to this rule include circumstances when a plaintiff does not recognize the extent of his or her injuries until later, and where a plaintiff fails to file a claim within the prescribed period. The most typical justifications for granting time limit exceptions are for handicapped plaintiffs and plaintiffs who are juveniles, both of whom are represented by attorneys.
Courts can extend the statute of limitations for a plaintiff who has a physical or mental condition that prevents them from filing their lawsuit in a timely way. When a plaintiff declares bankruptcy, the courts may grant a stay of proceedings until the claimant can submit a formal complaint again.
If the vehicle accident victim (or surviving loved one in a wrongful death lawsuit) is a minor kid under the age of 18, the West Virginia courts may grant an extension of time until the child reaches the age of majority. Discuss your case with one of our automobile accident lawyers to determine when you must file your lawsuit.
Approximately how much can you expect to receive from a West Virginia auto accident settlement?
The basic response is that every vehicle accident claim is unique, and settlements may vary anywhere from a few hundred dollars to tens of thousands of thousands of dollars.
Having said that, normal vehicle accident settlements in West Virginia often range between two and five times the amount of your specific damages, which include both past and future medical expenditures, depending on the circumstances. If you attempt to handle your vehicle accident case on your own without the assistance of an experienced car accident attorney, the likelihood of success is considerably reduced.
You may also require the assistance of a medical expert if your injuries do not heal completely from injury accidents within one to two months. A medical expert can help you quantify the future impact your injuries will have on your job, as well as how much your medical bills will cost you throughout your lifetime.
There are several more ways in which a car accident attorney may assist you in maximizing the value of your claim. Our experience and independent research have shown that vehicle accident victims who suffered bodily injury are represented by an experienced personal injury attorney often obtaining much more compensation than those who do not. And this is without taking into consideration any attorney’s expenses.
What kind of compensatory damages is available if you have been injured in an automobile accident in West Virginia?
Following vehicle accidents in West Virginia, you may be eligible to claim compensation for a variety of types of damages under the state’s personal injury statutes. Having knowledgeable West Virginia automobile accident attorneys on your side, such as those at Ghaphery Law Firm, may also make a significant difference in the amount of compensation you get.
For example, determining how your vehicle accident-related injuries and losses due to careless driving may affect you in the future and might have a significant influence on the amount of compensation you get. Future losses and injuries are referred to as future damages, and they are frequently difficult to prove without the assistance of an experienced personal injury attorney.
Injured in a car accident? Seek legal help from Ghaphery Law Offices’ auto accident attorney.
An automobile accident may be very stressful, and the last thing you need is the added stress of having to deal with the insurance company. Allow our personal injury lawyer to deal with the car accident case on your behalf. Since we have decades of expertise assisting car accident victims, we are well-versed in the strategies used by insurance companies to decrease or reject your car accident injury claim. Because of our track record of success in handling a personal injury claim, the insurance companies are familiar with us and understand that we will not allow them to push our customers about.
We will fight for you! For a free consultation, call (304) 230-6500 or fill out our form.