Common Injuries From Car and Auto Accidents
Injuries from a car crash vary widely depending on the speed of impact, the number of vehicles involved, and whether other factors like road debris played a role. Some of the most common injuries our clients experience include:
- Broken bones and fractures
- Whiplash and soft tissue injuries
- Traumatic brain injuries
- Cuts, lacerations, and puncture wounds
- Burns
- Internal bleeding or organ damage
- Spinal cord and back injuries
- Paralysis
The more thoroughly a lawyer for auto accident claims can document the severity of these injuries, the stronger the case becomes for full compensation. This is especially true for injuries with delayed symptoms, such as concussions or soft tissue damage that worsens over the days following a crash.
How Insurance Companies Try to Reduce Car Accident Claims
Many people assume an insurance company will simply review the facts and pay what is fair. In practice, insurers begin looking for ways to reduce a claim’s value almost immediately.
Recorded Statements
Adjusters often request a recorded statement early, while an injured person may still be in pain or unaware of the full extent of their injuries. Statements given too soon can later be used to downplay an injury or shift blame onto the victim.
Quick Settlement Offers
Insurers may offer a fast settlement before someone understands the true cost of future medical care, missed work, or ongoing treatment. Accepting an early offer can prevent an injured person from seeking more compensation later if complications develop.
Social Media and Pre-Existing Conditions
Insurance companies sometimes review social media accounts or argue that a pre-existing condition, not the crash itself, caused the injuries. These disputes are especially common in cases involving back injuries, brain injuries, or chronic pain.
Delayed Treatment Arguments
Adjusters may claim an injured person waited too long to seek treatment or skipped medical recommendations. In reality, many people try to keep working or managing family responsibilities before realizing how serious their injuries truly are, and delayed symptoms are common with soft tissue and brain injuries.
Experienced auto wreck lawyers know these tactics well and can communicate directly with insurers, preserve evidence, and help protect you from strategies designed to minimize a valid claim.
Compensation Available After a Car Accident
Compensation in a West Virginia auto accident case generally falls into two categories.
Economic Damages
Economic damages cover the financial losses tied directly to the crash, including emergency and ongoing medical treatment, physical therapy, prescription medications, rehabilitation, and property damage to your vehicle. They also include lost wages, lost bonuses, and reduced future earning capacity for injuries that limit your ability to work.
Non-Economic Damages
Non-economic damages address the personal toll a serious crash takes on your life, including physical pain, emotional distress, anxiety, loss of enjoyment of life, and, in fatal cases, a family’s loss of companionship. West Virginia does not place a cap on non-economic damages in most car accident cases.
A cap does apply in claims brought against a state or local government entity, and a separate cap applies specifically to medical malpractice claims, but a typical auto accident case is not subject to either limit.
Car accident lawyers who understand both categories of damages can help make sure nothing gets left out of a settlement or verdict, including losses that may not become apparent until months after the crash.
Comparative Fault and the Statute of Limitations
Two legal rules shape nearly every car accident claim in the state.
Modified Comparative Fault
West Virginia follows a modified comparative fault rule. An injured person can recover damages as long as they are found less than 50 percent at fault for the crash, though the total award is reduced by their assigned percentage of responsibility. For example, someone found 30 percent at fault could still recover 70 percent of their overall damages.
Two-Year Filing Deadline
Injured individuals generally have two years from the date of the crash to file a car accident claim under West Virginia’s statute of limitations. Missing this deadline typically means losing the right to pursue compensation altogether, which is why speaking with a West Virginia auto accident attorney as soon as possible helps protect your case.
