A woman stands outside her vehicle holding her neck and examining the damage to her blue car after a collision with a black car. Smoke is coming from the vehicles.

Injured in a Car Accident in Dunbar, West Virginia?

If you've been injured in a car accident that wasn’t your fault, you may qualify for damages. Our team at Stewart Bell, PLLC, has been representing victims throughout West Virginia for over 4 decades. Get a free case review with a skilled car accident lawyer in Dunbar today.

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Your Car Accident Lawyer in Dunbar, WV

When you’re involved in a car accident, the aftermath can be overwhelming and confusing, especially if you’re dealing with injuries, vehicle damage, and insurance claims. Having a dedicated car accident lawyer by your side can make all the difference. At Stewart Bell, PLLC, we understand the stress and uncertainty that come with experiencing an accident, and we are committed to guiding you through every step of the legal process. Our experienced team will work tirelessly to investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. With a dedicated Dunbar car accident lawyer in your corner, you can focus on your recovery while we handle the legal complexities of your case.

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We’ll Take Care of Everything

Getting help is easy. All you have to do is call us. We want you to focus on your recovery while we take care of everything else!

We’ll Fight for What You Deserve

With our law firm on your side, you can trust your case is in good hands. Our attorneys have years of experience battling insurance companies and will fight for every penny you deserve for your injuries!

You Don’t Pay Unless We Win

Don’t think you can afford a lawyer? Our firm works on a contingency-fee basis, meaning you won’t have to pay us anything unless we win for you!

Compensation You Can Receive After a Car Accident in Dunbar

West Virginia law recognizes the impact that car accidents can have on your life and provides avenues for victims to seek compensation. The compensation available generally falls into three categories: economic, non-economic, and punitive damages.

Economic damages are intended to compensate you for the direct financial losses that result from your car accident. These damages are quantifiable and can be supported by documentation such as bills, receipts, and pay stubs. Economic damages may include:

  • Medical Expenses: This includes all medical costs related to the accident, both immediate and long-term. You can claim compensation for emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and any future medical care you may require due to your injuries. For example, if you need ongoing rehabilitation or specialized care, these costs should be factored into your claim.
  • Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost. This includes not only the wages you missed out on while recovering but also the loss of future earning capacity if your injuries result in long-term or permanent disability. For instance, if you were forced to take a lower-paying job due to your injuries, the difference in income could be included in your claim.
  • Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the accident is covered under economic damages. This can also include rental car expenses while your vehicle is being repaired or replaced.

Non-economic damages are more subjective and cover intangible losses. These damages are harder to quantify but are equally important in compensating you for your suffering. Non-economic damages may include:

  • Pain and Suffering: This compensation is for the physical pain and emotional distress you’ve endured due to the accident. It accounts for the impact on your quality of life, including chronic pain, depression, anxiety, and any other emotional or psychological effects. For example, if you’ve developed PTSD after the accident, this would fall under pain and suffering.
  • Loss of Consortium: If your injuries have negatively affected your relationship with your spouse, such as the loss of companionship or affection, you may be entitled to compensation for loss of consortium. This is particularly relevant in cases where the injuries have led to a significant change in the dynamics of your marriage or partnership.
  • Emotional Distress: In some cases, victims may claim compensation for emotional distress, which covers the psychological impact of the accident. This can include conditions like anxiety, depression, and other mental health issues that arise as a result of the trauma experienced during and after the accident.

Punitive damages are less common and are awarded not to compensate you for your losses but to punish the at-fault party for particularly egregious or reckless behavior. In West Virginia, punitive damages are typically awarded in cases where the defendant’s actions were intentional, malicious, or grossly negligent. However, West Virginia law imposes a cap on punitive damages, limiting them to either 4 times the amount of compensatory damages or $500,000, whichever amount is greater.

 

Whether you’re dealing with mounting medical bills, lost wages, or the emotional aftermath of the accident, securing fair compensation can help you rebuild your life. At Stewart Bell, PLLC, we are committed to fighting for your rights and helping to ensure that you are fully compensated for all your losses, so you can focus on your recovery and moving forward. If you’ve been involved in a car accident, contact our car accident lawyers today to see what your case may be worth.

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Relevant West Virginia Car Accident Laws

Navigating the legal system after a car accident can be daunting. West Virginia has specific legal principles that govern car accident cases, including how fault is determined, how damages are calculated, and the deadlines for filing a lawsuit. Being familiar with these laws will help you make informed decisions and help ensure that you pursue your claim effectively. Here are some of the key legal principles you need to know:

Determining Fault

West Virginia follows an “at-fault” system, meaning the driver responsible for the accident is liable for the damages. Establishing fault is a critical step in pursuing a successful claim. Evidence such as police reports, eyewitness testimony, and expert analysis is often used to determine who was at fault.

Modified Comparative Negligence

West Virginia adheres to a modified comparative negligence rule. Under West Virginia Code §55-7-13a, you can recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

Proving negligence involves showing that the other driver owed you a duty of care, breached that duty, and directly caused your injuries. Evidence like traffic camera footage, accident reconstruction, and expert witness testimony can help prove negligence.

Statute of Limitations

The statute of limitations for car accident claims in West Virginia is generally 2 years from the date of the accident. This means you have 2 years to file a lawsuit seeking compensation for your injuries or property damage. Failing to file within this period could result in your claim being barred.

Common Car Accident Causes

Car accidents can occur in an instant, often with devastating consequences. In Dunbar, several factors frequently contribute to car accidents, ranging from driver behavior to environmental conditions. Here are some of the most common causes of car accidents in the area:

  • Distracted Driving: Texting, talking on the phone, or other distractions can lead to accidents.
  • Speeding: Exceeding the speed limit is a common cause of serious accidents.
  • Driving Under the Influence: Alcohol and drug impairment are major factors in many crashes.
  • Reckless Driving: Aggressive driving behaviors, such as tailgating or improper lane changes, contribute to accidents.
  • Weather Conditions: Rain, snow, and fog can create hazardous driving conditions.

Common Car Crash Injuries

Car accidents can cause a wide variety of injuries, ranging from minor to severe. It’s important to recognize these potential injuries so you can seek the appropriate medical care and legal support. Some of the most common injuries include:

  • Whiplash: A neck injury caused by the sudden jerking motion of the head.
  • Fractures: Broken bones can occur from the impact of the collision.
  • Head Injuries: Concussions and traumatic brain injuries (TBI) are common in serious accidents.
  • Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis.
  • Internal Injuries: Damage to internal organs may require emergency surgery.

If you’ve suffered any of these injuries in a car accident, seek immediate medical attention and document your injuries thoroughly. Additionally, contacting an experienced Dunbar car accident attorney can help ensure that you receive the compensation you may deserve to cover medical expenses, lost wages, and other damages. Don’t wait—reach out to us today to discuss your case and learn more about how we can help you through this challenging time.

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Steps To Follow After a Car Accident

Being involved in a car accident can be a traumatic experience, but knowing what to do immediately afterward can make a significant difference in protecting your rights. By following these steps, you can help secure your safety and gather the necessary evidence to support your claim:

  • Ensure Safety: Move to a safe location and check for injuries. If possible, pull over to the side of the road to avoid further danger and assess yourself and any passengers for injuries. Safety is alway the first priority.
  • Call 911: Report the accident to the police and request medical assistance if needed. A police report will document the incident, and emergency responders can provide necessary medical care on the spot.
  • Exchange Information: Collect contact and insurance information from the other driver. Be sure to get their name, phone number, address, driver’s license number, and insurance details.
  • Document the Scene: Take photos and videos of the accident scene, vehicle damage, and injuries. Visual evidence can be valuable when it comes to proving fault and the extent of the damages in your case.
  • Seek Medical Attention: Even if you feel fine, get a medical evaluation to rule out hidden injuries. Some injuries, like whiplash or internal damage, may not show symptoms immediately but can become serious if left untreated.
  • Contact a Lawyer: Speak with a car accident lawyer to discuss your legal options. An experienced attorney can guide you through the process, help you understand your rights, and help ensure that you receive full and fair compensation.

Car Accident Lawyer FAQs

In West Virginia, you generally have 2 years from the date of the accident to file a personal injury or property damage lawsuit. It’s crucial to file within this time frame to avoid having your claim barred.

If the at-fault driver is uninsured or underinsured, you may still be able to recover damages through your own insurance policy’s uninsured/underinsured motorist coverage. It’s advisable to consult with a lawyer to explore all available options for compensation.

Yes, under West Virginia’s modified comparative negligence rule, you can recover damages as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault.

Not necessarily. Many car accident claims are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your lawyer may advise taking the case to court to secure the compensation you may deserve.

The value of your car accident case depends on several factors, including the severity of your injuries, the extent of property damage, medical expenses, lost wages, and other impacts on your life. An experienced attorney can help evaluate your case and estimate its worth.

The timeline for resolving a car accident claim varies depending on the complexity of the case, the severity of injuries, and whether the case goes to court. Some cases are settled in a few months, while others may take a year or more. Your lawyer can provide a more specific estimate based on the details of your case.

Our car accident lawyers work on a contingency fee basis, which means that you do not pay us unless you win your case. Typically, the lawyer’s fee is a percentage of the settlement or court award you receive.

Our Dunbar Car Accident Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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Personal Injury Lawyer Harry Bell

Attorney Harry F. Bell, Jr. – Of Counsel

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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Advantages of Hiring a Lawyer for Your Car Accident Case

Hiring a car accident lawyer can significantly impact the outcome of your case by providing you with the legal support and knowledge needed to navigate the complexities of your claim. Here are some key advantages of having a lawyer on your side:

  • In-Depth Legal Knowledge: A lawyer has a thorough understanding of the laws and regulations that apply to car accident cases. This knowledge allows them to identify the best legal strategies for your situation, ensuring that all relevant laws and precedents are considered when building your case. They can also interpret the fine print of insurance policies and other legal documents, helping you avoid pitfalls that could weaken your claim.
  • Skilled Negotiation: Dealing with insurance companies can be challenging, as they often aim to minimize payouts. Lawyers are skilled negotiators who understand the tactics insurance adjusters use and can counter them effectively. They work to secure a settlement that fully compensates you for your medical bills, lost wages, pain and suffering, and other damages. By negotiating on your behalf, a lawyer can often achieve a higher settlement than you might secure on your own.
  • Comprehensive Evidence Gathering: Building a strong case requires gathering and preserving evidence that supports your claim. A lawyer can access resources and experts that may not be available to you, such as accident reconstruction specialists, medical professionals, and investigators. They will ensure that crucial evidence, such as photographs of the scene, witness statements, and medical records, is collected and properly documented to strengthen your case.
  • Strategic Legal Representation: If your case cannot be resolved through a settlement and goes to trial, having a lawyer represent you in court is invaluable. They will present your case effectively, cross-examine witnesses, and argue on your behalf to the judge and jury. A lawyer’s ability to craft compelling legal arguments and present evidence persuasively can make a significant difference in the outcome of your case.
  • Reducing Stress and Confusion: The legal process can be overwhelming, especially when you are dealing with injuries and recovery. A lawyer takes on the burden of managing your case, allowing you to focus on your health and well-being. They handle all the legal paperwork, communications, and deadlines, ensuring that your case proceeds smoothly and efficiently.
  • Maximizing Your Compensation: A lawyer’s primary goal is to secure the maximum compensation available for your case. They will thoroughly assess the full extent of your damages, including long-term medical care, loss of future earnings, and the emotional impact of the accident. By accurately calculating and advocating for these damages, a lawyer can help you achieve a fair and comprehensive settlement or award.

Working with a lawyer on your car accident case not only improves your chances of a favorable outcome but also provides peace of mind, knowing that your legal rights are being protected and pursued with diligence. If you’ve been involved in a car accident, consulting with an experienced attorney can be a vital step toward securing the compensation and justice you may deserve.

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Contact an Experienced Dunbar Car Accident Lawyer Today

If you’ve been injured in a car accident, don’t face the challenges ahead alone. At Stewart Bell, PLLC, our Dunbar car accident lawyers are ready to fight for your rights and help you secure the compensation you need to move forward. Our attorneys have decades of experience successfully handling personal injury cases in Dunbar. We offer personalized legal guidance tailored to your unique situation, and our dedicated team is here to support you every step of the way. Contact us today for a free consultation, and let us help you get the justice you may deserve.

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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