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Injured in a Car Accident in Huntington?

You don’t have to go through it alone. A dedicated Huntington car accident lawyer from Stewart Bell, PLLC, is here to help you every step of the way, fighting to secure the compensation you may need. Schedule your free consultation today.

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Your Car Accident Lawyer in Huntington, WV

If you’ve been injured in a car accident in Huntington, WV, you may be facing significant challenges—ranging from mounting medical bills to lost wages and emotional distress. Navigating the aftermath of a car accident can be overwhelming, especially when dealing with insurance companies and trying to understand your legal rights. That’s where an experienced Huntington car accident lawyer can help. At Stewart Bell, PLLC, we are dedicated to representing accident victims, helping to ensure you receive the compensation you may deserve for your injuries and losses. With extensive knowledge of West Virginia’s car accident laws, our team will guide you through every step of the legal process, advocating on your behalf to hold negligent parties accountable. Whether you need assistance in negotiating a settlement or taking your case to court, we are here to fight for your rights and help you recover.

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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 Recover After a Car Accident in Huntington

Car accident victims in Huntington may be entitled to various forms of compensation to help alleviate the financial, emotional, and physical burdens they face. Compensation is typically categorized into 3 types:

Economic damages are tangible, out-of-pocket expenses that result directly from the accident. These damages are meant to reimburse the victim for financial losses and can often be proven with bills, receipts, and other documentation. Examples of economic damages include:

  • Medical Expenses: This includes costs for emergency room visits, hospital stays, surgeries, physical therapy, medication, and any ongoing rehabilitation or treatment required due to the accident. It also covers future medical expenses if the injury requires long-term care.
  • Lost Wages: If your injuries prevent you from working, either temporarily or permanently, you may be entitled to compensation for lost wages. This includes the income you would have earned during recovery and, in cases of severe injury, future lost earning capacity if you are unable to return to your previous employment.
  • Property Damage: This typically includes the cost to repair or replace your vehicle, along with any personal items that were damaged or destroyed in the accident. It may also cover rental car expenses or alternative transportation while your vehicle is being repaired.
  • Out-of-Pocket Costs: Victims may also be compensated for incidental expenses such as transportation to medical appointments, hiring help for household chores, or modifications to the home if the injury results in disability.

Non-economic damages compensate victims for the less tangible effects of an accident, such as the emotional and psychological toll it takes. While these damages are harder to quantify, they are just as important in providing relief to victims of car accidents. Non-economic damages may include:

  • Pain and Suffering: This compensation addresses the physical pain, discomfort, and emotional distress caused by the accident and its aftermath. The severity of your injuries and the length of your recovery period often influence the amount awarded for pain and suffering.
  • Loss of Enjoyment of Life: If your injuries prevent you from engaging in hobbies, recreational activities, or everyday tasks that once brought you joy, you may be compensated for the loss of enjoyment of life. This includes an inability to participate in activities such as sports, travel, or time spent with family.
  • Emotional Distress: Serious accidents can lead to emotional trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues. Compensation for emotional distress is meant to address these psychological effects.
  • Loss of Consortium: In cases where the accident has affected a victim’s personal relationships, particularly with a spouse, damages may be awarded for loss of consortium.

In some cases, victims may be awarded punitive damages. Unlike economic and non-economic damages, which are intended to compensate the victim, punitive damages are designed to punish the at-fault party for particularly reckless or egregious behavior. They also serve to deter others from engaging in similar conduct.

In West Virginia, punitive damages may be awarded if the at-fault party’s actions demonstrated gross negligence, intentional misconduct, or a willful disregard for the safety of others. These damages are not awarded in every case and are typically reserved for situations involving drunk driving, excessive speeding, or other forms of extreme recklessness. West Virginia law caps punitive damages at 4 times the amount of compensatory damages or $500,000, whichever is greater.

Recovering compensation after a car accident in Huntington can be complex, especially when dealing with insurance companies or trying to prove fault. An experienced Huntington car accident attorney can help you gather the necessary evidence, calculate the full extent of your damages, and negotiate a fair settlement on your behalf. Contact Stewart Bell, PLLC, today for a free consultation, and let us help you pursue the maximum compensation available.

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West Virginia Car Accident Laws

If you’ve been injured in a car accident in Huntington, understanding the relevant West Virginia laws can help you build a strong claim and recover compensation. The state’s legal framework determines how fault is established, what damages you can claim, and the time limits for filing a lawsuit. Below are some of the most important laws to be aware of if you’re pursuing a car accident claim in West Virginia.

Establishing Fault

West Virginia follows a fault-based system, meaning that the driver responsible for the accident is liable for covering the damages. Establishing fault is a key part of any car accident case, as it determines who will be held financially accountable for the injuries and property damage. Evidence such as police reports, witness statements, and expert accident reconstruction are commonly used to prove fault. It’s essential to gather as much documentation as possible to build a strong case.

Modified Comparative Negligence

West Virginia applies the modified comparative negligence rule, which allows you to recover damages even if you share some degree of fault in the accident, provided your fault is less than 50%. However, the amount of compensation you can receive will be reduced by the percentage of fault attributed to you. For example, if you were found to be 20% at fault for the accident, your total compensation would be reduced by 20%. This rule makes it important to minimize the degree of fault assigned to you to maximize your recovery.

Deadline to File a Claim

The statute of limitations for car accident claims in West Virginia is 2 years from the date of the accident. This means that if you do not file a claim within this period, you may lose your right to pursue compensation altogether. While 2 years might seem like a long time, gathering evidence, dealing with insurance companies, and recovering from injuries can consume much of this time, so it’s important to act quickly and consult with an attorney early in the process.

These West Virginia car accident laws play a major role in determining the outcome of your case. A Huntington car accident lawyer can help you navigate these laws, prove fault, and ensure that you meet all legal deadlines to protect your right to compensation.

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Common Car Accident Causes & Injuries

Car accidents in Huntington can happen for a variety of reasons, many of which involve driver error or hazardous road conditions. Understanding the common causes of these accidents can help identify who may be at fault and how to prevent future accidents. Likewise, knowing the types of injuries that frequently result from car crashes can give you a clearer picture of the compensation you may be entitled to for medical treatment, rehabilitation, and other related costs.

Common Causes of Car Accidents

Accidents can happen for a multitude of reasons, but some causes that are more common in Huntington include:

  • Distracted Driving: Using a phone, eating, or adjusting the radio takes the driver’s attention off the road, leading to accidents. Distracted driving is one of the leading causes of car accidents nationwide.
  • Speeding: Exceeding the speed limit reduces reaction time and increases the severity of collisions, often leading to more serious injuries.
  • Drunk Driving: Driving under the influence of alcohol or drugs impairs judgment, reaction times, and motor skills, making drunk drivers a significant danger to others on the road.
  • Reckless Driving: Aggressive behaviors like tailgating, running red lights, or changing lanes without signaling can lead to dangerous accidents.
  • Inclement Weather: Rain, snow, or fog can create hazardous driving conditions, reducing visibility and making roads slippery. Drivers who fail to adjust their speed or actions for weather conditions may be held liable for accidents.

Common Injuries in Car Accidents

The injuries sustained in car accidents vary widely based on the severity of the crash, but some are more frequently seen in accident victims:

  • Whiplash: A common injury in rear-end collisions, whiplash occurs when the neck is suddenly jolted back and forth, leading to soft tissue damage.
  • Broken Bones: Fractures can occur in almost any part of the body during a collision, particularly in the arms, legs, and ribs.
  • Traumatic Brain Injuries (TBI): A serious head injury, such as a concussion or a more severe brain injury, can result from hitting your head during the crash. TBIs can cause long-term cognitive, emotional, and physical challenges.
  • Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, requiring extensive medical treatment and rehabilitation.
  • Internal Organ Damage: The force of a car accident can cause trauma to internal organs such as the lungs, liver, or spleen, which may require emergency surgery and long-term care.

Recognizing the common causes and injuries associated with car accidents can help victims understand the full scope of their situation. Seek medical treatment immediately after a crash, even if injuries aren’t immediately apparent, as some, like whiplash or internal damage, can manifest later. If you’ve been injured in a car accident, a car accident lawyer in Huntington can help you pursue compensation for your injuries. Get your free case review today.

What To Do After a Huntington Car Accident

After a car accident, act quickly and carefully to protect your health, rights, and potential legal claim. Following these steps will help ensure you have the necessary information for a future insurance claim or legal case.

  1. Check for Injuries: Ensure everyone’s safety by checking yourself and others for injuries. If anyone is seriously hurt, call 911 immediately to request emergency medical assistance. Even if injuries seem minor, it’s always better to err on the side of caution and have first responders assess the situation.
  2. Gather Evidence: Take photos of the accident scene, including the vehicles, visible injuries, and any property damage. Be sure to capture multiple angles and note details such as skid marks or road conditions, as this evidence can help establish fault later.
  3. File a Police Report: Call local law enforcement to the scene and file a police report. Make sure to obtain a copy of the report, as it serves as an official record of the accident, which can be valuable when dealing with insurance companies or in court.
  4. Exchange Information: Get the contact details, driver’s license number, insurance information, and license plate number from the other driver. If there are any witnesses, be sure to collect their contact information as well, as their testimony could support your case.
  5. Seek Medical Attention: Even if you don’t feel hurt immediately after the accident, some injuries may take hours or days to become apparent, such as whiplash or internal injuries. Visit a healthcare provider as soon as possible for a thorough check-up and keep records of all medical evaluations and treatments.
  6. Contact a Lawyer: Speak to a qualified Huntington car accident lawyer to protect your rights and explore your legal options. An attorney can help guide you through the claims process, deal with insurance companies, and help ensure that you seek the full compensation you may deserve for your injuries and losses.

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Car Accident Lawyer FAQs

The timeline for a car accident case can vary greatly depending on factors such as the severity of your injuries, the complexity of your case, and whether a settlement can be reached or if the case goes to trial. Many cases are resolved within a few months to a year through negotiations, but more complicated cases may take longer if they involve extensive investigations or court proceedings. Your attorney will work to expedite the process while seeking the full compensation available.

West Virginia law requires drivers to carry uninsured/underinsured motorist coverage. If the at-fault driver doesn’t have sufficient insurance, your own uninsured/underinsured policy should cover your damages. This coverage helps pay for medical expenses, property damage, and other costs when the other driver lacks adequate insurance.

Many car accident cases are resolved through negotiations and settlements with insurance companies without going to court. However, if a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit and taking the case to trial to seek the compensation you may deserve.

If the insurance company offers you a settlement, it’s important not to accept it immediately. Insurance companies often offer low initial settlements in an attempt to resolve the claim quickly and minimize their payout. Before agreeing to any offer, consult with an attorney who can review the settlement and determine whether it fully covers your medical bills, lost wages, property damage, and other losses. Your attorney can negotiate for a fairer amount if the offer is too low and help ensure you’re not left with uncovered expenses later on.

At Stewart Bell, PLLC, our car accident lawyers work on a contingency fee basis, meaning you only pay if we win compensation for you. This arrangement allows you to seek legal representation without upfront costs.

Our Huntington Car Accident Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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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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Benefits of Working With a Car Accident Attorney

When you’re dealing with the aftermath of a car accident, having a knowledgeable attorney on your side can make all the difference in helping ensure that your rights are protected and that you receive full and fair compensation. At Stewart Bell, PLLC, our car accident attorneys offer numerous benefits to help you through this challenging time.

  • Skilled Legal Guidance: Our attorneys can navigate the complexities of West Virginia’s car accident laws, ensuring that your case is built on a solid legal foundation. We will help you understand your rights and the legal options available, giving you peace of mind throughout the claims process.
  • Negotiating with Insurance Companies: Insurance companies often try to minimize the amount they pay to accident victims. A lawyer can handle all communication with the insurer and negotiate on your behalf to seek a fair settlement that fully accounts for your medical expenses, lost wages, and property damage.
  • Representation in Court: If a settlement cannot be reached, our experienced attorneys can represent you in court to fight for your rights. They will gather evidence, present a compelling case, and advocate for the compensation you may deserve, ensuring that you’re not taken advantage of by the other side.
  • Maximized Compensation: Our car accident attorneys work to ensure that all damages are accounted for, including long-term medical costs, lost future earnings, and pain and suffering. We will thoroughly evaluate your case to ensure that you pursue the maximum compensation available, leaving no potential source of recovery overlooked.

At Stewart Bell, PLLC, we are dedicated to helping car accident victims receive justice and compensation. By working with our skilled legal team, you can focus on your recovery while we handle the legal aspects of your case. Reach out to a Huntington car accident attorney today for a free consultation and let us fight for you.

Speak To a Huntington Car Accident Lawyer For Free

If you’ve been injured in a car accident, don’t navigate the aftermath alone. At Stewart Bell, PLLC, we offer free consultations to help you understand your legal options and determine the best course of action. A Huntington car accident lawyer is ready to listen to your story, answer your questions, and fight for the compensation you may deserve. Contact us today to schedule your free consultation and take the first step toward recovery.

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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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