Car accidents can change a person’s life in an instant. When you’ve been injured in a car wreck, everything takes a back seat while you receive medical treatment for your injuries. You may be concerned about how you will pay your medical bills, especially after taking time off of work to recover. Working with a personal injury attorney can help you protect yourself and obtain the compensation you deserve.
Contact a Car Accident Attorney in Fayetteville, Virginia
After becoming injured in a West Virginia auto accident, you will need to focus on healing and making a full recovery. Dealing with the insurance company or worrying about a legal claim may seem overwhelming. When you work with Hewitt & Salvatore PLLC, you can rest assured that one of our car accident attorneys will handle all aspects of your case so you can focus on your recovery. We’ve successfully represented many auto accident and car wreck victims just like you throughout Summers County, Fayette County, Raleigh County, Kanawha County, Fayetteville, Beckley, and West Virginia. Contact Hewitt & Salvatore PLLC today to schedule your free initial consultation.
Negotiating a Fair Insurance Settlement
There are two main ways for victims of auto accidents and car wrecks to recover compensation for their injuries. First, auto accident victims can pursue an insurance claim with the at-fault driver’s insurance company. The second way to obtain compensation is through a personal injury lawsuit in civil court. If you want to pursue an insurance settlement, it’s beneficial to work with an attorney who can represent your best interests. Insurance companies are for-profit businesses. The insurance adjuster who receives your claim will probably make a settlement offer that is far too low. Insurance adjusters know that car accident victims have mounting medical bills.
Insurance adjusters hope that victims will quickly accept the first offer because they need to pay their bills instead of negotiating for the total amount they deserve. Insurance adjusters are more likely to make fair offers when an attorney represents the victim. At Hewitt & Salvatore PLLC, we have extensive experience negotiating aggressively with auto insurance companies, pushing them to increase their settlement offers to an amount that makes our clients happy and meets their needs.
Filing a Personal Injury Lawsuit After a West Virginia Car Wreck
If the at-fault driver’s insurance company fails to offer you a fair settlement amount, you may need to file a personal injury lawsuit and take the case to civil court. In other cases, the at-fault driver may not have insurance. Other third parties may be liable for your injuries, making a personal injury lawsuit necessary. After carefully evaluating your case and determining who is financially liable for your injuries, you and your attorney may decide that bringing a lawsuit against the defendant or defendants is your best option.
The attorneys at Hewitt & Salvatore PLLC have extensive courtroom experience. We are prepared to litigate your case in court while attempting to settle your case out of court for a fair amount. If your case proceeds to trial, our team will litigate the facts of your case in front of a judge or jury. In many cases, the defendant will call for mediation or try to settle the case out of court to save time and money. Our attorneys know how to stand our ground and continue advocating for clients while putting pressure on the defendant to make an acceptable offer.
Proving Liability in a West Virginia Car Accident
Before an insurance company, judge, or jury will settle or award you damages, you will need to show that the at-fault party acted negligently and caused your injuries. First, you’ll need to show that the defendant owed you a duty to act reasonably under the circumstances to prevent you from being injured. All drivers owe everyone else on the road a duty to drive reasonably under the circumstances.
Next, you’ll need to show that the defendant violated or breached this duty with their actions or failure to act. For example, when a driver is texting while driving or driving while intoxicated, they are breaching their duty to drive reasonably under the circumstances. You will need to show that the defendant’s breach of duty caused the car wreck that resulted in your injuries. Finally, you will need to show that the car accident caused you physical, financial, and emotional damages for which you will demand compensation.
Recovering Compensation for Your Losses
If you have been injured in a car accident due to the negligent actions of another, you have a right to be compensated for your injuries and losses. West Virginia car accident victims have a right to pursue economic and non-economic damages from the at-fault party. Economic damages include easily quantifiable expenses, such as your current and future medical bills and property damage. Non-economic damages include the pain and suffering you’ve endured as a result of the accident. Your covered damages include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium
These types of damages include a wide range of expenses and things you have endured because of a car accident. For example, you may have been forced to give up a beloved hobby as a result of your injuries. You may be seeking counseling or other therapy to help you cope with the trauma of the accident or the feelings that can come with being seriously injured. These are all damages and you have a right to be compensated for them. The attorneys at Hewitt & Salvatore PLLC can help you accurately calculate all of the damages you’ve suffered from your car accident so we can fight to obtain a fair settlement or verdict in your case.
Discuss Your Fayetteville Auto Accident Case With an Attorney Today
If you’ve been involved in a car accident, you may be entitled to compensation through a personal injury lawsuit. Pursuing compensation can help you, and your loved ones pay your medical bills and ensure that you are cared for in the future. At Hewitt & Salvatore PLLC, our car accident attorneys Have a proven track record of obtaining millions of dollars in compensation for clients just like you. We offer free case evaluations so you can discuss your case and ask questions without being concerned about legal fees. Contact us today to schedule your free initial consultation.
Serving residents in Fayette County, Beckley County, Kanawha County, Raleigh County, Summers County, and all of West Virginia.