What Compensation Can I Recover After a Car Accident in West Virginia?

Insurance is something that you hope you never have to use, but if you do, you’re glad it’s there. Nowhere is that clearer than in the aftermath of a car accident. If your garage door dents your hood or your windshield is cracked by a pebble on the road, you’re thankful you can file a claim so that those repairs won’t come out of your pocket.

In a more serious accident, you could be on the hook for a lot more damages unless another driver’s negligence caused that accident. In that case, you’ll still be filing an insurance claim; it just might not be with your insurance.

Determining the full scope of the compensation you’re entitled to in an accident caused by another driver’s negligence can make all the difference between wiping out your savings and securing your finances. Having a strong Charleston car accident attorney can make a real difference in what you recover.

Economic Damages: What the Receipts Show

The best way to think of economic damages is any expense that an actual receipt, invoice, or bill can back up. This is how that breaks down:

• Initial Medical Expenses: These expenses cover the first trip to the ER, diagnostic tests, surgery, hospitalization, medication and medical supplies.
• Future Medical Expenses: These cover ongoing care such as physical therapy, follow-up examinations and prescriptions.
• Lost Income: If you miss work as you recover, you’re entitled to be reimbursed for your lost wages.
• Future Earning Capacity: With serious injuries, you might be prevented from returning to your job or forced to take a job at a lower pay that might have reduced hours. You can be compensated for your losses to your earning capacity.

Noneconomic Damages: What They Can’t Invoice

Not every loss comes with a receipt. There are certain categories of damages considered to be noneconomic. In West Virginia, there are no caps on the amount of noneconomic damages you can recover in car accident claims, including the following:

• Physical Pain and Suffering: This is compensation for acute and chronic physical discomfort you experience. For instance, an injury that keeps you awake at night or in pain while watching TV would be considered pain and suffering.
• Mental Anguish and Emotional Distress: The accident recovery journey can trigger feelings of fear, anxiety, depression, or trauma.
• Loss of Enjoyment of Life: Your injuries might prevent you from participating in hobbies, recreational activities, or daily routines.
• Loss of Consortium: This is compensation for the negative impact on marital companionship and intimacy.
• Disfigurement and Physical Impairment: You can receive compensation for permanent scarring, physical deformation, or loss of bodily functions.

Noneconomic damages are often calculated using an informal insurance adjusting shortcut called the multiplier method. The severity of your injury will be assigned a number from 1 to 5. That number will then be multiplied by the total of your economic damages.

 

Property Damage and Diminished Value Claims After a Crash

If your car is damaged in an accident, you’re entitled to seek compensation for repairs or replacement. The insurance adjuster will have the vehicle inspected to determine if it is still drivable.

If the repair costs exceed the value of the car, you’ll be given the actual cash value of the car at the time of the accident, depreciation included. Unless the accident happens within days of you buying the car, you won’t recover what you paid for the ride. If you are still paying a loan, the settlement amount will go directly to the loan company, and you’ll receive whatever is left after the loan is paid off.

You can also be compensated for your car’s diminished resale value if you decide to sell it after repairing it. This is a legitimate category of recovery in West Virginia third-party claims.

Punitive Damages and When They Apply to Your Case

In West Virginia, punitive damages are awarded in personal injury claims only if you prove by clear and convincing evidence that the defendant acted with actual malice or an outrageous indifference to safety. A prime example would be a drunk driver who causes an accident.

These awards are usually given out in a lawsuit. Under West Virginia code, punitive damages are capped at four times your economic and noneconomic damages or $500,000, whichever is higher.

The Impact of Modified Comparative Negligence on Your Payout

Shifting blame after an accident is a tactic insurance companies use to reduce their exposure. In other words, the less they pay out, the happier they will be. West Virginia’s modified comparative negligence law allows you to recover compensation but only if your share of fault is 50% or less. This can directly impact how much you recover. Your final settlement will be reduced by the percentage of fault.

The insurance adjuster will typically assign that blame. It is important to note that being assigned blame is not final. You can dispute that decision by providing compelling evidence that backs up your claim and engaging in strong negotiation. That is when the attorneys at Hendrickson & Long, PLLC can make a difference.

We have helped many West Virginia residents who have been the victims of car accidents. What might initially seem like a hopeless case could be reversed in your favor when you consider all the evidence. The best approach is to schedule a free consultation with our legal team to discuss what happened and determine the best way to move forward.