West Virginia Car Accident Lawyer

Car Accident Lawyer West Virginia

West Virginia Car Accident LawyerA West Virginia car accident lawyer understands just how overwhelming being injured in a car accident can be. Not only are there physical injuries to deal with, but there is often a significant financial impact, as well. Many car accident victims have to deal with medical expenses, loss of income if they are unable to work while they recover, and repair or replacement costs for their damaged vehicle. The good news is that these losses, as well as some others, may be able to be recovered in a car accident claim if the crash was another party’s fault.

If you have been injured in a car accident, you may be wondering how much financial compensation you may be entitled to. There are many factors that can affect that amount. A car accident lawyer from Hayhurst Law PLLC can evaluate your case and determine what type of damages you may be entitled to.

Recoverable Damages in a Car Accident Case

No amount of money will ever make up for the physical and emotional trauma that car crashes can cause, however, a successful outcome – either through an insurance settlement or jury award – can help a victim get their life back on track after suffering serious injuries. Some of the damages that a Fairfax car accident lawyer can recover on your behalf include:

  • Medical Expenses – If the car accident was caused by another party’s negligence, all past, present, and future medical expenses related to your injuries are recoverable. This includes emergency room care, hospitalizations, surgeries, physician appointments, rehabilitation, therapy, medications, medical equipment, and more.
  • Loss of income and benefits – Many victims suffer such serious injuries that they are unable to work as they are recovering. That lost income, as well as lost benefits they would have accrued, may be recoverable in their car accident claim. If they are left permanently disabled and unable to go back to their prior profession or work at all, this future income is also recoverable.
  • Pain and suffering – Although there is no actual dollar amount to how much pain and suffering the victim went through is worth, a car accident lawyer can use a specific formula to determine how much the victim is entitled to for the physical and mental anguish they went through because of the accident and their injuries.

West Virginia Car Accident Infographic

Recoverable Damages In A Car Accident Case Infographic

What Factors Are Used to Determine How Much a Car Accident Victim Deserves?

Although some losses have a specific dollar amount attached, there are other losses that are not as obviously calculated, such as pain and suffering mentioned above. Your car accident lawyer will use certain factors to formulate the amount you deserve:

  • How severe were your injuries? The more serious your injuries are/were, the more pain and suffering you likely dealt with.
  • How extensive was the medical treatment you required? Victims who required multiple surgeries, hospitalizations, rehab, etc., will likely be awarded higher damage amounts compared to a victim who had minor injuries.
  • Are you able to return to your job? If a victim’s injuries leaves them unable to do work as they did prior to the accident, this will have an impact on how much financial compensation they will be entitled to.

Contact a Personal Injury Attorney

If you have been injured in a car accident, call Hayhurst Law PLLC to schedule a free case evaluation with a dedicated West Virginia car accident lawyer and find out how our legal team can help you get the compensation you deserve.

Injuries You’re Likely to Suffer in a Car Accident

Car accidents can be a terrifying experience, and unfortunately, they often lead to serious injuries that need representation from a West Virginia car accident lawyer to cover the costs they incur. If you’re involved in a car accident, it’s important to understand the types of injuries you may suffer. Here are some of the most common injuries seen that a lawyer can represent. Learn more about them, and then contact a lawyer at Hayhurst Law PLLC for help.

Head and Neck

This trauma can range from minor concussions to more serious brain injuries and spinal cord damage. Injuries to the head and neck can include whiplash, traumatic brain injury, neck strains and sprains, and cervical spine fractures. Symptoms of these injuries include headaches, blurred vision, dizziness, loss of memory or concentration, stiffness in the neck and shoulders, and numbness or tingling. It’s important to take all head and neck injuries seriously and seek medical attention immediately.

Back and Spine

Car accidents can cause significant damage to the back and spine. It can be hard to immediately recognize a back or spine injury since these parts of the body are not as visible as other parts. Victims of car accidents are likely to suffer from bulging and herniated discs, fractured vertebrae, spinal cord injuries, and other back and neck injuries. These types of injuries can lead to numbness, pain, tingling, and even paralysis. If you feel any of these symptoms after a car accident, it is important to seek medical attention and contact a West Virginia car accident lawyer. With the help of a qualified professional, you can make sure that your rights are protected and you receive the compensation you deserve for your pain and suffering.

Broken Bones

Broken bones can be caused by anything from an airbag to a seatbelt. Depending on the type of accident, the force of impact can be strong enough to fracture the bone in multiple places. Depending on the severity, fractures can require surgery and weeks or months of physical therapy for recovery. It’s important to seek medical attention immediately if you’ve been involved in a car accident and are experiencing pain or numbness in any extremity as this could indicate a broken bone. Even minor fractures can be extremely painful and put you out of commission for some time, so it’s best to get checked out right away.

Internal Bleeding

Internal bleeding can occur in many places, including the brain, lungs, abdomen, and other organs. It is important to recognize the signs of internal bleeding, such as nausea, dizziness, fatigue, and chest pain. If these symptoms appear following an accident, you should seek medical attention immediately. Without proper treatment, internal bleeding can cause organ failure or even death. It is important to receive medical attention if you suspect that you have sustained any type of internal bleeding.

Psychological Trauma

A car accident can be a traumatic experience, both physically and mentally. Psychological trauma can cause a wide range of emotions, including fear, anxiety, depression, and even post-traumatic stress disorder (PTSD). The psychological trauma may be immediate or it may develop gradually over time as the individual processes the experience of the car accident. Those who suffer from psychological trauma often have difficulty adjusting to their normal life and activities, and may require ongoing therapy to work through the mental effects of the accident. It is important for victims of car accidents to seek help from a qualified mental health professional to ensure they are given the best chance of making a full recovery.

If you  have been in an accident and suffered an injury, contact a West Virginia car accident lawyer at Hayhurst Law PLLC for help.

Car Accident Infographic

Injuries Youre Likely To Suffer In A Car Accident Infographic

Help With The Legal Process

If you are in need of a West Virginia car accident lawyer who has experienced assisting clients who have suffered from car accidents, then look no further. Our team at Hayhurst Law PLLC has extensive knowledge in West Virginia’s laws and regulations related to car accidents, and we can help you navigate the legal process and ensure that you receive fair compensation for your losses. Car accidents are a sad reality of today’s world. They can result in serious injuries, property damage, and financial losses. In some cases, accidents can even lead to the loss of life. If you have been involved in a car accident, it’s important to seek the help of a lawyer as soon as possible.

Protecting Your Rights

One of the main reasons to hire a lawyer is to protect your legal rights. When you are involved in a car accident, there may be multiple parties involved, including other drivers, insurance companies, and even government agencies. It can be difficult to navigate the legal system and understand your rights and responsibilities in these situations. What we can do is inform you about your rights and see that they are protected every step of the way.

Negotiation With Insurance

Another reason to hire a lawyer is to help you negotiate with insurance companies. Insurance companies are often more concerned with their bottom line than with providing fair compensation to accident victims. We can work with insurance companies so that you receive fair compensation for your injuries, property damage, and other losses. We can help you initiate a lawsuit against the offending driver if necessary. If negotiations with insurance companies fail to result in fair compensation, you may need to file a lawsuit to recover your losses. We can help you file a lawsuit and represent you in court if necessary.

Motivating Opposing Parties

If you have been involved in a car accident, it is important to speak with our legal team as soon as possible. Our lawyers can help you protect your legal rights, negotiate with insurance companies, and file a lawsuit if necessary. By having support from a West Virginia car accident lawyer, you can feel better knowing just our intervention alone often motivates insurance companies and opposing parties to cooperate. We want to see you receive fair compensation for your losses and move forward with your life.

Ready For A Consultation?

Car accidents are a common occurrence in West Virginia, and they can result in serious injuries, property damage, and financial losses. If you have been involved in a car accident, it is important to seek the help of our law firm. A West Virginia car accident lawyer has the knowledge necessary to protect your legal rights, negotiate with insurance companies, and file a lawsuit if necessary. We hope if you are in need, that you reach out to us at Hayhurst Law PLLC for a consultation.

West Virginia Car Accident Lawyer FAQs

Being involved in a car accident is a life-altering event, and understanding your rights and the legal process with your West Virginia car accident lawyer is imperative for seeking compensation and recovering from your injuries. It’s also important to separate fact from fiction to ensure you make informed decisions. Below, we’ve debunked five common myths that car accident victims in West Virginia should be aware of when navigating the legal landscape. Learn more about these myths, and then contact Hayhurst Law PLLC for help.

What Is Contributory Negligence Barred Recovery?

One common myth is that if an accident victim is partially at fault for the accident, they are barred from recovering any compensation. However, West Virginia follows the modified comparative negligence rule. Under this rule, accident victims can still recover damages even if they are partially responsible for the accident, as long as their level of fault is not greater than 50%. In such cases, the compensation may be reduced proportionately to the victim’s percentage of fault.

Will Insurance Companies Offer Fair Compensation?

Another common misconception is that insurance companies will automatically offer fair compensation after a car accident. While insurance companies are obligated to investigate claims and provide reasonable compensation, they are profit-oriented entities. It’s important to remember that they may attempt to minimize their payouts. Seeking legal representation can help level the playing field and ensure you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.

Is Filing A Lawsuit Time-Limited?

Many car accident victims mistakenly believe that they have unlimited time to file a lawsuit. However, West Virginia has a statute of limitations that restricts the timeframe within which you can file a lawsuit for a car accident claim. In West Virginia, the general statute of limitations for personal injury claims, including car accidents, is two years from the date of the accident. Failing to file a lawsuit within this timeframe may result in the loss of your right to seek compensation.

Can Only Drivers File Claims?

Car accident victims who were passengers often believe that they have no rights to seek compensation. However, passengers injured in car accidents have the same rights as drivers to pursue claims for their injuries. Passengers can file claims against the at-fault driver, the driver of the vehicle they were in, or even multiple parties if necessary. It’s crucial for passengers to gather evidence, such as witness statements and medical records, to support their claim.

Does A Police Report Alone Determine Fault?

Many individuals assume that the police report alone determines fault in a car accident. While a police report can be an important piece of evidence, it is not the sole determinant of fault. Insurance companies and courts consider various factors, including witness statements, photographs, medical records, and expert opinions, when determining liability. It’s essential to gather as much evidence as possible and consult with an experienced West Virginia car accident lawyer who can advocate for your rights and help establish fault accurately.

You shouldn’t have to go through this aftermath alone, and a dedicated West Virginia car accident lawyer is available to guide you through the complicated steps ahead. Don’t hesitate to contact Hayhurst Law PLLC today if you are a car accident victim.

Understanding Medical Evidence for Car Accidents in West Virginia


Your West Virginia car accident lawyer from Hayhurst Law PLLC knows that medical evidence plays a vital role in car accident claims, especially when it comes to proving injuries and establishing the extent of damages. If you have been involved in a car accident in West Virginia, understanding what to do with medical evidence is crucial. Contact our office if you are ready to move forward with your claim.


Frequently Asked Questions

Why is medical evidence important in a car accident claim?

Medical evidence serves as crucial documentation of your injuries sustained in a car accident. It helps establish a direct link between the accident and your injuries, substantiating the extent and severity of your physical harm. This evidence can significantly impact the outcome of your claim, as it provides objective support for your medical expenses, ongoing treatment needs, and the overall impact of the accident on your life. 

What should I do immediately after a car accident to gather medical evidence? 

After a car accident, it is important to prioritize your health and safety. Seek immediate medical attention, even if you believe your injuries are minor. A medical professional can assess your condition, diagnose any underlying injuries, and provide necessary treatment. Be sure to follow your doctor’s instructions regarding further medical evaluations, diagnostic tests, and treatments. 

How can I ensure the preservation of medical evidence? 

To preserve medical evidence effectively, it is essential to be proactive. Keep all your medical records organized and make copies of each document for safekeeping. Additionally, retain all related bills, receipts, and invoices to demonstrate the financial impact of your medical treatment. It is advisable to maintain a detailed journal documenting your pain levels, symptoms, and the impact of your injuries on your daily life. 

Can I use my pre-existing medical conditions as evidence in a car accident claim? 

If you have pre-existing medical conditions that were aggravated or exacerbated by the car accident, you may still be eligible to claim compensation. It is crucial to disclose your pre-existing conditions to your West Virginia car accident lawyer and healthcare providers, as they can help establish the impact of the accident on your overall health. Medical records detailing the progression or worsening of your pre-existing conditions after the accident can provide valuable evidence to support your claim.

How can a lawyer help with utilizing medical evidence in a car accident claim? 

An experienced lawyer can play a crucial role in effectively utilizing medical evidence in your car accident claim. They have the knowledge and expertise to review your medical records, identify relevant evidence, and consult with medical experts if needed. 

Properly handling medical evidence is essential in car accident claims in West Virginia. The importance of medical evidence cannot be overstated, as it provides objective documentation of injuries, supports the extent of damages, and strengthens your claim for compensation. Give yourself the best opportunity to receive fair compensation. Reach out to Hayhurst Law PLLC to speak with our West Virginia car accident lawyer now. 


West Virginia Car Accident Laws

Navigating Through The Intricacies Of West Virginia Car Accident Law

Navigating the aftermath of a car accident can be daunting, and understanding the specific laws that guide the process in West Virginia becomes paramount. From reporting the accident to determining fault and claiming damages, a myriad of regulations shape the path victims and implicated parties must tread.

Understanding The Importance Of Timely Reporting

One of the key aspects to grasp in West Virginia car accident law is the importance of reporting. It’s essential to report any accident that results in injury, death, or property damage exceeding $500 to the local police, sheriff, or the West Virginia State Police. This action must be taken within the designated timeframe and ensuring that the incident is documented thoroughly can influence the outcome of any subsequent claims or legal proceedings.

Navigating The Nuances Of At-Fault Rules

West Virginia operates under the traditional “at-fault” system regarding vehicle accidents. Under this system, the person who is legally determined to be responsible for causing the accident (or their insurance company) is liable for any resulting harm or damage. West Virginia law allows the victims to pursue compensation by filing a claim with their own insurer, filing a claim directly with the at-fault driver’s insurer, or taking the matter to court to seek damages. Understanding the pathway to establish fault and traverse through the claiming process requires adept knowledge and, often, the guidance of a seasoned West Virginia car accident lawyer.

Diligently Adhering To The Statute Of Limitations

A crucial component of pursuing a claim with efficacy is adherence to the statute of limitations. In West Virginia, victims generally have two years from the date of the accident to initiate a lawsuit in the state’s civil court system. Missing this deadline typically equates to relinquishing the right to any legal recourse. It’s fundamental that those affected are acutely aware of this timeframe to ensure that they do not unintentionally forfeit their right to seek rightful compensation.

Appreciating The Impact Of Comparative Fault

West Virginia car accident law also recognizes the principle of “modified comparative fault.” This means that the compensation a victim can receive will be reduced by a percentage that is equal to their share of the blame for the accident. It’s critical to note that if you are found to be more than 50% at fault for the accident, you will be barred from recovering any damages. Thus, presenting a robust case that meticulously illustrates the fault distribution becomes intrinsic to safeguarding one’s interests.

Embarking On The Path Toward Resolution With Hayhurst Law Pllc

Car accidents not only bring about physical damage but also catapult victims into a complex legal journey. Partnering with an experienced West Virginia car accident lawyer is an essential step towards navigating through the nuanced, often intricate pathways that the state laws dictate. Hayhurst Law PLLC stands firm in its commitment to guide you through the layered aspects of West Virginia car accident law, ensuring that you are adeptly represented and your interests staunchly protected. With a foundation rooted deeply in expertise and a client-centric approach, we invite you to embark on the path towards resolution, ensuring your journey through legal proceedings is managed with utmost proficiency and a dedicated, empathetic approach.

Contact us today to explore how we can stand beside you, navigating through each step, advocating fiercely for your rights, and crafting a path that steers towards just and fair resolution.