Have you or a loved one been injured in a car accident in Charleston, West Virginia? You may be entitled to compensation. A Charleston, WV car accident lawyer at Mani Ellis & Layne Accident & Injury Lawyers can help you get compensation for medical bills, lost wages, and more. Call us for legal help at (304) 720-1000.
Our attorneys bring over 71 years of combined experience to the table. We have helped accident victims like you recover hundreds of millions of dollars in settlements and verdicts.
We’ve earned the trust of countless injured clients like you by taking a client-centric approach. To learn more about your legal options, contact our law offices in Charleston, West Virginia, for a free consultation today with our car accident attorneys.
How Can Mani Ellis & Layne Accident & Injury Lawyers Help Me Recover Compensation After a Crash in Charleston?
Many car accident victims have trouble getting the compensation they need after a car accident. At best, insurance companies often make injury victims jump through hoops to get the money they deserve. At worst, the insurance company may blame you for your own injuries or claim that you failed to take reasonable steps to mitigate damages.
It’s important to hire an experienced Charleston, WV personal injury attorney who can protect you.
Our team at Mani Ellis & Layne has been trusted to represent injured individuals throughout West Virginia. All of our attorneys have earned an AV-Preeminent rating, which is the highest rating provided by the prestigious Martindale Hubbell lawyer rating service. We’ve also been named by Super Lawyers multiple years running.
When you hire us, our car accident lawyers will:
- Make sure you understand all of your rights
- Develop a solid plan for recovering the maximum compensation possible
- Conduct an exhaustive investigation and gather any evidence to prove your case
- Determine who was at fault for the accident
- Defend against victim-blaming tactics
- Identify your damages and assess their case value
- Bring in respected experts who can prove complicated aspects of your case
- Negotiate aggressively to secure every dollar you are entitled to
- File a lawsuit if the insurance company refuses a fair settlement
We have a proven track record when it comes to successfully handling some of the most complex personal injury matters. We won’t give up until we have exhausted every option to obtain the most compensation possible in your case.
We know the stakes are high after a serious injury. Contact us to learn more about how we can help.
Why Should I Hire a Car Accident Lawyer After a Car Wreck?
While many hesitate to hire an attorney after a car accident, an experienced attorney can make a huge difference.
The problem is that insurance companies aren’t on your side. They’ll do whatever they can to avoid paying you a full settlement. Without a lawyer, you always risk taking a lowball settlement deal. It may take months to realize that your costs far exceed the amount of your settlement–and by that time, it’s too late.
An experienced lawyer can help you spot lowball settlement offers and reject them before it’s too late.
Your attorney can also:
- Identify the specific damages you’ve suffered
- Help you understand how much compensation you really deserve
- Bring in experts and collect evidence to prove your claim to the insurance company
There’s never any risk when you consult an attorney after a crash. Like most law firms in West Virginia, our team offers free consultations, and there is never any obligation. Just give us a call to schedule a free case review.
How Much Compensation Can I Recover By Filing a Car Accident Claim?
The amount you take home depends on many different factors. The severity of the injuries tends to dictate case values. Your lawyer’s experience and negotiating skills can also make a huge difference.
When our attorneys are assessing the value of your personal injury case, we will evaluate:
- Whether you are likely to make a full recovery or suffer a long-term disability
- Your financial costs for medical treatment, vehicle repairs, rehab, and more
- Your expected future losses for ongoing medical care and assistance
- Any loss of earnings during recovery
- Whether you’ll be able to return to the same kind of work after reaching maximum medical improvement
- How the injury will impact your future earnings
- Your emotional suffering and mental trauma
- The level of pain you’ve experienced
- Whether the insurance company can prove you were partially to blame
While the insurance company may be sympathetic, don’t count on them to calculate your case value. Remember that they are in it to make a profit. Contact an experienced lawyer who can protect your best interests instead.
How Long Do I Have to File a Personal Injury Lawsuit After a Car Accident in West Virginia?
In West Virginia, the statute of limitations in most car accident cases is two years. At most, you’ll have until the second anniversary of the date of the accident to file a lawsuit. If you wait longer, you give up the right to sue the at-fault individual for damages.
While there are exceptions, they’re rare. It’s always important to act quickly if you are involved in an accident. Your lawyer can start working to build your case even if you haven’t fully recovered.
What Types of Damages Can I Recover in a Car Accident Lawsuit?
A successful personal injury claim should compensate the victim for economic and non-economic damages.
Economic Damages
Economic damages are paid to compensate for the financial losses the crash causes.
Typical examples of the types of economic damages you can pursue include:
- Current medical bills
- Future medical expenses
- Lost wages and benefits during recovery
- Reduced earning potential and lost future career prospects
- Nursing care
- In-home assistance
- Medications and medical devices
- Rehabilitation and PT
- Vehicle repair costs
- Other types of property damage
Non-Economic Damages
Non-economic damages compensate a person for their physical losses and emotional trauma.
Specific examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Ongoing mental health issues, such as anxiety, PTSD or depression
- Humiliation and shame
- Diminished quality of life
- Disfigurement
- Scarring
- Loss of consortium
Courts in West Virginia rarely award punitive damages. However, our attorneys will determine whether punitive damages are justified. They are typically only awarded in situations where there is clear proof that the defendant intended to hurt you or showed reckless disregard for your safety.
How Much Does it Cost to Hire a Car Accident Lawyer in West Virginia?
Many find themselves struggling with expenses and have no way to work after an accident. You may wonder whether hiring a lawyer is really worth the expense.
Fortunately, most experienced personal injury lawyers represent clients for a contingent fee. Rather than charging upfront fees or an hourly rate, they take their fees directly from your settlement or verdict. You’ll only have to pay if your lawyer actually does recover compensation.
Like most law firms in West Virginia, we work on a contingency fee basis at Mani Ellis & Layne. Typically, our fees are about 33% of a client’s recovered compensation. So, if we recover $100,000, we take about one-third. If your attorney doesn’t recover anything, you don’t owe attorney’s fees.
What Happens to My Compensation if I’m Partly Responsible for Causing a Car Accident in Charleston?
Under West Virginia law, you can recover some compensation if you were partly at fault. You lose your right to damages under the state’s modified comparative negligence law only if your share of fault is more than the combined fault of all other parties.
If your share of fault is less than the combined fault of the other parties, your compensation is reduced accordingly. So, if you were 20% to blame and the other motorist was found to be 80% liable, you can take home 80% of your awarded compensation.
Assigning blame isn’t an exact science. The insurance company will try to pin as much blame as possible on you. Shifting even a small portion of blame will allow them to pay a lower amount. If someone is blaming you for a crash, call a lawyer and get help fighting back.
Will My Car Accident Case Go to Trial?
Most car accident claims are settled through insurance negotiations. However, if the insurance company refuses to settle for a fair amount, your case could go to trial.
Trial is also likely if your case involves complex legal or factual questions.
A trial is more likely if:
- Your injuries are very severe and will require long-term care
- There is a serious dispute over who was responsible for the incident
- There are significant disputes over your case value
- The insurance company or at-fault party refuses to negotiate in good faith
Any one of these issues, or a combination, can cause settlement negotiations to stall. Our attorneys are always prepared to argue your case in court. That said, we will always work hard to construct a case that’s strong enough to convince the insurance company to settle for a fair deal without trial.
What Should I Do After a Car Accident in Charleston?
Assuming you don’t require immediate emergency medical attention, here’s what you should do if you were involved in an accident:
- Call 911. Under West Virginia law, you must report any accident that causes an injury, fatality, or property damage of $1,000 or more. The police dispatcher can send an ambulance to the scene to provide emergency medical care. Even in minor accident cases, the police report can provide vital information to support your claim for compensation.
- Document the scene and gather evidence. Photos and videos of the damaged vehicles and crash scene can be extremely valuable. If any injuries are obvious, take photos of those injuries.
- Exchange contact details. Exchange insurance and contact information with the other driver. If there are any witnesses, obtain their contact information as well.
- Watch what you say. Avoid apologizing or making any comments that aren’t necessary. Individuals sometimes accept blame without really knowing what caused the accident–and those statements can be used during insurance negotiations.
- Seek medical attention. Seeing an experienced doctor promptly is critical. Your medical records will establish the link between the accident and your injuries. It’s also possible that you’re suffering from injuries that don’t show symptoms right away. Brain injuries can be particularly tough to recognize immediately without medical training.
Contact a skilled Charleston car accident attorney before you sign any insurance documents or make a recorded statement. Many people think a quick insurance offer is a good deal but don’t fully realize the value of their claim. While getting money in your pocket quickly is tempting, you could regret the decision down the line.
Our Lawyers Handle All Types of Car Accident Claims in Charleston
Car accidents happen in many different ways. Maybe a drunk driver turned the wrong way down a one-way street and caused a head-on crash. Maybe you were rear-ended while sitting at a red light. Maybe you were simply walking and were hit by a car that veered onto the sidewalk.
Regardless of the facts, you deserve experienced legal representation.
At Mani Ellis & Layne, we have decades of experience in West Virginia personal injury law and are prepared to handle any type of claim, including those involving:
Rear-End Crashes
Many people think of rear-end collisions as minor fender benders. However, that isn’t accurate in all cases. If the vehicles were traveling at high speeds, the results could be catastrophic for those involved. Our Charleston rear-end crash lawyers can assist with all aspects of your claim.
Head-On Collisions
Hitting a vehicle head-on can be traumatic, leaving victims struggling physically and emotionally. If someone else caused your accident, they should be held accountable for the full range of losses you’ve endured. Let our Charleston head-on collision attorneys fight for the payout you need and deserve.
Hit-and-Run Accidents
Drivers leave accident scenes for many different reasons. It can be incredibly difficult to pursue compensation from a hit-and-run driver. After all, many are never found. Our attorneys will work with you to identify every option for recovering compensation–and we will investigate to search for the at-fault individual.
T-Bone Accidents
T-bone accidents and side-impacts often happen when drivers are racing through intersections to “beat” a yellow light. These types of collisions can have devastating consequences for the occupant seated on the side of the impact. If you were involved in a T-bone accident, let our lawyers help you fight for full compensation.
Fatal Accidents
Some accidents are so severe that the victim cannot survive. If you lost a family member in a fatal car accident, our wrongful death attorneys are here to help you fight for justice. Contact us to discuss your legal right to compensation.
Our lawyers are also equipped to handle car accident cases involving:
- Rollovers
- Rear-end collisions
- Sideswipe accidents
- Head-on collisions
- Chain-reaction crashes, including multi-vehicle accidents and pile-ups
- Single-vehicle accidents
- Highway accidents
- Trucking accidents
- Commercial vehicle accidents
- Motorcycle accidents
- Intersection wrecks
- Accidents involving uninsured or underinsured motorists
- Rideshare accidents
- Accidents involving pedestrians and bicyclists
Regardless of the kind of accident involved, call our law firm to arrange a free consultation today. We’ll sit down, listen to your story, and identify the best option for recovering financial compensation after a crash.
Who Can Be Held Liable for My Injuries After a Car Accident in Charleston, WV?
Like most states, West Virginia has “at-fault” or “tort” insurance laws. That means the person who is deemed accountable for causing the accident is also responsible for paying the damages.
That makes it extremely important to identify everyone who is responsible for the crash. Most of the time, that is another driver. However, the at-fault party can also be someone who wasn’t driving.
Examples of liable parties may include:
- Other drivers
- Negligent passengers
- Employers of careless drivers, if the at-fault motorist was acting within the scope of their employment when they caused the crash
- Trucking companies, if a trucker caused the accident
- Manufacturers of defective vehicles or safety equipment that contributed to the crash
- Government agencies
- Pedestrians or bicyclists
Who shares liability will ultimately depend on the circumstances of your accident. Our lawyers will carefully investigate to identify everyone who was involved. We will review accident reports, talk to witnesses, and even bring in experts to help us fully grasp what happened.
Common Types of Car Accident Injuries
It’s always possible that an accident can cause serious injuries.
At Mani Ellis & Layne, we handle all types of cases, including those involving:
- Burns
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Internal organ damage
- Crushing injuries
- Neck injuries
- Concussions
- Back injuries
- Facial and dental injuries
- Eye injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Our West Virginia attorneys are passionate about helping victims get justice. While you’re focused on recovery, you can rest assured that we’re working tirelessly to win the money you need after a crash. Give us a call, and we’ll start handling the legal issues.
What Are the Most Common Causes of Car Crashes in Charleston?
The vast majority of motor vehicle accidents happen because someone was negligent.
Simply put, negligence means that someone has a responsibility to exercise reasonable caution, ignores that responsibility, and causes an accident and injury.
Some common examples of careless driving behaviors that cause car accidents include:
- Speeding accidents
- Texting while driving
- Other types of distracted driving
- Driving while fatigued
- Failure to yield the right-of-way
- Tailgating
- Aggressive driving and road rage
- Lane changes
- Running a red light or stop sign
- Ignoring traffic signs and regulations
- Drunk driving
- Driving while impaired by drugs
- Driving in a vehicle’s blind spots
- Inadequate vehicle maintenance
While driving errors are a leading cause of car wrecks, that is not the only reason these accidents happen. Dangerous road conditions, defective safety equipment, and even bad weather can contribute to an accident.
In all cases, identifying the underlying cause–or causes–of the accident is crucial to your financial recovery. You can only recover damages if you can prove that someone else was at fault for your injuries.
We will start by conducting an investigation into the crash. We’ll obtain accident reports, video footage, witness statements, and any other evidence that can prove you are owed compensation.
How Do I Prove Negligence After a Car Wreck in Charleston?
Negligence is the basis of most car accident cases. You will have to prove a driver was negligent in causing your accident to recover compensation.
Negligence cases require proof of four elements:
- Duty – You have to show the at-fault driver owed you a duty. All drivers have a duty to obey traffic laws and drive reasonably safely.
- Breach – You have to show the drive breached their duty.
- Causation – You have to establish that the driver’s actions caused the accident (i.e., that it wouldn’t have happened but for the person’s carelessness).
- Damages – You must show that you suffered financial and/or emotional losses as a result of the wreck.
You must prove each element to win your case. Your car accident lawyer will use many types of evidence to prove your side of the story, including accident reports, citations, expert testimony, and eye witness testimony, to name a few.
Contact our experienced car accident firm in Charleston to learn how we can help you prove negligence after a car crash.
West Virginia Statistics on Car Accidents
Car accidents have the potential to be dangerous and even deadly.
According to the West Virginia Department of Transportation, 265 people were killed in traffic accidents across the state of West Virginia in 2022. Another 815 people were seriously injured in collisions that year. In other words, roughly three people are seriously injured or killed in an auto accident every day.
Of course, some areas are more dangerous for drivers than others.
According to a report prepared by the Regional Intergovernmental Council (RIC), the most dangerous intersections in Charleston, West Virginia are:
- U.S. 119 and Oakwood Rd
- MacCorkle Ave and Montrose Drive
- MacCorkle Ave and 3rd St
- U.S. 119 and Green Rd – Terry Rd
- MacCorkle Ave and 36th St
The RIC considered many factors, such as the number and seriousness of those accidents. Continue to read more on these statistics.
Contact an Experienced Charleston Car Accident Lawyer for a Free Initial Consultation Today
If you were recently injured in an auto accident, call a Charleston, WV car accident attorney to discuss your rights today. Our firm is located near you. We have an office in Charleston, WV, at 10 Hale St Suite 501, Charleston, WV 25301. Find us with our GeoCoordinates: 38.3482946,-81.6380384,17z.
Our team is here to provide the quality services you deserve.
Even better, your consultation is always free of charge, so there is no need to worry about additional expenses.
Auto Accident Resources
- Auto Inspection Laws
- Most Dangerous Roads in Charleston, WV
- Traffic Regulations and Laws of The Road in West Virginia
- West Virginia Child Car Seat Laws
- What Does a Car Accident Lawyer Do?
Highly Rated Auto Repair Shops
- Chestnut Street Auto Service – 623 Chestnut St, Charleston, WV 25309
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- Ken’s Auto Services – 717 Chestnut St, Charleston, WV 25309
*Disclaimer – we do not endorse these companies or profit from having them listed on our website. These were some of the highest-rated auto repair shops on Google.
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