Question

How much are my injuries worth after an auto accident in West Virginia?

Robert A. Campbell

Answered by:
Robert A. Campbell

Located in Charleston, WV
Farmer Cline & Campbell, P.L.L.C.

Robert A. Campbell - Personal Injury - General - Super Lawyers

Answered by: Robert A. Campbell

Farmer Cline & Campbell, P.L.L.C.
Charleston, WV

Fax: 304-346-5980

View Profile
Answer

The short answer is: It depends. Each motor vehicle accident case is unique and will yield a unique result. Personal injury awards can range from a few hundred dollars to millions. The monetary value of a case depends on many factors, including the severity of the injuries, the drivers’ insurance policies, who was at fault, the evidence available and how each party’s attorney pursues the case. 

The best way to find out the potential value of a personal injury case is to discuss it with a knowledgeable attorney. During your initial consultation, which is typically free, your lawyer will ask questions to learn more about the scope of your injuries and give you an idea of what to expect if you decide to proceed with your case. 

To understand how survivors of motor vehicle accidents are compensated, it helps to understand the three types of “damages,” or costs that are eligible for compensation through a personal injury claim. 

Special Damages

Special damages refer to actual costs that the party has incurred, which makes them fairly straightforward to calculate. Examples of costs that fall into the category of special damages include:

  • Medical expenses incurred as a result of the accident
  • If the injury is permanent or long-lasting, any ongoing medical expenses that will be needed in the future
  • Rehabilitation costs
  • Lost wages for any time away from work
  • Any loss of future earning capacity caused by the injury
  • Property damage to the vehicle involved
  • Any other out-of-pocket costs associated with the injury 

General Damages

General damages are not linked to specific costs incurred by the plaintiff (the party bringing the lawsuit), so they are less predictable. General damages are typically left to a jury to decide (or negotiated in a pretrial settlement). These damages may compensate the plaintiff for things like pain and suffering, mental anguish, or loss of enjoyment of life. 

Punitive Damages

If the responsible party’s willful, wanton or reckless conduct caused the injury, the plaintiff may also be able to recover punitive damages. Rather than compensating the victim for a specific loss, punitive damages are meant to punish the liable party for their unacceptable conduct. In addition to holding the responsible party accountable and further compensating the victim, these damages are intended to discourage negligent conduct in the future.

 What If I Was Partially At Fault?

West Virginia uses a “comparative fault” law, which means that any party may be assigned a certain percentage of fault for an accident. That percentage is reflected in your final award. For example, if a court finds you were 10 percent responsible for the accident, you would receive 90 percent of the total damages amount. 

Even if you played a part in causing the accident, you may be able to recover some (or all) of your losses. It is essential that you speak with an attorney you trust as soon as possible after an accident to begin building your case and pursuing the compensation you need to make a full recovery. 

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Robert A. Campbell

Trucking Accidents

How fast do I need to act after a trucking accident in West Virginia?

Given the difference in size and weight between a tractor-trailer and a passenger vehicle, when a motorist is struck by a tractor-trailer or other …

Answered by: Robert A. Campbell

Personal Injury - Plaintiff

What if my workplace injury isn’t covered by workers’ compensation in West Virginia?

The workers’ compensation system is designed to compensate workers for on-the-job injuries and related expenses. Employees who are covered by …

Answered by: Robert A. Campbell

Wrongful Death

What is considered a wrongful death case in West Virginia?

For many, the unexpected death of a loved one is the most painful experience imaginable. When the death was caused by negligence that could have been …

Answered by: Robert A. Campbell

Other Answers About Motor Vehicle Accidents

Motor Vehicle Accidents

How do Florida courts determine who is liable in a multicar accident?

Florida is a comparative liability state. This means a jury decides the percentage of liability attributed to an injured person after a multicar …

Answered by: Heidi A. Hillyer

Motor Vehicle Accidents

What Compensation Can I Recover After A Vehicle Accident In Pennsylvania?

No one expects to be in a car accident — and few are truly prepared to deal with the aftermath of a car accident. The most pressing need is …

Answered by: Christopher J. Marzzacco

Motor Vehicle Accidents

Why should I hire a Georgia attorney after a car accident?

After a car accident in Georgia, an attorney can help you understand the claims process and your rights. A skilled attorney can investigate your …

Answered by: C. Jeffrey Kaufman

Disclaimer:

If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.63152003288269 sec