Getting into a car accident is a traumatic and scary experience. In the aftermath of a crash, you may be left wondering what your next steps should be, especially if you or a loved one have been injured as a result of another driver’s negligence. You may need to seek assistance from a Huntington, WV car accident attorney. A skilled attorney will investigate your claim and work to secure the compensation you are entitled to. Contact the team at Tiano O’Dell, PLLC to get started today.
Why Choose Tiano O’Dell for This Claim?
- At Tiano O’Dell, our team has spent decades representing injury victims in Huntington and throughout West Virginia.
- We provide a client-centered approach to every case that we take, which means that we take the time to listen to your goals and needs as we move forward with your claim.
- We continuously earn referrals from previous clients, which is a testament to how we handle every personal injury claim at Tiano O’Dell.
How Will an Attorney Help Your Case?
Car accident cases in Huntington can become incredibly complicated, particularly when it comes to proving exactly what happened. Insurance carriers for the at-fault driver will push back against these claims, and they may even try to blame you for the crash. When you have a Huntington personal injury attorney by your side, you will have an advocate who can handle every aspect of these claims. This will include:
- Investigating the incident to gather all evidence needed to prove liability, including photo or video surveillance, statements from eyewitnesses, the police report, mobile device data, vehicle “black box” data, and more.
- Ensuring that you are evaluated by a trusted medical professional who will treat your injuries and help us properly calculate total expected losses.
- Engaging in vigorous negotiations with the at-fault driver’s insurance carrier to ensure that you receive fair compensation.
- Fully preparing your case for trial in the event the insurance carrier refuses to offer a fair settlement.
Common Car Accident Injuries
Most people are involved in a motor vehicle accident at some point in their lifetime. In and around crowded areas like Huntington, car accidents happen all the time. During the latest reporting year in West Virginia, we know that there were 268 total crash fatalities and 1,381 total serious injuries. Thousands more suffered what were considered non-life-threatening injuries. However, please understand that even minor car accident injuries can lead to major medical bills for victims.
Some of the most common injuries our Huntington car accident attorneys help clients with include:
- Traumatic brain injuries
- Broken and dislocated bones
- Severe lacerations
- Internal organ damage
- Internal bleeding
- Spinal cord injuries
- Whiplash injuries
What Do I Do After a Huntington, WV Car Accident?
If you have been involved in a car accident in Huntington, there are a few steps you can take to ensure your well-being and help the settlement process.
- Seek medical care. Immediately after a crash, call 911 and assess whether anyone needs medical attention or not. Even if you do not feel much pain, please know that the signs and symptoms of many car accident injuries may not appear until hours or even days after the crash. Let a doctor examine you and make a diagnosis.
- Gather evidence. Using a smartphone or another camera, take photos of everything, including damage to the vehicles, injuries, possible causes of the crash, and more. Get the names and contact information of everyone involved as well as from eyewitnesses to the crash.
- Report the crash to your carrier. You are required to let your insurer know what happened but stick to a simple report. Let them know an incident occurred and give them the other driver’s information. Do not give a recorded statement or talk about the extent of your injuries.
- Call an attorney. If another driver caused your injuries, their insurance carrier will do everything possible to lower how much they pay you. Your attorney will work to secure maximum compensation.
Can You Recover Compensation After a Huntington Car Accident?
There are a few ways you can recover compensation if you are struck and injured by another driver. West Virginia is an at-fault state, meaning that the driver who caused the incident is responsible for the crash is responsible for all costs. You can recover damages through:
- The at-fault driver’s insurance carrier. In these cases, it is important to have a Huntington car accident lawyer ready to deal with aggressive insurance carriers who do not want to make a large settlement.
- A personal injury lawsuit. If the at-fault driver’s insurance carrier does not offer a fair settlement or denies your claim, you may have to file a personal injury lawsuit against the carrier and the at-fault driver. A skilled Huntington personal injury attorney will work to help you with all aspects of your case.
What About Partial Liability for a Huntington Car Accident?
You may still be able to recover compensation for your losses even if you are partially responsible for causing the car accident. West Virginia operates under a “modified comparative negligence” system. This means that an individual can recover compensation even if they are up to 49% at fault for the incident. Victims who are 50% or more responsible for causing a crash will not be able to recover compensation for their losses (West Virginia Code 55-7-13A).
However, the total amount of compensation a person receives will be reduced based on their percentage of fault for the incident. For example, if an injury victim sustains $10,000 worth of damages as a result of a rear-end collision, but it is determined that they were 20% at fault for the incident, then they would receive $8,000 instead of the full $10,000.
How Much Compensation is Available?
There may be various types of compensation available to car accident victims in Huntington. Our attorneys strive to recover both economic and non-economic compensation on behalf of injury victims. Though the total amount of compensation clients receive will depend on a variety of factors, we work diligently to recover the following:
- Hospital and doctor’s office visit costs
- Coverage of physical therapy and rehabilitation
- The costs of prescription medications and medical devices
- Lost wages if a victim cannot work while they recover
- Loss of future earnings if a disability prevents a person from returning to work
- Property damage expenses
- General household out-of-pocket expenses
- Pain and suffering damages
- Loss of quality of life damages
Affording a Huntington Car Accident Attorney
At Tiano O’Dell, our team understands that individuals involved in vehicle accidents can suffer from a range of financial consequences. That is why we handle Huntington car accident cases on a contingency fee basis. This means that our clients will not have to pay any upfront or out-of-pocket costs related to their case. We will not collect any legal fees until after we recover the compensation that our clients need. If we do not win, our clients do not pay a dime.
Contact a Huntington, WV Car Accident Lawyer
If you have been in a car accident in West Virginia, the legal team at Tiano O’Dell, PLLC can help. Do not hesitate to contact us to discuss your case. Our Huntington car accident attorneys can be reached at (304) 720-6700 or by filling out our online contact form. We offer free consultations.