Hurt in a Car Crash? Talk to Our Firm About Your Case.

Car Accident Lawyer Putnam County WV | Big Bubba

A car accident injury claim asks the at-fault driver, or that driver’s insurer, to compensate the injured person for harm caused by a crash. In West Virginia, the general deadline to file is two years (W. Va. Code § 55-2-12). If you’re searching for a car accident lawyer serving West Virginia, this guide explains the basics in plain language. We serve Hurricane, Nitro and surrounding Putnam County communities, including Poca, Scott Depot and Winfield.

Who a Car Accident Claim in Putnam County Is For

A car accident claim is for people hurt in a crash who want compensation from the party responsible. That party is usually the at-fault driver, and the claim often goes through that driver’s insurance company.

Claims like this often involve:

• Drivers who were hurt in a crash.
• Passengers, including family members riding along.
• Pedestrians and motorcyclists struck on Putnam County roads.
• Families whose loved one died in a crash. A wrongful death claim is brought by the personal representative of the deceased person, under W. Va. Code § 55-7-6.

If you’re helping someone who was hurt, you can reach out on their behalf. Families looking for a car accident lawyer Putnam County WV can contact the firm about wrongful death claims.

Common Crash Situations on Putnam County Roads

Most crashes fall into a few patterns, and each one raises different questions about who was at fault.

Interstate 64 and other busy roads carry heavy commuter and through traffic. Crashes there often involve lane changes, merging and fast-moving vehicles.

• Interstate 64 crashes: Lane changes and merging can make fault hard to sort out at the scene.
• Intersection and left-turn collisions: Drivers often disagree about who had the right of way. Photos and witness names help.
• Rear-end collisions: Stop-and-go traffic causes many of these. Insurers often look closely at following distance and braking.
• Commercial truck and commercial vehicle crashes: The firm handles these as well. A claim may involve the driver and the company that owns, leases or operates the vehicle.
• Hit-and-run and uninsured drivers: Your own auto policy may include uninsured or underinsured motorist coverage. That coverage may apply when the at-fault driver has no insurance or too little.

Injuries and Losses a Car Accident Claim Can Address

A car accident claim can address medical bills, lost income, property damage and the pain a crash causes.

• Medical care: Emergency care, imaging, surgery and rehabilitation.
• Lost wages: Time away from work now, and lost ability to earn later if an injury lasts.
• Property damage: Your vehicle and personal items damaged in the crash.
• Pain and daily life: Suffering and changes to how you live, work and care for your family.

Some crash injuries are catastrophic. The firm handles traumatic brain injury and spinal cord injury cases. A spinal cord injury can affect movement and the ability to walk. The spinal cord injury fact sheet from the Christopher & Dana Reeve Foundation says injury level and severity affect function. It also notes there is no proven definitive cure.

Pain that shows up days later, such as headaches or neck pain, is still worth reporting to a doctor. Tell the doctor about the crash so the visit is recorded.

West Virginia Fault Rules and the Filing Deadline

West Virginia generally gives two years to file a personal injury claim (W. Va. Code § 55-2-12). Your share of fault can also reduce what you recover.

Under W. Va. Code § 55-2-12, a personal injury action must generally be brought within two years after the right to sue accrues. The same section sets two years for property damage claims. Wrongful death actions must be commenced within two years after the death, subject to the provisions of section eighteen, article two, chapter fifty-five, under W. Va. Code § 55-7-6. W. Va. Code § 55-7-6(d) provides that a wrongful death action shall be commenced within two years after the death of the deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five. The same subsection states that the section does not apply to actions brought for the death of any person occurring prior to July 1, 1988.

Under W. Va. Code § 55-7-13a, recovery in a personal injury or wrongful death case is based on comparative fault. Liability is divided among each person who caused the damages, including the injured person, in direct proportion to that person’s percentage of fault. Under W. Va. Code § 55-7-13c, if your fault is less than the combined fault of all other persons, your recovery is reduced in proportion to your share of fault. Your fault bars recovery only if it is greater than the combined fault of everyone else responsible.

Evidence matters early. Police reports, photos, witness names and medical records help show what happened. How these rules apply to your claim depends on the facts in your case. The firm can talk through those facts in a free case review.

What to Expect: Steps From the Crash to a Resolution

A claim usually moves through medical care, evidence gathering, talks with insurers and, when needed, a lawsuit. Each step builds on the one before it.

1. Get medical care. Keep every record, bill and work note.
2. Report the crash. Write down the police report number, the other driver’s insurance details and any witness contacts.
3. Understand your next step. A free case review is a confidential conversation about the crash, your injuries and what comes next.
4. Build the claim. The firm looks at who may be responsible, reviews medical records and identifies the insurance that may apply.
5. Negotiate, then file if needed. Talks with insurers often come first. If they don’t resolve the claim, a lawsuit may be filed in court.
6. Resolve the claim. How long each step takes varies widely from case to case.

Talking to Insurance Adjusters After a Putnam County Crash

Be careful what you say to an adjuster. West Virginia also limits early settlement contact after an injury.

Adjusters work for insurance companies, and they may call quickly. They may ask for a recorded statement, which can be used later in a claim. Under W. Va. Code § 55-7-11a, for 20 days after a personal injury, no one may negotiate a settlement with you, seek a release or take a statement for settlement while you are a hospital inpatient or unable to do your usual work.

Under W. Va. Code § 55-7-11a, a settlement, release of liability or statement entered into, obtained or made in violation of that section may be disavowed by the injured person at any time within one hundred eighty days from the date of the personal injury. You do this by executing a written statement of disavowal and forwarding a copy of it to the person who violated the section. If any consideration paid for the settlement is repaid or returned, the settlement may not be admissible in evidence.

• Stick to basic facts, like the date, the location and that you were hurt.
• Don’t guess about speed or fault.
• Keep a log of calls, names and claim numbers.
• Tell the firm about any adjuster contact so it can be handled with you.

Common Questions About Car Accident Claims in Putnam County

These short answers cover the questions people ask most in the first days after a crash.

Telling the Firm What Happened

After a crash, many people are dealing with pain, time away from work and questions they never expected to face. You don’t have to sort out the next steps alone.

A free case review is a confidential conversation about the crash, your injuries and your options. You aren’t required to continue after it.

If you’re looking for a car accident lawyer serving West Virginia, you can request a free case review and tell us what happened in your own words.