West Virginia Injury Lawyer Blog

It's New Year's Eve and many West Virginians are looking forward to a fun night of celebrating. While most people will have a safe and responsible night, some people will inevitably get behind the wheel after they've had too much to drink. Drunk driving in West Virginia isn't only a problem around the holidays, either. According to the Times West Virginian, an estimated 128 people died in traffic accidents involving alcohol-impaired (having a blood-alcohol content of .08 or higher) drivers in 2008 in West Virginia.

Here are some other shocking statistics:
- Across the nation, an estimated 11,773 people were killed in drunk driving crashes in 2008.

- On average, a drunk driver kills someone every 45 minutes in the United States.

- The National Highway Traffic Safety Administration (NHTSA) reports that about 34% of all traffic fatalities in 2008 were the result of drunk driving-related crashes.

- MADD (Mothers Against Drunk Driving) estimates that more than 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or drugs.

In response to the rise in the number of drunk drivers on the road on New Year's Eve, the West Virginia State Police and other local police agencies are stepping up their patrols to keep people safe and to discourage drinking and driving. If you get a DUI, your license can be suspended and you'll get slapped with a heavy fine. You may even have to spend the night in jail. Underage drinkers (under 21) are subject to a zero tolerance policy - if they get caught driving under the influence, their licenses will be revoked. If you or someone you love has been hit by a drunk driver, contact a personal injury lawyer immediately.

Even in a seemingly open-and-shut medical malpractice case in West Virginia, it is crucial that you have an experienced medical malpractice attorney on your side. If you've been hurt due to medical negligence and an insurance company is offering you an immediate settlement, that means that they realize their client's negligence in the matter and want to minimize the damages as quickly as possible.

Some insurance adjusters will even show up at the hospital in the hopes of having you sign paperwork while you're still recovering. This is why having a knowledgeable lawyer is so important. When you're still healing from a medical mistake, you might make errors or have poor judgment when it comes to your best interests. A lawyer knows how to protect you from a rushed settlement that may not cover all your damages.

Understanding the Effects of Accepting an Insurance Settlement
In a medical malpractice case, a settlement is essentially an admission of fault or guilt on the part of the healthcare provider. Even if the wording of the settlement is such that the company doesn't accept or acknowledge fault, they wouldn't be settling with you if they didn't see a reason to pay for your injury. When you sign a settlement agreement and cash the check, you are releasing all your rights to pursue the healthcare provider in the future, even if you discover other injuries or your problem gets worse.

Most malpractice is unintentional; the doctor or healthcare provider wasn't trying to purposely hurt you. However, the fact remains that when you have an injury through no fault of your own, you have rights. A malpractice lawyer can sort through all the red tape to evaluate a settlement offer thoroughly to ensure you're getting all you deserve.

According to the West Virginia Department of Transportation, all drivers must carry a minimum level of accident liability insurance on passenger vehicles. Drivers must have at least $20,000 in coverage for one accident with one injury, $40,000 for one accident with two injuries and $10,000 for property damage. These requirements are designed to protect drivers so that they are protected when accidents happen.

But what do you do when an uninsured driver hits you? In West Virginia, insurance companies offer "Uninsured Motorist" coverage, which protects drivers in the case of an accident in which the other driver is not insured. You can recover damages for medical costs and property damage up to the amounts covered under your plan, just like you would if the other driver was carrying liability insurance.

I Don't Have Uninsured Motorist Coverage. Can I Still Recover Damages?
Yes. You can sue another driver for negligence, even if you don't have insurance coverage for uninsured drivers. You will want to talk to an auto accident attorney in West Virginia about your options. Not only can you get money for your medical bills and property damage, but you can also make sure that the other driver pays under penalty of license suspension.

By law, you may file a claim against an uninsured driver through civil court. Once a judgment is awarded, you have to submit a copy of the court order and accident report to the Department of Motor Vehicles. At this point, the DMV will suspend the uninsured driver's license. The suspension will remain in effect until the judgment is paid in full or the defendant has entered into an installment payment plan, whichever comes first.

In West Virginia, you can often seek damages from a negligent driver to cover the costs of your associated medical treatments after an auto accident. But what is your legal recourse for old injuries that are aggravated from an accident? Back pain, neck injuries, healing bones and other conditions can be inflamed after a new shock to your body, but can you sue for these costs if they already existed when you had an accident?

The answer is yes, if you meet a certain burden of proof. A personal injury lawyer can help you figure out what damages are recoverable based on the specifics of the accident and the extent of your injuries. Even if you were already suffering from a previous injury, you may be able to collect for the aggravated injury caused by the new accident.

Auto accidents can make existing or latent injuries worse. If you've been injured, keeping a daily diary documenting your pain and physical restrictions as a result of the new injury can help establish your case. Be sure to keep record of both physical and emotional effects, as your lawyer may be able to collect money for you on both accounts.

Further, you'll need an immediate medical exam (and subsequent follow-up exams, depending on the severity of the injury) to document your new injury and how it's affected your previous condition. And it's not just outward injuries that should be carefully watched; head trauma and brain injuries are a chief concern as well. Especially if you have a history of concussions or Traumatic Brain Injury (TBI), you must track cognitive and behavioral patterns as well and report these to a medical professional and to your lawyer.

The moments immediately after a car accident can be frightening. You're not sure if you or you passengers are okay and you may be very confused as to what just happened, especially if you didn't see the collision coming. But what you do right after a car accident can be vital in determining the success you'll have in recovering damages for your injuries and property damage. Here's a checklist for an accident scene:

1. Secure Your Vehicle. If you can, drive the car to the side of the road or off the main road if possible without injury to yourself or further damage to the car.

2. Make sure you and your passengers are safe. If you are injured, don't attempt to move or leave the vehicle. Call 911 to reach the police or emergency response services.

3. If you are uninjured, look for witnesses and get their contact information so that they can corroborate your story. Exchange insurance information with the other driver and be sure to take down the other vehicle's license plate number, make, year and model. Also get the personal contact information of the driver.

4. Report your account of the accident to police, but do not admit fault. If the police ask you to sign a ticket, you must comply, but you do not have to accept responsibility on the scene.

5. Use your cell phone or camera to take pictures or video the accident scene, damage to your vehicle and others involved as well. Make a note of the time of the incident, weather and road conditions.

6. Call your insurance provider and report the accident.

7. Get a medical exam, even if you don't feel like you've been injured. Some injuries take days to develop and you'll need an exam to prove your injuries if you decide to hire a personal injury lawyer to recover damages later.