Fatal Car Accident Lawyer in Huntington, WV

Losing a loved one unexpectedly at the hands of a negligent driver can be devastating and leave you reeling. It can be difficult to process this tragedy or the magnitude of the injustice you have suffered. When you are trying to mourn your loved one and manage the aftermath of this loss, a fatal car accident lawyer in Huntington, WV can handle the legal aspects on your behalf.

Warner Law Offices has the legal knowledge and skills to navigate the legal process and nuances involved in a fatal car accident case. With more than two decades spent serving the people of West Virginia, our law firm is your ally in your fight for justice for your loved one. A Huntington car accident lawyer will put you first and provide excellent services that secure the results and resources you need to get closure and move forward following your loss.

Warner Law Offices Handles Your Case So You Can Grieve

Warner Law Offices provides empathetic support to help you through this painful time. A sudden loss like this can deeply and profoundly impact your life and future. To ease the pain and stress you are going through, our team of attorneys works diligently on your case and handles everything from filing paperwork to negotiations. We provide clients with the personalized service of a small firm and the results of a big law firm.

Fees Are Deducted from Settlements If We Win Your Case

Part of our commitment to serving our clients includes offering our services on a contingency basis. We understand the financial uncertainty you may be under after the death of your loved one, and we remove the stress of securing legal services. We only recover compensation from settlements or verdicts if we win your case. This ensures that you have an advocate and do not have to pay for an attorney out of your own pocket.

Fatal Car Accidents Can Be Caused By Many Factors

Fatal car accidents are often the result of reckless behavior and negligence. In some instances, these accidents can be caused by malicious or intentional actions, such as aggressive driving or road rage. Without such actions, these accidents are preventable. Some common factors that contribute to these kinds of accidents include:

Speeding
Distractions
Aggressive driving or road rage
Alcohol or drug impairment
Fatigue
Inexperienced drivers
Failure to wear seatbelts
Failure to make accommodations for poor road or weather conditions

Victims of fatal car accidents may be killed right away from the force of the impact and the severity of the collision. However, some may die later from their wounds or resulting complications. For example, a victim may suffer severe lacerations but may lose their life because the open injury became severely infected and spread throughout the body. These factors and examples show the various ways car accident victims can unexpectedly die after a car accident.

Areas Where Fatal Accidents Are Most Likely to Occur

While fatal car accidents can happen anywhere, there are some locations where they are more likely to occur. Typically, car accidents occur in intersections, on highways, on country roads, and in parking lots. Any of these locations holds the potential for fatalities if the accident is severe enough.

In places like Huntington, WV, which is in the foothills of the Appalachian mountains, elevated and winding roads can reduce visibility and lead to fatal accidents. That, paired with speeding, can create a lethal combination. Additionally, highways in the area, such as I-64, I-77, I-79, and state highways, can put motorists at a greater risk of fatal accidents.

Parties Generally Affected by Fatal Car Accidents

When looking at the Insurance Institute for Highway Safety (IIHS) fatality facts for car accidents, the data demonstrates that these accidents are more likely to happen between 3 p.m. and midnight, as well as on weekends. Additionally, different groups of individuals can be victims of these types of collisions.

Motorists are the most common group of road users who may be killed in a fatal car accident. According to the most recent data, 59% of fatalities were motorists. Traffic volume and the factors mentioned above contribute to errors and accidents.
Pedestrians make up the next group commonly affected by car accidents. They represent 18% of vehicle accident fatalities in the U.S. These road users are exposed to harm and have little protection upon impact.
With their small size and decreased visibility, motorcyclists make up 15% of vehicle fatalities. Motorists often do not notice these road users and may hit them as a result. Similarly, bicyclists make up 3% of fatalities and face very similar risks as motorcyclists.
Finally, 2% of fatal vehicle accidents involve large truck occupants. While these vehicles often cause more damage, they face their own set of dangers and may lose their lives in an accident.

Filing a Wrongful Death Lawsuit After a Fatal Car Accident

According to West Virginia Code §55-7-5, if an individual was killed by negligent means and would have been able to seek legal recourse if they had survived, then action can be taken on their behalf to hold the party at fault liable. Additionally, West Virginia Code § 55-7-6 specifies that the decedent’s personal representative must initiate the wrongful death lawsuit on behalf of the family.

During the case, the at-fault party’s actions must be demonstrated. Our fatal car accident attorneys in Huntington will build the case and negotiate all forms of compensation on behalf of the family. This also includes death benefits recovered through life insurance policies. They will protect the rights of the family to make sure that all losses are covered by compensation to the best extent possible.

All compensation recovered through a wrongful death lawsuit is for the benefit and support of a decedent’s spouse or children. If these parties are not present or the decedent had other dependents they cared for, then compensation may also be shared among siblings, parents, adopted children, or stepchildren. Lawyers can provide clarity on who is eligible for recovery in a wrongful death lawsuit and how it will be distributed.

You Must Demonstrate the Other Driver’s Negligence in Causing the Fatal Collision

When surviving family members file a civil lawsuit against a driver for a fatal car accident, they will be required to demonstrate the driver’s negligence. The burden of proof falls on the family of the victim, and they must show the wrong that was committed so there is a clear connection between your loss and the driver’s actions. Our fatal car accident attorneys in Huntington can help you with proving liability after an accident, which consists of four parts. Your lawyer will systematically show the following:

Duty of Care: The at-fault driver had an obligation to follow the rules of the road and to avoid behaviors that would cause accidents, injury, or death.
Breach of Duty: Through reckless actions, negligence, or an intentional disregard for the rules of the road, the at-fault driver engaged in unsafe driving behavior.
Causation: Because of their actions, the at-fault driver caused a fatal accident.
Damages: The at-fault driver must compensate surviving family members for the losses they caused them.

How Evidence Supports Claims of Negligence

This process is one of many reasons why the quantity and quality of evidence matter. Not only do you need to be able to show the extent of your own losses, but you also need to satisfy the above requirements so there is no doubt about the other party’s negligence. As such, you should obtain a copy of the police report and death certificate, and maintain photos and records of each expense incurred by the accident. Statements from witnesses, experts, family, and friends can also help support your claim.

West Virginia’s Modified Comparative Negligence Law Can Impact the Value of Compensation

When establishing liability and pursuing compensation after your loved one’s death, it is important to be aware that any fault they shared for the accident can affect what you can recover through a lawsuit. According to West Virginia Code § 55-7-13a, individuals who have contributed to an accident will be subject to reduced compensation in proportion to their fault to offset their contribution. If an individual is 50% at fault, they can still receive damages, while those over 50% will be barred from compensation.

This means that if your loved one was 15% at fault for the accident, then you will only be able to recover 85% of the potential maximum settlement. When you work with our fatal car accident lawyers in Huntington, WV, we will make sure that minimal compensation is lost so you can recover enough to alleviate your losses. They will also ensure that other parties do not assign extra blame to your loved one.

You Can Recover Different Types of Compensation After a Fatal Car Accident

The purpose of damages in a fatal car accident case is to offset the unexpected expenses and suffering you have experienced as a result of the accident. While this can never replace the life of your loved one, it can help provide for you and your family in this season and beyond. The value of your case will be based on the specific expenses and losses you have suffered. There are generally a couple of types of damages following a car accident, which are looked at below.

Economic Damages

Your financial losses make up the majority of your settlement. This is because these are the most pressing and time-sensitive expenses you will face. They can also help you stay afloat in the wake of your family member’s death. This form of compensation provides relief for your loved one’s medical expenses, funeral and burial expenses, death benefits, and loss of income, inheritance, or services.

Non-economic Damages

Suddenly losing your loved one can cause an enormous amount of grief and suffering. Because these losses can affect the quality of your life, they can be included in your overall compensation. Your emotional and mental distress and loss of companionship can also be covered by this type of compensation.

Punitive Damages

A fatal car accident settlement may include punitive damages if the other driver exhibited gross negligence or showed extreme recklessness. If you are eligible to recover this type of compensation, these are calculated separately from your economic and non-economic losses, as they are meant to punish the at-fault driver rather than provide for your losses. The amount you receive will be up to the discretion of a judge or jury.

Statutes of Limitations Apply to Fatal Car Accident Cases

Like any other car accident case, a statute of limitations applies to your ability to recover compensation in a fatal car accident case. In West Virginia, you have two years to file a wrongful death suit on behalf of your loved one, per West Virginia Code § 55-2-12. If this window of time expires before you have acted, you will not be able to take further legal action and will have to shoulder the expenses and losses yourself that were caused by the accident.

The purpose of a statute of limitations is to ensure that parties act on their legal rights in a reasonable time frame so a case is not left open indefinitely. Another reason for these restrictions is that evidence only lasts for a finite amount of time before it begins to break down or lose its efficacy. As such, you should not wait to take the first step toward initiating your lawsuit. These cases may be lengthy, especially if they are complex, and delays can cost you considerably.

Contact Our Fatal Car Accident Attorneys in Huntington, WV

Warner Law Offices does what it takes to get you the results you need after losing a family member in a fatal vehicle accident. While we strive to negotiate a generous settlement, we also remain prepared to go to court for our clients so they receive the compensation they deserve. Our full-service firm provides you with excellent services and compassionate support as you navigate the way ahead. To learn more about the options available to you, contact our law firm today to schedule a free consultation with our team.