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Recovering damages for auto accident personal injury in WV

In car accident cases, ensuring that crash victims receive the compensation due to them from at-fault parties is an important concern. The manner in which this compensation is available to accident victims does vary from state to state, as readers may know, with some states using a tort-based approach, others using a no-fault system, and yet others giving individuals the option to purchase no-fault or tort-based policies or to double up on both types of polices, as the case may be.

The main differences between these various approaches is whether or not the insurance company pays the full amount of first-party benefits to policyholders no matter who is at fault and whether there is a limitation on the right to sue at-fault parties for personal injury. 

Here in West Virginia, the approach is tort-based, meaning that insurance policies present no barrier to personal injury litigation. Accident victims who are unable to be compensated through insurance can sue at-fault parties for compensation and financial losses.

In tort liability systems, those who are injured in a car accident are not restricted with respect to lawsuits they can file for compensation. At-fault drivers can therefore be sued for pain and suffering caused by the accident as well as medical costs and any other appropriate damages.

Working with insurance companies and entering into personal injury litigation after a serious car accident cases is not always easy. When complications arise, it is critical to work with an attorney who understands the specifics of state law and who can act as an advocate to ensure the accident victim has the best possible chance of recovery.

In a future post, we’ll talk about West Virginia’s insurance requirements and some of the issues that can come up seeking compensation through insurance.

Source: Insurance Information Institute, “No-Fault Auto Insurance,” February 2014.

Dmv.org, “Car Insurance in West Virginia,” West Virginia Car Insurance,” Accessed Nov. 20, 2014. 

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