Being in a fender bender can be a stressful experience. Not only do you have to deal with the aftermath of the accident, but you also must worry about getting your car repaired and potentially dealing with injuries. If the accident was not your fault, you may be wondering if it is worth it to sue the driver responsible.
Factors to Consider When Determining if It’s Worth It to Sue if You’re the Victim of a Fender Bender in West Virginia
Deciding whether to sue following a fender bender in West Virginia requires careful consideration of the facts of the case, as well as the potential costs and benefits associated with filing a lawsuit. Here are a few factors you should consider when you’re determining if it’s worth it to sue if you’re the victim of a fender bender in West Virginia:
- Proving Negligence – First, it is important to understand the concept of negligence. In legal terms, negligence means that an individual failed to exercise a reasonable standard of care, resulting in harm to another person or property. In the case of a fender bender, if the other driver was negligent and caused the accident, they may be held responsible for any damages incurred. This includes paying for repairs to your vehicle and any medical expenses related to injuries you sustained in the accident.
- Legal Action Costs – However, even if the other driver was clearly at fault, it is important to determine if it is worth it to pursue legal action. Filing a lawsuit can be a time-consuming and expensive process. It may also require you to attend court hearings and provide evidence to support your case. Additionally, there is no guarantee that you will win the case, and you may end up spending more money than you are able to recover.
- Statute of Limitations – In West Virginia, the statute of limitations for personal injury cases is two years from the date of the accident. This means that if you do decide to sue, you should do so within this timeframe. It is also important to note that West Virginia follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your damages will be reduced proportionally. For example, if you are 20 percent at fault for the accident and your damages total $10,000, you would only be able to recover $8,000.
- Insurance Coverage – Another factor to consider is the insurance coverage of the other driver. In West Virginia, all drivers are required to have liability insurance, which covers damages and injuries caused if they are at fault in an accident. However, the minimum required coverage may not be enough to fully cover all damages. If the other driver's insurance policy is not enough to cover your damages, you may need to file a lawsuit to recover the remaining amount.
In addition to considering the factors above, consulting with a knowledgeable attorney can help you make an informed decision about whether to sue following a fender bender.
For nearly a century, Katz, Kantor, Stonestreet & Buckner, PLLC has been tirelessly advocating for the rights of injury victims and their families across West Virginia. Our firm is dedicated to providing unwavering support and seeking justice for our clients.
Our primary objective is to assist individuals in holding those responsible for their pain and suffering accountable, ensuring they receive the necessary compensation for medical bills, lost income, rehabilitation costs, and daily living expenses.
If you or a loved one has been involved in a fender bender, don't hesitate to contact us. Our experienced car accident lawyers in West Virginia are here to help. Call us at (304) 713-2014 or reach out to us online today to schedule a free, no-obligation consultation. We understand the challenges you may be facing and we are committed to providing you with the support and guidance you need during this difficult time.