A car accident can change your life in an instant. Medical bills pile up, you can’t work, and insurance adjusters are already calling — pushing you toward a quick settlement that doesn’t come close to covering your losses. If you were seriously injured in a car wreck in West Virginia, you need an attorney who will fight for what your case is actually worth.
At Stroebel & Stroebel, PLLC, we represent car accident victims throughout West Virginia — from Charleston and Kanawha County to Beckley, Huntington, and every county in between. We prepare every case for trial, which is why insurance companies take our clients’ claims seriously.
West Virginia Is an at Fault State — Here’s What That Means for Your Claim
West Virginia follows a traditional fault-based system for car accidents. This means the driver who caused the crash — and their insurance company — is responsible for paying compensation to injured victims. You have three primary options after a wreck:
- File a claim with the at-fault driver’s liability insurer
- File a claim with your own insurer (if you have uninsured/underinsured motorist coverage)
- File a personal injury lawsuit in West Virginia circuit court
An experienced car accident attorney will evaluate all available coverage, identify every potentially liable party, and pursue the full amount you’re owed.
Common Causes of Car Accidents We Handle
West Virginia’s roads — winding mountain highways, rural two-lanes, and busy Charleston corridors like I-64 and US-119 — create unique hazards. We represent clients injured in:
- Rear-end collisions and chain-reaction crashes
- Head-on collisions on two-lane mountain roads
- Intersection accidents caused by red-light running or failure to yield
- Distracted driving crashes (texting, phone use)
- Drunk and drugged driving accidents
- Speeding and reckless driving crashes
- Single-vehicle accidents caused by road defects or negligent maintenance
- Rideshare accidents (Uber, Lyft)
- Hit-and-run accidents
Injuries That Demand Serious Legal Representation
Not every fender-bender requires a lawyer. But if you suffered significant injuries, trying to handle the claim yourself puts real money on the table. We handle cases involving:
- Traumatic brain injuries and concussions
- Spinal cord injuries and herniated or bulging discs
- Fractured vertebrae, ribs, legs, arms, and pelvis
- Shoulder, knee, and soft tissue injuries requiring surgery
- Scarring, disfigurement, and burns
- Wrongful death of a family member
- All types of other injuries.
These injuries often require months or years of treatment, cause permanent disability, and result in lost income far beyond what an insurer’s initial offer reflects.
What Is Your Car Wreck Case Worth?
West Virginia allows injured drivers and passengers to recover compensation for both economic and non-economic damages:
Economic damages include past and future medical expenses, lost wages and reduced earning capacity, property damage, and out-of-pocket costs.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse or family.
West Virginia follows a modified comparative fault rule — you can recover damages as long as you were less than 50% at fault for the accident. Your award is reduced by your percentage of fault, which is why insurance companies work hard to blame the victim. We work equally hard to counter that narrative with evidence.
The Insurance Company Is Not on Your Side
Insurance adjusters are trained to minimize payouts. Common tactics include:
- Calling within hours of the crash to get a recorded statement they can use against you
- Offering a fast, low settlement before you know the full extent of your injuries
- Arguing that your injuries were “pre-existing”
- Claiming you were partially or fully at fault for the crash
- Delaying the claim until you’re financially desperate enough to accept less
You have the right to decline recorded statements and to have an attorney negotiate on your behalf. The moment you hire Stroebel & Stroebel, we handle all communication with the insurance company so you can focus on recovering.
Uninsured and Underinsured Motorist Claims
West Virginia law requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. If the at-fault driver had no insurance, or their coverage is insufficient to pay for your injuries, your own UM/UIM policy may cover the gap.
These claims are more common than people realize, and your own insurance company can be just as adversarial as the other driver’s. We handle UM/UIM claims with the same aggressive approach as third-party cases.
How Stroebel & Stroebel Handles Your Car Accident Case
From the moment you hire us, we take over the burden of your claim:
- Obtain and preserve evidence — accident reports, photographs, surveillance footage, and black box data before it’s lost
- Identify all liable parties — including employers of commercial drivers, vehicle manufacturers, or government entities responsible for road conditions
- Work with medical experts to document your injuries and future care needs
- Calculate the true value of your claim, including future losses
- Negotiate firmly for a fair settlement — and try the case if the insurance company won’t pay
- Handle all paperwork and deadlines so you never miss a filing requirement
Frequently Asked Questions
How long do I have to file a car accident lawsuit in West Virginia?
Under West Virginia Code § 55-2-12, you have two years from the date of the accident to file a personal injury lawsuit. However, evidence disappears quickly — call as soon as possible.
What if the other driver was uninsured?
You may be able to recover through your own uninsured motorist coverage. We can review your policy and advise you on all available options.
Should I accept the insurance company’s first offer?
Almost never. First offers are almost always significantly lower than the full value of the claim. An attorney can evaluate whether the offer is fair — and negotiate for more.
What if I was partially at fault for the accident?
You can still recover compensation in West Virginia as long as you were less than 50% responsible. Your recovery is reduced by your share of fault. We fight to minimize any fault attributed to you.
How much does a car accident attorney cost?
We handle car accident cases on a contingency fee basis — you pay nothing upfront, and we only get paid if we recover money for you.
Contact a West Virginia Car Accident Attorney Today
If you were seriously injured in a car wreck in West Virginia, call Stroebel & Stroebel at 304-346-0197 or use the form on this page to request a free case review. We represent clients throughout the state — including Charleston, Beckley, Huntington, Morgantown, and all surrounding areas.
No fees unless we win. Call or message anytime — we respond promptly.