Understanding Compensation Calculations in West Virginia Car Accidents

September 9, 2024

Understanding Compensation Calculations in West Virginia Car Accidents

Being involved in a car accident can be a traumatic experience, both physically and emotionally. In addition to dealing with the aftermath of the accident, you may also be facing mounting medical bills, lost wages, and other expenses. If you have been injured in a car accident in West Virginia, it is important to understand how compensation is calculated so that you can ensure you receive the financial support you need to recover. At The Webb Law Centre, PLLC, we are dedicated to helping West Virginia residents navigate the complexities of personal injury law and secure the compensation they deserve.


Medical Expenses: One of the primary factors considered when calculating compensation for a car accident in West Virginia is medical expenses. This includes not only immediate medical costs such as hospital bills and doctor's visits, but also ongoing expenses for rehabilitation or long-term care. It is crucial to keep detailed records of all medical treatments and expenses related to your injuries to ensure that you receive full compensation.


Lost Wages: If your injuries have caused you to miss work or reduce your earning capacity, you may be entitled to compensation for lost wages. This includes both past and future income that you would have earned if not for the accident. Calculating lost wages can be complex, as it may involve estimating future earning potential or factoring in bonuses or other forms of compensation.


Pain and Suffering: In addition to economic damages such as medical expenses and lost wages, victims of car accidents in West Virginia may also be entitled to non-economic damages for pain and suffering. These damages are intended to compensate for physical pain, emotional distress, and other intangible losses resulting from the accident.


Property Damage: If your vehicle was damaged in the accident, you may be able to recover compensation for repairs or replacement costs. In some cases, insurance companies may try to undervalue property damage claims or deny them altogether. Our team at The Webb Law Centre can help you negotiate with insurance companies and ensure that you receive fair compensation for your property damage.


Punitive Damages: In cases where the at-fault party's conduct was particularly egregious or reckless, victims of car accidents in West Virginia may be awarded punitive damages on top of compensatory damages. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.


Navigating the legal system after a car accident can be overwhelming, especially when dealing with injuries and financial stressors. At The Webb Law Centre, PLLC, we understand the challenges that West Virginia residents face after a car accident and are here to provide support every step of the way. By working with our experienced personal injury attorneys, you can rest assured that your rights will be protected and that you will receive fair compensation for your injuries and losses. Don't hesitate to reach out for a consultation if you have been injured in a car accident – we are here to help.

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Laptop, notebook with pens, papers, and coffee cup on a green table outdoors.
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CHARLESTON, W.Va. — Charles “Rusty” Webb, founder of The Webb Law Centre, announced today that his firm is expanding its nationwide review of kratom-related injury and wrongful death cases following an NBC Nightly News report on a beverage containing kratom and kava root. The August 2025 NBC segment highlighted growing social media warnings about the herbal supplement “Feel Free,” which contains kava root — touted for its relaxing effects — and kratom, a plant native to Southeast Asia known for its stimulant and opioid-like effects. “Kratom is still being marketed in ways that obscure its risks,” Webb said. “The NBC investigation underscores what the FDA’s been warning about — there are serious safety concerns without proper education, and people need to understand their legal options if they’ve been harmed.” The U.S. Food and Drug Administration has issued multiple warnings about kratom’s potential to cause addiction, liver damage, and death. Webb’s firm is currently reviewing cases involving: Fatal overdoses linked to kratom use Severe addiction requiring medical treatment Organ failure or other life-threatening complications Health care professionals or whistleblowers with relevant information With more than 30 years of legal experience in high-stakes toxic tort and product liability claims, Webb was one of the first attorneys to formally launch a coordinated litigation strategy targeting kratom manufacturers and distributors earlier this year. “The parallels to early opioid litigation are striking,” Webb said. “These cases can protect consumers and prevent another public health crisis.” About Rusty Webb Rusty Webb is the founder of The Webb Law Centre in Charleston, West Virginia. He has served in the West Virginia House of Delegates and has represented individuals and communities in precedent-setting complex tort, environmental, and public interest litigation. Media Contact:  Webb Law Centre PLLC  714 Venture Drive Charleston, WV 25309 www.webblawcentre.com
Wooden gavel resting on a block with blurred books in the background.
August 13, 2025
Charles R. “Rusty” Webb, founder of The Webb Law Centre, PLLC, has been nominated to Attorney and Practice Magazine’s 2025 “Top 10 Personal Injury Law Attorney — Raising the Bar” directory for West Virginia.
Gavel, Lady Justice statue, and books on a desk in a sunlit office, symbolizing law and justice.
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Charles R. “Rusty” Webb, founder of The Webb Law Centre, PLLC, has been nominated to The American Association of Attorneys Advocates™ (AAAA) 2025 Dedication to Outstanding Advocacy Top 10 Personal Injury Law Attorney directory for West Virginia.
Statue of Lady Justice holding scales and sword against a dark background.
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Charles R. “Rusty” Webb, founder of The Webb Law Centre, PLLC, has been selected for Membership in Lawyers of Distinction for 2025, recognizing professional achievement and peer recognition in the practice of law.
Statue of Lady Justice and gavel on a desk, next to books and a laptop.
August 13, 2025
Charles R. “Rusty” Webb, founder of The Webb Law Centre, PLLC, has been selected to join the nation’s top trial lawyers as a member of the Distinguished Justice Advocates (DJA) Charter—an honor extended to fewer than 1% of attorneys nationwide.
Statue of Lady Justice holding scales and sword against a dark background.
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Charleston, West Virginia Attorney Best of 2025 by Business Rate
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CHARLESTON, W.Va. — Charles “Rusty” Webb, founder of the Webb Law Centre, is stepping into the national spotlight as one of the first attorneys to formally launch a litigation strategy focused on kratom—a controversial botanical compound tied to addiction, organ damage, and fatal overdoses. As kratom continues to be sold widely in gas stations and online, the FDA has stepped up its scrutiny, issuing multiple public health warnings and cracking down on manufacturers for deceptive marketing and unapproved claims. With mounting injuries and fatalities, Webb believes kratom may become the next mass tort litigation wave—comparable to early opioid lawsuits. “Kratom is marketed as ‘natural’ and ‘safe,’ but many of the same red flags we saw in opioid cases are here again,” said Webb. “It’s time to hold these companies accountable.” National Legal Review Underway The Webb Law Centre is now reviewing kratom-related injury cases nationwide. The firm is accepting inquiries from: Families impacted by fatal overdoses involving kratom Individuals experiencing severe addiction or organ failure Healthcare professionals and whistleblowers Attorneys seeking co-counsel relationships on emerging kratom litigation With more than 30 years of legal experience and a background in high-stakes toxic tort and product liability claims, Rusty Webb is well-positioned to lead this emerging legal front. “We’ve seen firsthand what happens when dangerous products are allowed to spread unchecked,” Webb said. “We won’t let history repeat itself.” About Rusty Webb Rusty Webb is a nationally recognized trial lawyer based in Charleston, West Virginia. He has served in the West Virginia House of Delegates and has litigated precedent-setting injury cases throughout the region. Webb is known for his work in complex torts, environmental cases, and public interest litigation.  Media Contact Webb Law Centre 714 Venture Drive, Charleston, WV 25309 www.webblawcentre.com
August 8, 2025
As kratom gains national attention for its potential health risks and legal scrutiny, individuals harmed by this herbal supplement are starting to ask the critical question: "Do I have a case?" Attorney Charles "Rusty" Webb of The Webb Law Centre in Charleston, West Virginia is one of the few lawyers in the country focused on kratom litigation. Here's what you need to know if you're considering filing a lawsuit against a kratom manufacturer or distributor. KEY TAKEAWAYS: Kratom is legal in many states but unregulated, leading to major risks for consumers. Lawsuits are emerging over injuries tied to kratom addiction, overdose, and death. The Webb Law Centre is currently reviewing cases involving wrongful death, liver failure, addiction, and adulterated kratom products. If your injury is tied to a known brand-such as Feel Free tonic-you may have a strong case. Kratom cases are NOT class action-they are mass torts, meaning your injuries must be evaluated individually. THE LEGAL LANDSCAPE The U.S. Food and Drug Administration (FDA) has not approved kratom for any medical use, and multiple states are now considering bans or regulations. Some manufacturers market kratom as a dietary supplement, sidestepping regulation-despite its well-documented links to addiction, hallucination, seizures, liver damage, and even death. "These are serious cases, and people deserve the truth about what they're putting into their bodies," says Rusty Webb. "Families are grieving, and they're shocked that something so dangerous is being sold openly in gas stations and online." WHAT MAKES A KRATOM CASE STRONG? Each case is fact-specific, but common threads among strong cases include: Use of a known kratom product linked to harm Documented medical diagnosis or treatment Sudden or escalating addiction symptoms Liver failure, overdose, or death Underage access or deceptive marketing THE WEBB LAW CENTRE APPROACH Unlike large national firms chasing volume, The Webb Law Centre takes a personal, investigative approach to each case. They work with toxicologists, addiction specialists, and medical experts to build litigation-readyclaims. "We don't just take your case-we build it," says Webb. 
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Kratom—a herbal supplement derived from the Mitragyna speciosa plant—has gained popularity in gas stations, head shops, and online marketplaces across the U.S. But behind its claims of pain relief and mood enhancement, there is a growing wave of lawsuits and questions. Can you sue a kratom manufacturer if you or a loved one has been harmed? Attorney Charles "Rusty" Webb of The Webb Law Centre offers clear guidance for families seeking justice. What Makes Kratom Legally Actionable? According to Webb, kratom's legal exposure centers around two critical areas: Failure to Warn: "Many manufacturers fail to provide adequate warnings about kratom's addictive properties or its interaction with other medications," Webb explains. "That alone may create liability.” Product Contamination or Mislabeling: Some products have been found to contain dangerously high levels of mitragynine, synthetic additives, or contaminants. "When a product is mislabeled or tainted, that crosses the line into negligence," says Webb. The Legal Grounds for Filing a Kratom Lawsuit To successfully bring a case, plaintiffs generally must prove: The kratom product was defective, mislabeled, or lacked adequate warnings. The manufacturer or distributor was negligent. The product directly caused injury, addiction, or death. "It’s not enough that someone used kratom," says Webb. "We must establish a clear line between the product and the harm.” Who Can File a Lawsuit? Cases may be brought by: Individuals who became addicted or suffered organ failure, stroke, or other health complications after using kratom. Family members of individuals who died following kratom ingestion. Parents of teens or young adults who purchased kratom in gas stations without clear warnings. Why These Cases Are Growing As more states begin regulating or banning kratom, and as the FDA continues to issue warnings, awareness is building. "We’re seeing patterns across multiple states, especially where kratom is sold over the counter with little to no oversight," Webb says. "This is beginning to mirror early opioid litigation.” The Role of the Webb Law Centre Based in Charleston, West Virginia, The Webb Law Centre is one of the first firms in the region to actively investigate kratom-related claims. "We take these cases personally," Webb notes. "Many of our clients come to us after losing a son, daughter, or spouse. They’re not just looking for compensation—they want accountability.”