Settlements in West Virginia Accident Injury Cases

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Settlements in West Virginia Accident Injury Cases

After a car crash, there is a lot to process—who, what, when, where and why are the most obvious questions that need an answer. Once those are answered and you’ve begun the process of filing insurance claims and maybe hiring an attorney, you’ll start to hear the word “settlements.” It’s important to understand what it means and how it affects you before you sign anything.

Settlements in West Virginia Car Accident Injury Cases

Take Care Of Yourself First

One of the first things you should do is see a doctor—whether your own or in the emergency room right after the crash. You may not have any obvious signs of injuries, but you may show symptoms later. Establishing your medical condition after the crash is important for your case. You’ll need to be as well as you can be when it’s time to speak to insurance companies and attorneys.

While you are recuperating, you may receive a call from an insurance adjuster with the other party’s company. Their job is to settle your case as quickly as possible, for the least amount of money. If you’ve been injured, your car has been damaged (or totaled) or you suffered other property damage, there are a number of costs that must be taken into consideration when discussing settlements. If you will need continuing long-term medical care, your car needs replacement, or you’ll require other compensation for the accident, those costs must be figured into the final amount.

Once your case is settled and you’ve signed all the papers, you won’t be able to go back and get any more money if you didn’t get enough the first time. A settlement should make you “whole,” or compensate you enough to where you are in relatively the same position you were in before the accident.

Settling a case can be a long time, especially if there is a large amount of money at stake. If you’re being pressured to sign settlement papers, don’t—it’s time to find a West Virginia personal injury attorney and ask for help.

Don’t Accept The “Quick Check”

Some attorneys may dazzle you with multi-million dollar judgment amounts they’ve won for previous clients. Some may suggest that they can “settle your case quickly.” But before you accept a “quick check” from an attorney, you should understand how the settlement process works. You may be signing your rights away and leaving a lot money on the table. Every case is different, so a “quick check” may not be the right way to go. An experienced personal injury attorney with car accident experience can better help you understand your case.

The Statute Of Limitations

There are time limits for filing your claim. Called the “Statute of Limitations,” West Virginia allows two years from the date of the accident to file, or you lose your right to sue (West Virginia Code section 55-2-12.) If a fatality was involved, there is also a two-year statute of limitations for filing a wrongful death claim by the deceased person’s family (West Virginia Code section 55-7-6.)  You must file within the two-year period of the date of the accident to have your claim processed and settled. A personal injury attorney can give you an idea of how long you may have to wait for a settlement. If the end date is coming up soon, it’s time to call an attorney now.

Settlements

Your settlement may not require you to go to court, but it might. Should your attorney not be able to reach a suitable agreement with the insurance company, it may become necessary to file a lawsuit.

When an agreement is reached between you (and your attorney) and the other parties (the other driver, their insurance company, and any other attorneys involved) on the dollar amount that is owed to you, then you’ll receive a settlement. At that point, your attorney will let you know how much your settlement will be, how much you owe in attorney’s fees from that settlement amount, and final amount you will receive. The settlement will include pain & suffering, loss of wages, medical expenses, and other related compensation. Depending on the severity of your injuries, this settlement may include monies for future medical expenses.

If your attorney took your case on a “contingency fee basis,” it means that they are paid a percentage of your settlement amount. He or she will advise you of their fees at that point and can answer any of your questions.

Let Us Help With Your Case

Call The Love Law Firm today at (304) 344-5683 and schedule your appointment with one of our attorneys. We’ll discuss your case with you, explain your options and what to expect in a car accident injury settlement. We offer contingency fee arrangements, and there’s no fee if we don’t win your case for you.

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