West Virginia Attorney Explains: How Long will it Take to Settle my Case?
WV Personal Injury Attorney and Legal Malpractice Specialist:
A common question I receive from clients is, “How long will it take for me to get a settlement?” The short answer is, if your injuries are minor, it can take just a few months to get your case settled. However, if your injuries are severe your injuries and may require extended medical treatment, the longer it will take to settle your injury claim.
Insurance companies particularly require proof of your claim. We have to obtain medical records, employment records, expert reports, and those have to be synthesized and sent to the insurance company with the demand package and that process can take many months even for minor injury claims to resolve.
On the other hand, if your injuries are more serious or even life-threatening, they can take much longer: a year or two is not uncommon.
If you settle your case too early, even a minor injury case, and you find out that you should not have settled it because there were other parts of your injury that you didn’t know about, then you are foreclosed forever from pursuing any additional amounts of recovery because you settled early.
So, it’s best to be patient with the process in order to allow you to work with your attorney to make sure that all of your injuries are well established and documented. Then, when the claim is sent into the insurance company, the full value of your claim will be considered by the insurance company.
So, always seek good legal advice as to when you should settle your case. Don’t take that decision upon yourself.
“Every good personal injury attorney wants his or her cases to move along towards resolution as expeditiously as possible but, every case is different and you never want to ‘sell a case short’ on value just for the sake of wrapping it up.” Steven M. Sweat, nationally recognized injury attorney.
What if I already Settled My Case? Can I get out of it?
For some of you, if you have already settled your case, the information in this post will only reinforce why you may feel so bad right now as you face all the problems that the insurance adjuster did not tell you about . The amount of money sounded good at first, but now that things have not worked out well for you, you have serious second thoughts about settling your case on your own . Let’s take a look at what can be done to address some of your concerns .
The first question you probably are wondering is whether you can get out of the settlement. The answer is, possibly, but only if the settlement was agreed to within 20 days after the auto collision.
West Virginia law allows you to void this settlement, but you must do so within 180 days from the date of the auto collision . If you reached a settlement more than 20 days after the collision, then the settlement is binding and enforceable unless you can prove that the insurance company defrauded you in some manner.
If you have questions about personal injury claims in West Virginia, don’t hesitate to call our office for a free case review: 304.594.1800 or after hours, 304.216.6695.
Visit our website for more answers to commonly asked questions about motor vehicle accident claims, insurance disputes, professional malpractice, and other personal injury claims.
Morgantown, West Virginia Personal Injury Attorney
Author Jeff Robinette, Morgantown WV Personal Injury Attorney, has been designated as a Super Lawyer, National Board Certified Trial Attorney, member of the Multi-million Dollar Advocates Forum, and was recently selected as a Litigator Awards recipient, designating Mr. Robinette as a Top 1% attorney for personal injury and medical malpractice claims in West Virginia.