The following is from the transcript of a live chat our office recently received:
“I was in a car accident 2 years ago. I have a head injury. I have to take meds for the rest of my life, and still have a knot on my head. My doctor bills are around $10,000.00.”
“I called the insurance company to try to settle my claim about 2 weeks before the 2 years were up. I didn’t know 2 years was all I had. He told me he could not do anything with it until I had a doctor’s release form and to call him after I got it. Then a week or so later I got a letter saying my case was closed. When I called him he said they would not pay anything, even though I tried to settle it before the 2 years.”
She waited too long, trusted the adjustor, and now it is too late.
What is the Time Limit for Filing a Personal Injury Claim in West Virginia?
West Virginia law provides that you have two years from the date of the auto collision to take legal action (i.e., file a lawsuit) against responsible individuals and companies, including insurance companies, to seek compensation for the damages (i.e., your injuries and losses) you sustained in the auto collision.
If you do not file a lawsuit within the two-year statute of limitations period, your claim will be forever time-barred. Two years may sound like a long time from now, but believe me, it is not when considering all the things that must be done to secure your legal rights against the responsible parties. Every day that you wait to seek legal counsel equates to a loss of opportunity to obtain full compensation for your injuries.
Don’t miss your only chance for a fair insurance settlement
There are laws that protect you and your family from the consequences of the negligent and wrongful behavior of others who caused your injuries and losses. Your damages, which include your medical and financial losses and obligations, should be paid by the parties responsible for causing your injuries and losses — but they won’t pay, that is, not without a legal battle.
An experienced personal injury lawyer knows how to enforce your legal rights against the wrongdoers that caused your injuries and losses in a fair and professional way to obtain the compensation you deserve for your injuries.
What could happen if I wait to contact a Lawyer?
The first 60 to 90 days following your auto collision can make or break your case. It is within this shorter time period that necessary evidence and testimony must be secured, treatment rendered and medical opinions obtained.
If you wait until after this time period has passed, and you have not developed your claim properly, it will make the job of even a good lawyer very hard to obtain a full recovery for you. Worse yet, if you wait until close to the two-year statute of limitations period to consult with a lawyer, it is almost guaranteed that your claim has already been compromised.
You have one chance to gain fair compensation for your auto accident injuries. Make sure it is done right.
Morgantown WV Injury Lawyers
If you need assistance with an insurance claim regarding a motor vehicle collision, we can help. Call the Robinette Legal Group, PLLC today for a free, no-obligation consultation with an experienced personal injury attorney: 304-594-1800 or after hours or visit our website to find answers to your questions. You don’t have to handle this alone.
For more information, see our free report “Why the Insurance Company Doesn’t Want You to Hire a Lawyer.”
Source: Collision Care — West Virginia Auto Injury Guide by Jeffery Robinette, Word Association Publishers, 2012.