If you Wait, it May be Too Late…

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?gavel and clock

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.

I’ve Been Involved in a Car Accident

Guest Blog by Adam Rosenblum, a personal injury lawyer who is admitted to practice in both New York and New Jersey. 

Car AccidentIf you have been involved in a car accident and are unsure of what to do, it is important to understand the best course of action to take.  Understanding your rights and how to proceed can help ensure that you are given proper compensation and are well on your way to repairing your vehicle or gathering the compensation to purchase another one. 

As soon as you are involved in a car accident the first step would be to seek aid by way of calling the police and an ambulance for medical attention if anyone is in need of it.  If you find that someone is seriously injured and attempting to move that person would result in further damage, contact emergency services immediately. 

As police arrive and begin making an accident report, it is important to remember to never admit fault at the scene of an accident to the other driver, police, or even persons that were in your vehicle at the time the accident occurred.  When the police begin the process of filing an accident report, make sure all information is filled out accurately and correctly.  You should get the name, license number and other essential information from the other driver involved in the accident.  

If the police officer issues you a traffic ticket in connection to your accident, it is important that you seek the advice of an attorney to protect your rights. 

How Do I Go About Filing a Claim? 

If the accident has left you injured or has resulted in damage to your vehicle or the other person’s vehicle, it is important that you file a claim with your insurance company. 

Filing a claim is the best way to get legal compensation and help yourself or anyone else involved in the accident get on the path to medical recovery (learn more: Xarelto lawsuit compensation) or monetary damages for your vehicle.  

As soon as the accident occurs you should exchange insurance information with the other drivers involved.  This step is especially important if you were not the one at fault during the accident as you could potentially end up paying a higher deductible fee after an accident.  Document any damages that occurred by taking pictures of the accident itself and the surrounding environment.  The insurance representative will also take their own set of photos, but pictures will help in explaining your own personal experience in the accident.  

Claiming Damages 

All states require by law that drivers insure their vehicles in order to legally operate them.  This prevents any potential mishaps that might occur when getting into an accident with the other driver not having insurance and covers both yourself and others in your policy from personal injury resulting from an accident.  If the other driver does not have insurance, then it is important you call the police to make a report.  

Your own insurance policy also helps cover you if the other driver involved in the accident does not have his or her own insurance.   If you find yourself struggling to receive a claim for either monetary damage or a personal injury settlement resulting from a car accident, contacting an experienced personal injury attorney will get you well on your way to successfully gaining compensation and reduce an liabilities that you might forced to pay as a result of the negligence of another party. 

Welcome to the WV Accident Blog by Jeffery Robinette. 

Author Bio 

Adam RosenblumAdam Rosenblum is a personal injury attorney licensed to practice in New York and New Jersey.  For more information concerning car accidents in New York and New Jersey, visit Adam Rosenblum at personal-injury-nj.com  and rosenblumlawfirm.com.