Tag: insurance claims

How Long Will it Take to Receive a Settlement for My Injury Case?

On By Jeffery RobinetteIn Personal InjuryLeave a comment

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.

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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.

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

Jeff Robinette, Morgantown WV Personal Injury Lawyer, Auto Collision 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.

 

Related Posts:

West Virginia Car Accident Lawyer

Why You Should See a Doctor after a Vehicle Accident.

What To Do After a Car Accident?

Injured In A Car Accident In West Virginia? Know Your Legal Rights!

 

If you Wait, it May be Too Late…

On By Jeffery RobinetteIn Car Accidents, Motorcycle Accidents and Safety, Personal Injury, Truck Accidents1 Comment

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.