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.

Why Settling your Own Injury Claim is a Dead End

dead end signWhy Shouldn’t I Handle my Injury Insurance Claim Myself?

As a former defense lawyer, I have witnessed some people who have attempted to handle their own personal injury cases. Without exception, their cases were either thrown out of court or ended in an unfavorable way.

Some injury claims are so small they may not require legal representation, but my best recommendation as a former insurance defense lawyer is if you have suffered serious injuries from a collision, you need to promptly seek advice from an excellent personal injury lawyer.

An experienced trial lawyer whose focus is auto injury litigation knows how to preserve all your legal rights, not just some of them, against the attempts of the insurance adjuster and their defense attorneys to defeat or minimize your claim.

What Will a Personal Injury Lawyer do for Me?

A few people, though, may still think about handling their own serious injury case. They reason that if they get into trouble doing so — no big deal. If they run into trouble, they’ll just call a lawyer then to bail them out. They figure the risk of messing things up is worth the chance to avoid paying legal fees. When they find out, however, all the work required of trial lawyers, they generally have second thoughts. Among the many other things that trial lawyers have to do, they will have to:

  • Conduct a proper scene investigation without missing or destroying evidence.
  • Locate all the fact witnesses and obtain their sworn statements and affidavits.
  • Locate all the parties responsible for causing their injuries and damages.
  • Locate all the insurance coverage potentially covering their injuries and damages.
  • Argue and litigate insurance coverage disputes with the insurance companies simultaneously with preparing the personal injury case.
  • File a proper lawsuit, naming only the correct parties and claims in order to avoid monetary sanctions for filing improper lawsuits.
  • Respond to the defendants’ defenses and motions to dismiss the lawsuit.
  • Prepare written discovery to the defendants, requesting appropriate information about the claim and the defenses.
  • Prepare all the plaintiff’s witnesses for deposition and trial testimony.
  • Prepare for and conduct cross-examinations of all the defense witnesses.
  • Conduct legal research and write legal briefs on key issues in the case.
  • Prepare a Pre-trial Memorandum to the trial court judge addressing all legal and factual issues to be tried by the court.
  • Represent their client in court proceedings on all pre-trial issues.
  • Prepare the personal injury case for trial, including the preparation of legal arguments, entry of evidence, and witness testimony.
  • Conduct a jury trial of their case following complex trial court rules and evidentiary rules, and file post-trial motions.

For those few individuals who may still want to handle their own case, I would like to also point out that they will need to be prepared to file an appeal to reverse the bad result that is almost certain to occur.

How the Insurance Companies have Changed How they Value Claims

Insight from Florida Personal Injury colleague Tina Willis:  “In the days of old, insurance companies believed that they would get more customers if they paid claims promptly and fairly.  In other words, they believed good customer service would drive more people back to them, and therefore raise their profits. In the mid-1990′s, according to this Huffington Post article, a consulting giant named McKinsey & Company convinced Allstate and other major insurance companies that they had a better way.  In short, they encouraged and ultimately convinced leading insurance companies to rely more heavily on computers, which, unlike human adjusters using their own judgment and general human compassion, would produce purposefully low offers to claimants.  If customers or non-customers entitled to coverage did not want to accept these ridiculous, low ball offers, they were intentionally subjected to varying delay and frustration tactics.”

West Virginia Personal Injury Lawyers

Chances are this is the first serious accident and recovery you have had to manage, but a lawyer whose focus is auto accident law has handled hundreds of claims for injured people.

A skilled advocate will ensure you are not taken advantage of by the complexities of the insurance claim process and will receive the compensation due to you.

Retaining an attorney adds credibility to a client’s threat to file suit, to pursue a claim to trial, and to negotiate a larger payment. Thus, a client gains more experience, more knowledge, and more negotiating credibility and power in dealing with the insurance industry.  You only get one chance to do this right.

Source:  Righting the Wrong — West Virginia Serious Injury Guide by Jeffery Robinette, Word Association Publishers, 2012.

Jeff Robinette, WV Insurance Attorney

If you or your loved one has been injured, it is important to act quickly to protect your claim in order to gain the compensation needed to help you move forward with your recovery and your life.  Mr. Robinette has handled hundreds of cases involving serious injury and wrongful death and can provide the insight you need right now.

If you have questions, call Jeff Robinette today at 304-594-1800.  You may also visit our website to find the answers you need today.  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.”

Additional information on this important subject:  “Never Deal with any Insurance Company without an Attorney” by Tina Willis, September 28th, 2013.

Deadly Infection Lurks in Nail Salons

Many women treat themselves with a pedicure as a reward for a hard week of work, but according to AOL News, Nancy Swanson got a lot more than she bargained for at her local nail salon.  Nancy began to experience flu-like symptoms and then noticed that her skin had started to take on a yellow appearance.  She became so ill that she felt close to death and sought a doctor’s opinion.  Her medical providers found that she had contracted Hepatitis B, an incurable liver disease.

Since thousands of Vietnamese are employed in U.S. nail salons, Dr. Robert Gish of UC San Diego has written a health policy for the Vietnamese government outlining the risks associated with Hepatitis B.  People can be carriers of Hepatitis B without presenting any symptoms and are capable of infecting others.

To protect yourself from infection, look for a prominently displayed business license, make sure all clippers and scissors are disinfected properly and only disposable nail files are used.  For extra protection, take your own polish to the salon.  Also, keep in mind that the whirlpool jets and drains of the foot tub are places where the deadly bacteria can lurk.

For more information about personal injury claims, visit us at http://www.robinettelaw.com or call 304-594-1800.

 

What is First Party Insurance Bad Faith?

Your insurance company has an obligation to fairly consider your interests and compensate you according to the loss you have suffered within the limits of your insurance policy.  If the insurance company considers its own best interest, and you suffer losses as a result, you have a right to sue your own insurance company for bad faith.

Personal Property Insurance Bad Faith:

If you have suffered significant damage by fire, flood, ice, or wind to your home or place of business, your insurance company may only offer a fraction of the amount of money it will take to repair the damage (learn more about home insurance affiliate program firms service in this case).  Insurance companies are motivated to pay as little as possible, so you will need a lawyer if you wish to recover the full value of your loss.

In order to prove bad faith, your attorney will have to prove that your insurance company acted unreasonably in the adjustment of your claim.  This will be a complex process of litigation, and for optimum results it is essential that you hire an attorney with many years of experience in working directly with insurance companies.

Motor Vehicle Accident Insurance Bad Faith:

Likewise, if you have been in a car, truck, or motorcycle accident and are suffering from a personal injury and your insurance company has acted unreasonably or unfairly in settling your claim, you may be a victim of insurance bad faith.

If you need help with your insurance claim, contact us at www.robinettelaw.com or 1-304-594-1800.

Carbon Monoxide Poisoning – Are your children safe?

Approximately 24 children under the age of 14 die from carbon monoxide poisoning each year, with an additional 3,500 emergency room reported injuries, according to the National SAFE KIDS campaign (www.safekids.org).

Young children are especially vulnerable to the effects of carbon monoxide (CO) and may show symptoms sooner than a healthy adult. Because of their smaller bodies, children process CO differently than adults and may be more severely affected by it.  In addition to death, carbon monoxide can cause severe learning disability, memory loss, and personality changes.

Carbon Monoxide, the Silent Killer

Often called “the silent killer,” Carbon monoxide is an invisible and odorless gas that is produced when burning any fuel, such as gasoline, propane, natural gas, oil, wood, and charcoal.  Carbon monoxide causes illness by decreasing the amount of oxygen present in a person’s body.

CO poisoning can often be mistaken for other illnesses, such as the flu.  The most common symptoms include headache, fatigue, nausea, vomiting, and confusion.  In severe cases, the person may lose consciousness or die.  Often, other people in the place of business or household will exhibit similar symptoms.

To decrease the risk of carbon monoxide poisoning in your home, install CO detectors outside every bedroom.  Install the detectors at least 15 feet from a source of CO to eliminate nuisance alarms.  Hardwire detectors if possible, and check every six months.  Do not heat your home or camper with your stove top or use a camp stove, grill,  or generator inside your home or camper.  Do not leave a car or motorcycle running in your garage even if the garage door is open.  Install a CO detector in your boat cabin; CO can accumulate anywhere in or around a boat.  Have your fireplace, stove, and furnace checked regularly by a professional.

Sometimes carbon monoxide poisoning is caused in part by the negligence of a landlord, repair technician, or faulty piece of equipment.  Landlords and professional service technicians are held to the highest standards of accountability for the safety of those they serve.

West Virginia landlords are required to maintain a leased property in a condition that meets requirements of applicable health, fire, and safety housing codes. West Virginia mandates in W.Va. Code Section 29-3-16a that any residence built after 1998 be equipped with carbon monoxide detectors.  The federal government, through the International Residence Code (ICR) 315.2, further mandates carbon monoxide detectors must be installed in any one or two family home that either has a fuel-fired appliance or heating unit , or is attached to a building containing such appliance, if any work is planned for that home that requires a building permit.

If CO poisoning is detected, vacate the area immediately and seek emergency help.  Avoid re-entry until the fire department deems it safe.

For information about carbon monoxide poisoning and premises liability, go to http://www.robinettelaw.com/Catastrophic-Injuries-and-Wrongful-Death/