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

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 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

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!

 

Drowsy Driving Prevention Week November 3-10, 2013

In an effort to reduce the number of fatigue-related crashes and to save lives, the National Sleep Foundation has declared November 3-10, 2013 to be Drowsy Driving Prevention Week®.  Most of us realize how dangerous driving under the influence or texting while driving is, but driving while drowsy can be equally dangerous. Sleepiness can cause slower reaction times, blurred vision, lapses in judgment, and delays in processing information.

FedEx Truck Accident in West Virginia

In October, 2012 near Morgantown, WV a FedEx truck was traveling north in the southbound lanes shortly before 1 a.m. when the driver tried to make a U-turn to correct his direction. FedEx Truck Crash on I-79 The FedEx driver caused a truck accident when he struck a tractor-trailer which then crossed the median into the northbound lanes and crashed through a guardrail on the east edge of the road.  A passenger car traveling ahead of the tractor-trailer ran off the west edge of I-79 south, coming to rest against a guardrail.  Amazingly, no one was killed or seriously injured.  Three people were taken to the hospital, treated, and released.  The FedEx driver was from North Dakota and the semi-truck driver was from Arizona.

Early Morning Collision in Huntington WV:

More recently,  The Huntington Police Department is investigating a crash involving two tractor-trailer trucks which shut down all westbound lanes of Interstate 64 in Huntington.  Dispatchers received word of the crash at about 4:30 a.m. Thursday, October 17, 2013.

The crash involved a box truck owned by the U.S. Mail and a tanker truck carrying an unspecified substance. Dispatchers said the box truck overturned due to the crash’s impact and was leaking fuel from its tanks. One of the trucks also hit a bridge and knocked off a chunk of its concrete wall.
The accident happened at the 9.5-mile marker, located just east of the 5th Street Road exit in Huntington. Officials were diverting westbound traffic off the Hal Greer and 29th Street exits.
Thankfully, there were no reported injuries, and unlike a May 2013 accident on I-64 in Kentucky involving a mail truck which caught fire as a result of a fuel leak, the contents of this US Postal Service truck was not destroyed and was transferred to another truck by Postal Service crews.

 

All of these truck drivers illustrate the type of drivers that are most at risk for driving error due to drowsiness.  Before we launch into the fall and winter holidays, we need to consider the potential impact of driving while exhausted could have on our own safety, our families, and other drivers sharing the road with us.

Specific At-Risk Groups for Drowsy Driving

  • Young people-especially males under age 26
  • Shift workers and people with long work hours-working the night shift increases your risk by nearly 6 times; rotating-shift workers and people working more than 60 hours a week need to be particularly careful
  • Commercial drivers-especially long-haul drivers – at least 15% of all heavy truck crashes involve fatigue
  • People with undiagnosed or untreated disorders-people with untreated obstructive sleep apnea have been shown to have up to a seven times increased risk of falling asleep at the wheel
  • Business travelers-who spend many hours driving or may be jet lagged

Fast Facts about Driving while Fatigued:

  • 100,000 crashes each year are caused by fatigued drivers
  • 55% of drowsy driving crashes are caused by drivers less than 25 years old
  • Being awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash
  • In 2010, the AAA Foundation for Traffic Safety released a study that shows that fatigue is a factor in one in six deadly crashes; one in eight crashes resulting in hospitalization, and one in fourteen crashes in which a vehicle was towed.
  • The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving results in 1,550 deaths, 76,000 injuries, and more than 100,000 accidents every year.

Tips for avoiding becoming a drowsy driver statistic:

  • Get a good night’s sleep (seven to nine hours) before you begin your trip.
  • Plan breaks into your driving schedule; don’t be so rushed to arrive at your destination that you can’t stop for rest.
  • Stop every 100 miles or two hours for a walk, run, snack, or drink.
  • Bring a buddy who can share the driving.
  • If you think you could fall asleep, pull over and take a 15-20 minute nap.
  • Avoid driving at times you would normally be asleep.
  • Avoid alcohol and medicines that cause drowsiness.
  • Caffeine can increase alertness for several hours, but you will still need adequate rest if you want to prevent fatigue related errors.

Warning Signs that it is time to pull over:

  • Difficulty focusing, frequent blinking, heavy eyelids.
  • Trouble keeping your head up.
  • Drifting onto rumble strips, swerving in your lane.
  • Inability to clearly remember the last few miles driven.
  • Missed exits or traffic signs.
  • Repeated yawning.
  • Feeling restless or irritable.

Posted by the Robinette Legal Group, PLLC in Morgantown, WV.  You may not have been able to avoid the collision that caused your injuries, but you can avoid the unnecessary pitfalls of dealing with the insurance adjusters who are motivated and trained to devalue your claim, if not destroy it altogether.

Call our office today for free books for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide. 

304-594-1800 

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West Virginia Car Crash? Don’t self-diagnose injuries – get a doctor’s opinion.

If you have been involved in a serious car crash, it is important that you follow the advice of the EMS personnel and get immediate medical attention, even if you aren’t certain you have been injured.

After an accident, many auto accident victims make the mistake of trying to minimize the ordeal they have just experienced.  The attention a car accident generates can be embarrassing as well as traumatic.  Many people just want to go to the comfort of home as quickly as possible rather than continuing this major interruption to their life by spending four hours or more at an emergency room.

If you were involved in a car accident and initially refused medical evaluation and treatment, you may be surprised by symptoms showing up later.  Adrenaline can mask physical symptoms in the minutes following an accident, and some injuries such as back pain and head trauma don’t reveal themselves until hours or days later.

A thorough medical evaluation can diagnose and treat internal injuries that could save your life, and early treatment could improve your chance of a full recovery.  Having a doctor’s evaluation of the car accident’s impact on your overall health will also assist you in knowing whether you need to file an insurance claim for damages, future treatment, and lost wages.

Even if you refused medical treatment immediately after your car accident, and you discover injuries days or weeks after the crash, you could still have a personal injury case.  Please contact Morgantown car accident lawyers at the Robinette Legal Group to learn more.

Don’t Let an Injury Ruin your Holiday Shopping

In a frenzied effort to ratchet up end-of-year profits, major retailers will offer their best sales of the year on Black Friday.  Although the Morgantown, WV area and adjacent regions of Marion, Preston, and Taylor Counties are not heavily populated areas as compared to Pittsburgh, the mixture of customer expectations and limited quantities produce the same risks of injuries that we hear about in larger cities.  Many customers will drive with little sleep, even in bad road conditions to get a good position at the door.bags

Try to minimize possibilities of confrontation by showing courtesy to other shoppers and don’t be perceived as a line-cutter – it will cause resentment and possibly an altercation.  If you happen to be the lucky shopper who gets the last item at an incredible price, either cover (if possible) with other items in your cart or try to avoid that area of the store where others will be looking for the same item.

Even in the midst of all the crowds, excitement, and confusion, retailers have an obligation to create and maintain a safe shopping environment for their employees and customers and have a duty to maintain safe parking lots, sidewalks, stairs, and railings that are clear of water, ice, and obstacles to prevent personal injury.

Parking lots are part of a business owner’s property. Therefore, the owner of the retail store or other business property has a legal obligation to maintain the lot or ramp, including sidewalks and stairwells in a condition that is determined safe for public use. This includes ensuring the lot is properly marked and lighted and the traffic flow has been designed with the public’s safety in mind. If you have been injured in a parking lot accident, either while driving, riding a bike or walking, you may be entitled to seek damages for the cost of medical treatment, lost earnings and pain and suffering resulting from your injuries.

The Occupational Safety and Health Administration (OSHA) has issued a guide to employers for preventing injuries during the Holiday shopping season or at any other time when large crowds gather.    The OSHA guide includes provisions for pre-planning strategies, practicing, and assigning specific workers to implement security, safety, and emergency responses.  The National Retail Federation issued similar warnings and guidelines to retailers that include emergency response directives and having employees practice crowd control safety measures sometime before Black Friday.

Other sound advice includes while shopping, make some trips to the car to put your gifts in the trunk. Lock them up and you can come back and finish your shopping and not have to carry everything around.  After one or two bags, it gets a little cumbersome and strains your back and could affect your balance if the parking lot is even a little slick.

Even though we’re not in a major metropolitan area, there will always be an undesirable element lurking about — at the grocery store, a shopping center, a shopping mall — they’re looking for an opportunity. So, don’t turn your back on anything.  As a consumer, you don’t want to provide theives that opportunity. Always keep things locked up in trunk, keep your cell phone close, don’t hang your handbag on the top of a stroller or over the back of your chair in a restaurant or food court. Use good common sense, even at 5:00 a.m. in the morning.

When a place of business does not provide a safe workplace and shopping environment and an employee or customer suffers an accident, injury, retail stores and malls are responsible for medical bills, lost wages and continuing disability, pain, suffering, and inconvenience caused by their carelessness.

If you have been seriously injured while shopping due to someone else’s negligence, call a Morgantown, WV Personal Injury Lawyer —  visit our website today  or call us today at 304-594-1800 or 304-216-6695 after hours to obtain the answers you need.

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Drowsy Driving Prevention Week November 12-18, 2012

In an effort to reduce the number of fatigue-related crashes and to save lives, the National Sleep Foundation is declaring November 12-18, 2012 to be Drowsy Driving Prevention Week®.  Most of us realize how dangerous driving under the influence or texting while driving is, but driving while drowsy can be equally dangerous. Sleepiness can cause slower reaction times, blurred vision, lapses in judgment, and delays in processing information.

FedEx Truck Accident in West Virginia

In October, 2012 near Morgantown, WV a FedEx truck was traveling north in the southbound lanes shortly before 1 a.m. when the driver tried to make a U-turn to correct his direction.  The FedEx driver caused a truck accident when he struck a tractor-trailer which then crossed the median into the northbound lanes and crashed through a guardrail on the east edge of the road.  A passenger car traveling ahead of the tractor-trailer ran off the west edge of I-79 south, coming to rest against a guardrail.  Amazingly, no one was killed or seriously injured.  Three people were taken to the hospital, treated, and released.  The FedEx driver was from North Dakota and the semi-truck driver was from Arizona.

At least two of these drivers illustrate the types of drivers that are most at risk for driving error due to drowsiness.  Before we launch into the fall and winter holidays, we need to consider the potential impact of driving while exhausted could have on our own safety, our families, and other drivers sharing the road with us.

Specific At-Risk Groups for Drowsy Driving

  • Young people-especially males under age 26
  • Shift workers and people with long work hours-working the night shift increases your risk by nearly 6 times; rotating-shift workers and people working more than 60 hours a week need to be particularly careful
  • Commercial drivers-especially long-haul drivers – at least 15% of all heavy truck crashes involve fatigue
  • People with undiagnosed or untreated disorders-people with untreated obstructive sleep apnea have been shown to have up to a seven times increased risk of falling asleep at the wheel
  • Business travelers-who spend many hours driving or may be jet lagged

Fast Facts about Driving while Fatigued:

  • 100,000 crashes each year are caused by fatigued drivers
  • 55% of drowsy driving crashes are caused by drivers less than 25 years old
  • Being awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash
  • In 2010, the AAA Foundation for Traffic Safety released a study that shows that fatigue is a factor in one in six deadly crashes; one in eight crashes resulting in hospitalization, and one in fourteen crashes in which a vehicle was towed.
  • The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving results in 1,550 deaths, 76,000 injuries, and more than 100,000 accidents every year.

Tips for avoiding becoming a drowsy driver statistic:

  • Get a good night’s sleep (seven to nine hours) before you begin your trip.
  • Plan breaks into your driving schedule; don’t be so rushed to arrive at your destination that you can’t stop for rest.
  • Stop every 100 miles or two hours for a walk, run, snack, or drink.
  • Bring a buddy who can share the driving.
  • If you think you could fall asleep, pull over and take a 15-20 minute nap.
  • Avoid driving at times you would normally be asleep.
  • Avoid alcohol and medicines that cause drowsiness.
  • Caffeine can increase alertness for several hours, but you will still need adequate rest if you want to prevent fatigue related errors.

Warning Signs that it is time to pull over:

  • Difficulty focusing, frequent blinking, heavy eyelids.
  • Trouble keeping your head up.
  • Drifting onto rumble strips, swerving in your lane.
  • Inability to clearly remember the last few miles driven.
  • Missed exits or traffic signs.
  • Repeated yawning.
  • Feeling restless or irritable.

Robinette Legal Group, PLLC in Morgantown, WV.  You may not have been able to avoid the collision that caused your injuries, but you can avoid the unnecessary pitfalls of dealing with the insurance adjusters who are motivated and trained to devalue your claim, if not destroy it altogether.

Call our office today for free books for WV accident victims: Collision Care: West Virginia Auto Collision Guide, and Righting the Wrong, West Virginia Serious Injury Guide. 

304-594-1800