There was an accident where liability is completely clear. Injuries are hard evidence via x-ray and surgery. Many months spent recovering as far as possible. Then it gets to settlement discussions. The insurance company comes with a horribly low o...
There are so many variables in each individual's case. The facts of the case, percentage of fault, the jurisdiction, the judge, and the injured person's on-going medical concerns and quality of life are factors.
Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others.
A major factor is always the amount of insurance coverage available to the injured individual. I have seen people who were injured through the negligence of an uninsured or underinsured driver receive a relatively small amount of compensation due to the fact that they themselves did not have adequate UIM, UM coverage.See question
Retained attorney for Social Security Disability benefits July 2011. The attorney misplaced my records for 2 years and failed to submit documents before deadline. This left me in a position of no income for 5 years. The attorney did nothing to ...
Legal malpractice involves the breach of a standard of care required. This may mean a failure to represent you properly — missing a court deadline, for example, or failing to conduct proper discovery to prepare your case effectively. Sometimes this is due to inadvertence or lack of skill; it may also be a result of substance abuse by the attorney. Either way, there is no excuse for attorney malpractice.
Proving a case against an attorney or law firm can be difficult. You would be wise to contact a WV legal malpractice law firm that has the knowledge and resources to fully investigate the relevant issues and prepare clear evidence to support your claim for compensation. In many cases, clients are represented on a contingency basis meaning you will pay attorneys' fees only as a percentage of the amount of money you reclaim in damages.See question
I was a passenger in a car that was crashed into by a reckless driver. 4.5 years later getting ready for court my lawyer gets an offer 17,000 My lawyer advised me to settle for that. I have nearly 23,500 in medical bills. $15,000 was covered b...
There are some important things to consider before you agree to settle your injury claim:
First, you are likely responsible to pay your medical bills out of any settlement offer made by the insurance company.
This means that if you accept an offer that is a little more than your medical bills, you will have to pay for your past medical bills, and if it turns out you need more treatment in the future, you will have to pay for those bills. As you have learned, in the end, you could end up with little to nothing.
Second, you may not be considering the effect of your injury on your ability to work - you may have future wage losses.
The insurance settlement offer may not look acceptable at first, but the risk of going to trial is that you could receive less than the settlement amount or nothing at all. Be advised, however, if you settle your claim before you have a lawyer look it over, and you later find out that you did not receive fair compensation, you are stuck with your mistake. It makes a lot of sense to call for a second opinion from an experienced car accident lawyer before you settle. It will cost you nothing to have a lawyer review your claim.
If you have reason to believe that your attorney failed to file suit before the two-year statute of limitations in WV or may have failed to follow any best practices procedure regarding your claim, for your own peace of mind it would be wise to contact an attorney experienced in WV legal malpractice claims and schedule a free consultation.See question
My lawyer allowed the statute of limitations to pass and now I cannot file suit. What can I do?
If your lawyer mishandled your case, you may be due compensation through that attorney's malpractice insurance. Contact a WV legal malpractice law firm which has the knowledge and resources to research and prove your claim and call for a free case evaluation.See question
I recently received paperwork from the insurance company of the other party at fault in an auto accident requesting permission to access my medical records for up to three months prior to the accident. I was involved in a workplace injury 3 months...
One of the top five mistakes injury victims make is signing a medical release form before consulting with a lawyer. The insurance adjuster wants to know all about you, especially your personal medical history. Giving the insurance adjuster free access to all your medical history will likely result in your medical conditions being shared with other insurance companies, and your claim minimized or even denied. So, take advantage of the free consultation with a local car accident lawyer before you consider signing a medical release. You are correct -- any information you provide can and will be used against you to minimize your claim.
Filing a personal injury claim involves complex legal issues -- and any mistakes you make handling your own claim may result in the loss of your legal rights. The insurance company has a team of defense lawyers on their side, so you should speak with a lawyer before going any further with your claim.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.See question
i was a passinger in my boyfriends truck we was hit by another truck while going theu a traffic light both say it was not their fault i got hurt had staples in my haed and bruises everywhere also hurt left arm i cant remember the wreck at all so ...
In a truck collision injury case, you may be entitled to pursue compensation for past and future pain and suffering, past and future medical bills, past and future lost wages, and loss of enjoyment of life. If your boyfriend was at fault, he will not have to pay for your damages, but rather his insurance company will be responsible for your medical bills, etc. If the other driver was found to be at fault, that driver's insurance will have to pay. Part of a lawyer's responsibility is to investigate and question witnesses to bring to light the truth so the appropriate parties are held responsible.
If either of these policies are not sufficient to pay for your damages, an experienced personal injury lawyer can negotiate with your own insurance company and may find additional compensation for you. It would be worth your while to call a car accident lawyer licensed in West Virginia for a free consultation for advice in how you can best proceed and get those bills paid.
Also, if the at-fault driver was intoxicated or was guilty of grossly negligent behavior, punitive damages may also be awarded in a court of law. With each category of damages, however, there are complex laws and trial court procedures that must be strictly followed in order to prove your injuries in a court of law.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.
If you are unrepresented, there will be no one to advise you on the law and to ensure that you have met all your legal obligations -- any failure on your part to follow these strict rules will have an adverse impact on your injury claim.See question
I was hit by a person who went through a stop sign causing me to hit a telephone pole head on. I had shoulder and neck damage causing me to seek medical attention, physical therapy etc. The person insurance company called me same day offering pai...
Accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. The amount of compensation depends on a great number of variables such as medical expenses incurred and losses suffered, as well as the skill of your lawyer.
If you settled your claim within twenty days of the collision, you may still be able to engage and benefit from the help of a skilled personal injury attorney. Most good attorneys offer a free consultation -- look for a Nationally Board Certified trial attorney whose focus is car accident claims. Check out their reviews on Avvo and look on their website for credentials and track record of success.See question