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Personal Injury Common Questions

Answering Questions About Accidents in West Virginia

Getting injured in an accident can be a traumatic experience, especially if you or a loved one’s rights are being ignored or taken advantage of. At Mani Ellis & Layne, PLLC, we are dedicated to combating that type of legal injustice. We are aware of the pain that a personal injury can bring to you and your family. Fortunately, you don’t have to face that pain alone – we can provide you with the assistance you may need. Our well-trained firm specializes in many different types of personal injury cases. We possess a well-equipped and attentive team that has received many favorable outcomes in our cases. We can provide you with a reliable West Virginia personal attorney to work alongside you. We are determined to earnestly, thoroughly, and vigilantly working on your case with you. With your case in our hands, we will firmly and confidently stand up for you. We won’t give up on you or your case. We hope to bring to you and your loved ones the outcome that you are entitled to.

Talk to Mani Ellis & Layne, PLLC today!

We fully understand the pain than an accident can bring, so our firm is sensitive to the difficulties that are related to making the decision of whether or not to bring an attorney into your case. We understand that you may have some questions and concerns regarding your case and what we can do for your case. In order to hopefully help you, we have provided a list below of some common questions and our answers to help you understand our firm a little more. If you have any more questions, concerns or comments about your injury case, don’t hesitate to contact us today. We hope that you will consider us to serve your legal needs.

Common Questions

How much will my claim be worth?

All personal injury claims are evaluated on an individual basis. Some injury claims could have very large settlements, while others are less, based upon the long term impact on the injured. We advise you to get a free case evaluation from our West Virginia personal injury lawyer so that you can have a better idea of what to expect with regard to a settlement, or a verdict at trial.

How do I know if I have a case?

All personal injury cases involve the issue of negligence. If another party, whether an individual or corporation, has failed to exercise reasonable care for the safety of others, and injuries took place, they can be held accountable. In a medical malpractice claim, the issue will be breach of duty of care – did the physician or other medical professional fail to provide the accepted level of care or treatment? This is the treatment that another similar medical professional would have done under similar circumstances. If you believe you may have an injury case, we urge you to contact us so we can move forward with the necessary legal action for you.

Will my case be settled or go to trial?

Most cases are settled prior to trial. There are some cases in which the negligent party fights back and refuses to pay fair compensation, based on a variety of possible factors. It is critical that you are represented by an attorney that has extensive trial experience and a record of success, in either case. When the insurance company is aware that you are represented by an aggressive team of trial lawyers, they often are more willing to come through with a settlement that reflects the actual degree of injuries in the case.

When should I contact an attorney?

We would encourage you to contact an attorney as soon as you can. The closer to the accident, the better. Our firm wants to be able to give you the legal support that you deserve. In order to do that, it would be helpful to begin working with you and your case fairly close to the time of the accident. So if you or someone you love have been the victim of a recent accident, and have an injury as a result, contact an attorney today.

What is the purpose of the evaluation form?

Filling out our free evaluation form will allow our firm to know just exactly what you or a loved one may need help with. The case evaluation will allow us to have better understanding as to how we can meet the specific needs associated with your claim and to accommodate you with the appropriate lawyer that would fit with you and your case.

What should I do if I am offered a settlement by the insurance company?

Based upon the settlement that the insurance company is offering you, you may still want to consult a lawyer. It is possible that your case deserves more than the insurance company is willing to give. It is also helpful to just meet with an attorney to know the options that you have in regards to your personal injury claim. Since there are a variety of things that may have contributed to your accident, it is always good to meet with a lawyer to make sure that you are receiving the correct compensation.

Can a health care insurer be repaid from a personal injury settlement?

Yes, this happens commonly. Many health insurance policies have arranged for the insurance company to be repaid for the amount paid out on medical bills if the insured person gets a personal injury settlement. Depending on the unique laws in each state, you may be able to deduct attorney’s fees and costs from the total amount that is owed to your health insurer. We can help you determine if this is possible for your case.

What is the statute of limitations?

The statute of limitations (SOL) is the amount of time that you have available following an injury or accident to take legal action. In the state of West Virginia, for example, in a personal injury case involving negligence, you would have two years following an accident (with the discovery rule) to file a claim. You would also have two years for medical malpractice and product liability claims.

How do I collect my personal injury award?

If the person against whom you filed an injury claim has insurance, the easiest way to collect your settlement is to notify the insurance company of the judgment. In most cases, the insurance company will already be aware of it and they will usually write a check for the damages up to the limit of that person’s insurance policy. If the other person is uninsured, things will be much more complicated. You will have to have the judgment “entered” with the court and then from there, you can seek to enforce the judgment. It is wise to enlist the help of a legal professional for this process.

Why should I hire a Mani Ellis & Layne PLLC attorney?

At Mani Ellis & Layne, PLLC, we are dedicated to providing vigorous legal aid – we won’t give up on your case. We also are devoted to our clients and their needs – you will be included in the development of your case, which can give you confidence and understanding in regards to the current state of your claim. Our firm also is equipped with an excellently trained and accomplished team, so you can be assured that your case will get the attention and care that you and your family are entitled to. Our team is well versed in the West Virginia area as well. We hope to give your case the time and attention that it calls for.

Is there a minimum or maximum personal injury settlement amount?

No. There is neither a minimum nor a maximum settlement amount, and the amount you will be able to recover depends on a variety of factors such as the nature and extent of your injury, the amount of economic damages, and the amount of time that the injury is expected to last.