Reaching the Final Settlement in Your West Virginia Car Accident Claim
After you have sustained injuries in a West Virginia car accident, the biggest concern might be moving forward with your life. Perhaps the injuries were minor in nature and you don’t believe that going to court will be absolutely necessary if you are able to work together to reach an out-of-court settlement. Sometimes, it can be as easy as talking it out over the phone so that you can reach an agreement. However, you want to ensure that you are being careful and that your rights are protected.
Never Sign Documents Without an Attorney After an Accident
Perhaps the insurance company or at-fault party is asking you to sign documents related to settlement after you have been involved in an accident, but you do not believe that it is a good idea. When you are in such a vulnerable position, it is easy for anybody to try and take advantage of you, including insurance adjusters. A few weeks after you have told the adjuster that a specific number sounds good, they might send along a check and something known as a release. You must sign the release and turn it in with the insurance company, which will bar you from bringing claims in the future. This is why you want to be absolutely sure that you are making the best decision for yourself.
Once you accept the settlement that is being offered to you for your injuries or any property damage, you will be prevented from bringing a claim against an at-fault party even if you discover additional damages to your vehicle or your injuries worsen over time. Yes, it might be true that you didn’t know, but the way the court sees it, you “should have known” and been 100% sure before you signed the documents. This is why you want to take special care to get estimates for your repairs and receive the best medical treatment possible so that you only accept a number that is completely fair.
If You Were Partially at Fault for Your Accident
Another aspect that must be considered is in regards to cases where you were partially at fault for your injuries or property damage. What you will gain from settlement depends on the amount of fault that a third party held in your case. This becomes important because, in many states, if you are seen as partially at-fault for a West Virginia car accident, the amount that you receive for your final settlement might be reduced slightly or largely based on the fault that you held in the accident. If you are worried about the fact that the settlement number might be significantly reduced, it might be time to speak with an attorney about your case.
How a West Virginia Accident Attorney Can Help
At Katz, Kantor, Stonestreet & Buckner, we realize how difficult it can be to face the aftermath of a serious car accident in West Virginia. Our skilled personal injury attorneys have helped many clients receive the best settlement as well as take matters to court when the circumstances called for it. We will help you through all of the challenging aspects in your case as you work toward the reimbursement you deserve. Please contact us to find out how our West Virginia accident attorneys can help you at 304-431-4050.