How Long Does It Take to Settle a Car Accident Case in WV?

Car accident victims have to deal with injuries, vehicle repairs, medical bills, lost wages, and more, and most simply want the ordeal to be over as quickly as possible. The prospect of a long and drawn out legal process can be overwhelming.

This article will discuss the car accident settlement process, how long it may take to complete, and how an experienced car accident attorney in West Virginia can carry the burden for you.

Average Time Frames for Different Types of Car Accident Cases

It can often take between three week and two years to settle your car accident claim, depending on the severity of injuries and complexity of the matter. No two cases are alike, and for a specific estimation of your settlement time frame, call our office. We help clients in throughout West Virginia.

Minor Accidents with Clear Liability

A minor accident with clear liability, like a rear-end resulting in minor injuries, should take three weeks to three months.

Moderate Injuries or Disputed Liability

Disputed liability accidents like T-bone collisions at a busy intersection will take longer, mainly when they result in moderate injuries like a broken bone or whiplash. This could take between a month and six months.

Severe Injuries or Complex Cases

With complex multi-party accidents involving more than two drivers, passengers, or pedestrians, the case takes longer. Injuries that affect the spinal cord, cause internal bleeding, and significant burns are also severe and will take time to heal. These cases could last between three months and a couple of years.

Factors Affecting the Timeline of a Car Accident Settlement in WV

Severity of Injuries

Severe injuries take longer to treat, and longer treatment times mean estimating the full extent of your losses will take time.

Clarity of Liability

WV is an at-fault state, so the driver responsible for the accident should compensate you directly or through their insurance company. The process will be lengthened when the fault is unclear or disputed.

Insurance Company Cooperation

Some insurance companies drag out the process by refusing to cooperate. Our attorneys have a reputation for successfully dealing with insurance companies, and if your insurance provider acts in bad faith, our Parkersburg, WV injury attorneys will hold them accountable.

Complexity of the Case

Complex accidents involving three or more parties ultimately take longer to entangle. When we speak with you, we’ll listen to the details of the case and give you a candid assessment of what we expect.

Typical Stages of a Car Accident Case in West Virginia

Initial Medical Treatment and Recovery

If the accident requires you to be rushed to the hospital, this comes first. Your focus should be on your health, necessary medical procedures, and the road to recovery.

Investigation and Evidence Gathering

If the accident is mild enough that you can begin collecting evidence on the scene, you should. Otherwise, you should start this process only when you’re well enough. Evidence should show the extent of property damage (pictures and repair estimates), financial loss (medical bills and lost wages), and incidents leading up to the accident (eyewitness reports and camera footage). Finally, make sure to obtain a copy of the police report.

Filing an Insurance Claim

Once you have all the evidence you can get, file your insurance claim. In WV, this would usually be done with the insurer of the at-fault driver.

Negotiation with Insurance Companies

The insurance company will investigate your claim and then offer a settlement that you can negotiate. The best practice is to negotiate teh best settlement that the value of the health that was taken from you, or a family member, as a result of the crash or incident. The conduct of insurance companies during negotiation is regulated under W. Va. Code §33-45-2.

Potential Litigation if Settlement isn’t Reached

If you can’t settle with the insurance company, you may sue the at-fault driver and insurer for compensation. Our attorneys are experienced in litigation, and if it comes to a court case, we are willing to fight for you.

The Impact of West Virginia’s Statute of Limitations

When considering your expected timeline, it’s essential to remember the statute of limitations.

Explanation of the Statute of Limitations

The statute of limitations refers to the law stating the timeframes within which you must institute legal action. In WV, W. Va. Code §55-2-12 requires that actions for property damage or personal injury be brought within two years. For wrongful death suits, W. Va. Code §55-7-6 also requires any lawsuit to be filed within two years.

Factors that Can Delay a Settlement

Disputes Over Fault or Damages

Any disagreement over who was responsible for the accident (especially in at-fault states like WV) and disputes over the claimed and actual damages.

Ongoing Medical Treatment

Longer medical treatments prevent the injured from reaching maximum medical improvement or the point at which it is safe to accept a settlement without the risk of other medical complications arising.

Insurance Company Tactics

Insurance companies use underhanded delay tactics to frustrate people into accepting less than they should.

Court Backlog 

When you intend to sue, but the court has a lot of cases to get through, it could take a long time for proceedings to begin for your case.

Ways to Potentially Speed Up the Settlement Process

Prompt and Thorough Documentation

Keep a good record of all your evidence and correspondence with the insurance company.

Clear Communication with Insurance Companies

Clarity is important when communicating with the insurance company. Statements that may be misconstrued must be avoided.

Realistic Expectations for Settlement Amounts

Do not try to claim over-the-top damages. It will likely lead to disputes that will lengthen the process. Claims should be realistic and backed by evidence you’ve presented.

The Role of an Attorney in Expediting Settlement

Efficient Case Management

They are likely to handle the case better, from investigation to evidence gathering and presentation, from filing claims to decision-making.

Experienced Negotiation with Insurance Companies

Since they’ve dealt with insurance companies often, they know all their tricks and can see through it all to get the best possible settlement for you.

Preparation for Potential Litigation

Extensive legal knowledge on your side increases your chances of success in litigation. Call a car accident lawyer in Morgantown, WV if you want to have an experienced attorney on your side.

Settling Quickly vs. Settling for Fair Compensation

Should you prioritize settling quickly or prioritize settling fairly when facing a potentially long settlement fight?

Risks of Early Settlement

Many times, insurance companies attempt to settle quickly but not fairly. So, the first offer or first few offers will be less than you should get but good enough to make you consider them. Once you accept, you will be unable to ask for more.

Importance of Understanding the Long-Term Impacts of Injuries

Within the first few weeks, you likely do not fully understand the long-term implications of your injuries. When you accept an early settlement during this period, you do so without a clear picture of the extent of your damages.

What to Do While Waiting for Your Settlement

Here are some dos and don’ts while waiting for your settlement:

Continuing Medical Treatment

Continue your recovery if you haven’t fully recovered yet. Ensure you keep up with your medications, checkups, and therapy sessions.

Keeping Record of Expenses and Losses

Continue to note and keep evidence of every loss, expense, or limitation that results from the accident.

Avoiding Social Media Posts About your Case

Social media posts could be used as evidence to reduce your potential settlement.

Contact Us for a Free Consultation on Your Car Accident Case

If you were injured in a car accident, call the West Virginia personal injury lawyers at Miley Legal. We will listen to the details of your case, speak with you about your options, and pursue justice on your behalf.