How Long Do I Have to File a Claim?
The state of West Virginia has a two years statute of limitations on personal
injury cases. This means that you have two years from the date of your
injury to file a claim or you may lose your right to pursue compensation.
Unlike some states, West Virginia has the same statute of limitations
for claims against government workers and entities, although there are
some exceptions to this. Our attorney can you help you discover how long
you have to file a claim.
What Damages Can I Recover in a Personal Injury Case?
There are three broad types of damages you can pursue compensation for in a personal injury case, economic, non-economic, and punitive. Economic damages, as the name suggests, compensates for financial losses associated with the injury you suffered such as medical expenses and the inability to work. Non-economic damages compensate for the more intangible losses an injury victim suffers such as pain and suffering and emotional distress. Because non-economic damages compensate for more abstract losses, they are also called general damages. Together economic and non-economic damages are called compensatory damages, which means that the purpose of them is to compensate the injured party for a loss. Punitive damages differ from compensatory damages in that their main purpose is the punish the defendant for their negligent behavior. Because punitive damages can be quite harsh they are often reserved for cases where the defendant knew their actions would cause harm but them anyway.
The Injury Claim Process
Every case is different, but there are usually some basic elements you can expect from the typical claim process. From start to finish, our Charleston personal injury attorney provides comprehensive guidance so that you are always in the loop.
You can expect:
- An initial consultation: Meet with Mark Troy to determine if you have a case. He will let you know what you should bring along, such as police reports, medical bills, or letters you’ve received from an insurance company. When preparing for your consultation, write down any questions you may have ahead of time to make sure you get them all answered.
- Case resolution: If we determine that you have a case and you decide to move forward with Troy Law Firm, we will pursue the maximum value of your claim. Every legal strategy is unique to the case. Mr. Troy will develop your strategy based on the specific factors and circumstances of your individual situation.
- Staying in touch: Mr. Troy is available throughout every stage of the process to answer your questions and provide important updates.
Handling Subrogation Interest & Liens
If you are injured and visit a hospital for treatment, the bill for your medical care is typically sent to your health insurance company. When your insurer pays money on your behalf, something called subrogation will occur. Subrogation ensures that your insurance company is paid back in the event of a settlement from another person’s insurance.
Subrogation law is incredibly complicated and requires the skill and knowledge of an experienced personal injury attorney. Mark Troy understands the complexities of subrogation and may be able to negotiate your lien and put more money in your pocket. He can also negotiate outstanding medical bills on your behalf with settlement proceeds, often for much less than what was originally owed.