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What is a structured settlement?
Whether you negotiate prior to filing a lawsuit or you reach an out-of-court settlement while pursuing a lawsuit, you'll have to decide how you receive the settlement funds. A structured settlement is one type of settlement received in a personal injury case. Instead of accepting a lump sum payment, the settlement amount is disbursed over a fixed period of time. The structuring of these payments can vary.
How a Structured Settlement Works in a Personal Injury Case
When reaching a settlement in a personal injury case, it's important to create a payment plan that best fits an individual's needs. There are many different ways a structured settlement can work. Let's say an accident victim needs a large amount of cash right away to pay for the medical bills incurred. The initial payment could be larger than future payments.
Other options may include delaying, increasing or decreasing payments. Many different factors will determine the best way to spread out the settlement. For instance, someone might want to ensure there's enough money for lost wages while recovering from injuries. Others might want to put money aside to pay for college.
Choosing between a Structured Settlement and a Lump Sum Payment
There are advantages and disadvantages to both, which is why it's important to seek advice from a financial expert if you reach a very large settlement. For example, a lump sum amount sounds tempting.
But if the claimant doesn't have the ability to discipline his/her spending, it could be gone in a short amount of time. An example of a disadvantage to a structured settlement is when a sudden need arises related to the accident injuries; the structured payments may not fully cover the expense.
Talking with an attorney can help in choosing the right type of settlement. But legal counsel can also help with negotiating the amount of the award. How the money is paid out will only matter once reaching a fair settlement. It's critical to make sure the settlement addresses all financial, physical and emotional losses.
Call the Miley Legal Group in Clarksburg for legal help and consultation. Contact us at 304-931-4088 or use our online contact form to set up an appointment.
How long does it typically take to settle a West Virginia personal injury claim?
When you file a personal injury claim, you begin a journey that you hope will eventually provide compensation for pain and suffering. Your West Virginia personal injury lawyer will take care of the legal aspects of the case, but even with excellent representation the process can take time.
There is a lot of paperwork involved in a personal injury claim, and a great deal of investigating the details of the accident. The duration of the case also depends on the extent of your injuries.
A case can't be settled until a medical professional makes a prognosis of your recovery and the challenges you will face in the future. It may be difficult at first to determine how an injury or illness will affect you in the short and long term; doctors need time to make an accurate evaluation.
It can be difficult to estimate how long any particular case will take to reach a resolution, but a general estimate of a personal injury case's duration may be is around 1-2 years. Your West Virginia personal injury lawyer will be there throughout the process to keep you updated on your case's progress, and to answer any questions you may have along the way.
Contacting a West Virginia Personal injury Accident Lawyer
If you've been hurt in an accident through no fault of your own, you have legal options. The Miley Legal Group is here to help you understand the legal process for filing a personal injury claim. Order our free book for tips and advice on what to do following an accident, and call us with any questions. We'll fight for your right to compensation and make sure you're treated fairly. Call 304-326-1800.
Do West Virginia personal injury claims usually go to court?
No, personal injury claims do not usually go to court.
Many parties will attempt to settle out of court, so the case will only go to court if no agreement suitable to both parties has been made and if your West Virginia personal injury attorney believes you have a strong case.
If the victim refuses the offer, the party at fault may try to counteroffer with a larger amount of compensation. They may also use arbitration or mediation with a third party.
If no agreement can still be reached, the victim may then have the case go to trial to have a judge decide. This is so the victim can get fairly compensated for his injuries. Although victims should not expect a multi-million dollar judgment, the victim should be reasonably compensated for:
- lost wages;
- medical bills; and
- pain and suffering.
There are many advantages to settling personal injury claims out of court. First, court cases can be costly, with court and lawyer fees. Court cases can be lengthy and stressful for all involved. Settling out of court helps the victim get back to a normal life quicker.
Settling in court has its advantages as well. First, if you let the judge decide your case, you can often receive a bigger award. You will have the opportunity to explain what happened and have it documented in the court of law. In addition, if the case doesn’t go in your favor, you can file an appeal.
Your personal injury attorney can determine whether or not you should settle out of court. He or she can review any settlement offers with you and inform you of the amount of compensation you should expect to receive in your situation.
Contact a West Virginia Personal Injury Attorney
The Miley Legal Group has handled many personal injury claims and will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation – 304-326-1800.
What can a Bridgeport injury lawyer do for me if I suffer injury because of a hunting accident in West Virginia?
There can be more than 1 cause of a hunting accident in West Virginia, but no matter what way one occurs, it can lead to serious or even fatal accidents. If you're facing serious consequences of injuries that you've endured on your hunting trip, know that a Bridgeport injury lawyer can help you collect the compensation you need and deserve.
Your Bridgeport Injury Lawyer Can Help Prove Liability
Considering there can be an array of reasons that caused or led up to your hunting accident in West Virginia, there may be more than one liable party to file a claim against:
- another shooter;
- the landlord of the hunting site;
- a manufacturer of equipment;
- an importer of equipment;
- the designer of equipment;
- an engineer of equipment;
- a retail store where you bought your equipment; and
- the person or company responsible for mislabeling equipment.
By having an attorney represent your case, you have a better chance of pursing a claim against all parties liable for your injuries.
How a Bridgeport Injury Lawyer Evaluates Your Case
Your lawyer can successfully evaluate your case by taking into consideration key factors of your accident such as the following:
- where it happened;
- what was being hunted;
- what type of weapon was being used;
- how it happened;
- who caused it; and
- the severity of your injuries and damages you have sustained.
Injuries from a hunting accident in West Virginia usually have a second party involved that may be identified as at fault. Most hunting accidents are caused by accidental shooting and tree stands, therefore, it would be wise to contact an attorney to see if you have a claim worth pursuing.
Contact a Bridgeport Injury Lawyer
Be careful this hunting season because it can lead to potentially serious or fatal accidents. If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.
How is pain and suffering calculated after a car accident in Bridgeport, West Virginia?
When you have been injured in a car accident in Bridgeport, you could be entitled to compensation that goes beyond your medical expenses and lost wages. You may also qualify to receive compensation for pain and suffering. A West Virginia injury claim can address all of your losses.
When someone else's careless or reckless actions lead to an accident, and you suffer serious or life-threatening injuries, you are dealing with more than just medical bills and missed time from work. You could undergo pain and undue suffering. However, determining the value of pain and suffering can be complicated.
No two cases will look alike. No two injuries will be the same. The effects of an accident and the resulting injuries will differ in every circumstance, which is why putting a price on pain and suffering is so difficult.
Several factors will play into the value of pain and suffering. Some of them include:
- the patient's tolerance for pain;
- the existence of any pre-existing injuries;
- the effect on daily living and functioning;
- type of job/income;
- age; and
- type of medical treatment received.
There could be a number of other factors that will play a role in how much pain and suffering compensation an individual is entitled to.
When you have suffered serious injuries in a car accident in Bridgeport, then you may be entitled to compensation through a West Virginia injury claim. Seeking help from an attorney who handles these types of claims is the best way to learn what your rights are and what steps you need to take in order to protect them.
Contact a Bridgeport Car Accident Lawyer
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 1-304-326-1800
What sorts of comments after an accident in Clarksburg will really harm my West Virginia personal injury claim?
There are a number of comments you may make after an accident in Clarksburg that can be used against you or come back to haunt you.
Even seemingly innocent comments such as apologizing for the crash can be detrimental to your West Virginia personal injury claim. If you have any intention on filing a West Virginia personal injury claim, you want to make sure that you do everything you can to protect your case. This means using caution in what you say.
This is why it's vital that you say as little as possible and instead, speak immediately with a Clarksburg personal injury lawyer. Even though you may not be able to take back what you said at the scene, the days and weeks that follow can still have a profound effect on the outcome of your West Virginia personal injury claim.
Your attorney will caution you about some of the comments that you should avoid making after your accident in Clarksburg, including:
- I'm not hurt and don't need any medical attention;
- I think I know what caused this accident;
- The accident was my fault;
- Sure I will provide a recorded statement; and
- I will accept your offer.
You must use caution in what you say to everyone involved in the accident in Clarksburg. This includes the police officer making the report, the other party involved in the accident, witnesses and the insurance company.
When you do have to speak about the case, stick to the facts and don't offer any more information than necessary. It is best to consult with a Clarksburg personal injury lawyer as soon as possible. A Clarksburg personal injury lawyer will help you understand the best way to protect your West Virginia personal injury claim, even when that means biting your tongue.
Contact a Clarksburg Personal Injury Lawyer
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.
What is subrogation and what does it have to do with my West Virginia personal injury claim?
Subrogation is a common occurrence in a West Virginia personal injury claim. It is when your insurance company seeks to recover the damages it paid to you from the party or parties responsible for the accident.
Insurance companies are not in business to pay out claims - they want to keep as much of their money in their own pockets. Therefore, when they are required to pay a settlement on a West Virginia personal injury claim they will often take part in subrogation to recover their losses. Subrogation will look at all available sources of recovery that the insurance company can pursue in order to recover the money they paid toward your damages.
The process of subrogation does not occur in all West Virginia personal injury claims. If you were found to be at fault for the accident, your insurance company may find a subrogation claim filed against them as well. Subrogation can occur between your insurance company and another driver's car insurance, your health insurance, or any other medical insurance that paid for your treatment.
Your Clarksburg personal injury attorney will keep you informed about any subrogation proceedings that take place after your initial West Virginia personal injury claim is settled. While it should not impact your settlement, it is best to keep aware of all proceedings in your case for future reference. In the days surrounding the settlement of your case, having a Clarksburg personal injury attorney who is on point with all issues surrounding your claim, including subrogation, will allow you to rest and focus on recovery.
Contacting a Clarksburg Personal Injury Attorney
Filing a West Virginia personal injury claim can be frustrating and demand a considerable amount of time that you could be spending recovering from your accident. A Clarksburg personal injury attorney can help take some of the stress out of filing your claim and help you obtain the compensation you deserve.
Order a free copy of our West Virginia accident guide, The 7 Biggest Mistakes that Will Wreck Your West Virginia Accident Claim, then contact the Clarksburg personal injury attorneys at The Miley Legal Group to schedule a FREE consultation - 304-326-1800.
What compensation is available through a West Virginia personal injury claim?
The compensation you can recover in a West Virginia personal injury claim depends on the specifics of your accident and the extent of your injuries. Since each accident is unique, the compensation you may be able to recover will also be unique to your circumstances.
In order to maximize the compensation you can receive, you'll want to speak with a Clarksburg personal injury attorney about the damages available for you to seek. There are general types of compensation considered during the claims process.
Common types of compensation that may be awarded in a West Virginia personal injury claim include:
- medical costs (including future costs);
- lost income (including future income);
- rehabilitation costs; and
- pain and suffering.
Compensation in a West Virginia personal injury claim is generally divided into economic and non-economic damages. The economic damages will take into consideration your lost wages, medical bills and other expenses that you can prove through bills and receipts. Non-economic damages consider factors such as pain and suffering that do not have a specific monetary value.
Your Clarksburg personal injury attorney will look at the specifics of your case to determine a fair compensation amount. This includes looking at the evidence surrounding your accident and the extent of your injuries. While a Clarksburg personal injury attorney will strive to have your present expenses compensated through your claim, they'll also include future financial needs related to your injuries.
Contact a Clarksburg Personal Injury Attorney Today
A Clarksburg personal injury attorney can evaluate your case and determine liability, and help explain your legal options for recovering compensation, including the possibility of filing a West Virginia personal injury claim.
The Miley Legal Group will fight for the compensation you deserve and help you move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.