Legal Question in Personal Injury in West Virginia

Re: Auto Accident - Pain and Suffering claim

The previous posts are accurate. I would add that a DUI claim open the door to the issue of punitive damages. Its gets tricky since you do not want to lose insurance coverage but it nonetheless is a factor that puts you in a position to ask for the "policy limits". The failure to accept a reasonable settlement and expose the insured to punitive damages could be a basis for bad faith liability.

I would also take cauion with defining the nature and extent of injury [ie permament or complete recovery] certainly prior to any settlement discussions. At trial economic experts are retained to ascertain the loss earnings impact and other damages.

I also think that there is probably a close familial relationship to open the door to emotional distress damages. Witnessing injuries & experiencing the distress arising therefrom can also be actionable and is a separate claim for injuries altogether.

Re: Auto Accident - Pain and Suffering claim

There's no set formula for damages. There is as to whether you need a lawyer. If you are injured, you need one. Period. Insurance co. statistics are clear that cases with lawyers settle for more than 50% more than those without, as a general rule. That means that the lawyer will more than earn his/her fee. The insurance companies have adjusters trained to make you feel good getting ripped off, because you have no clue.

Re: Auto Accident

Hopefully your wife has seen a doctor. You should demand

atleast four times the total medical bills for all of you and settle for

three times. As far as the missed time from work as long

as a doctor released her from work she should recover all

of what she would have made had she been able to work. So

say that her medical bills were $3000 and you and your daughter's

were both a $1000. Make a demand for your wife for $12,000 and accept

no less than $9,000, and a demand for you and your daughter of

$4,000 each and accept no less than $3,000. As far as the lost

time from work just add whatever she would have made to the

medical bills demand, do not multiply that though.

Good luck. If you have any further questions please feel free

to email me at [email protected]