Legal Question in Personal Injury in West Virginia

Re: What is a fair settlement amount for a car wreck with whiplash ?

This is the most common question a lawyer will entertain from a prospective client. In short, the answer depends on the amount that the lawyer believes that a jury would award following a trial. That amount is dependent upon his professional judgement which includes consideration of a multude of factors, including: what was the severity of the injury, the residual injury, the medical costs, the facts of the accident (the degree of culpability), the severity of impact, the proclivity of local juries, the quality of witnesses which will be presented by both sides. It is common for a claims adjuster to offer the smallest amount he thinks you will take. It is not the rule that an adjuster will be generous nor consider all of the real factors involved. His/her job is to get a release and close the case at the least cost. You should consult a lawyer. Representation could be on an hourly basis or on a contingency basis. You should be able to find a lawyer who will review the details the case and give you a range of expected verdicts. You can then evaluate the secondary and personal factors, such as having to wait for suit and trial, stress, need for immediate cash, etc. before making a counter offer.