What is the Time Limit on Charleston Car Accident Claims?
Car accident victims need to be aware of the West Virginia personal injury statute of limitations, which is two years from the date an injury occurs. This means that a car accident victim has a two-year window with which to file a lawsuit against the alleged negligent party. If they fail to file a claim on time, they will lose the ability to recover any compensation for their losses.
However, this statutory timeframe has no bearing on deadlines put in place by insurance carriers. Most auto insurance carriers require that a car crash be reported within a day or two after the incident occurs. Failing to report an accident to an insurance carrier in a timely manner could result in the claim being delayed or denied by the insurance carrier, further complicating an injury victim’s ability to recover compensation.
How Long Does a Car Accident Claim Take?
How long a car accident claim takes to resolve is unique in each case based on factors such as its complexity, whether fault is disputed, and the severity of your injuries. In the best-case scenario, the insurance company will settle your claim for fair compensation within 30 days. However, here is an alternative timeline to give you a general idea of how long a car accident claim can take:
The First Six Months
The first six months are typically dedicated to recovering if you are severely injured. Generally, it is advised to wait on settling until you fully recover or reach maximum medical improvement (MMI). That way, you understand the full extent of the impact of your injuries now and in the future, both physically and financially. During this time, your Charleston vehicle crash lawyer will investigate which parties are liable and preserve evidence to support your claim. Once you heal, your Charleston vehicle accident attorney will skillfully draft and send a demand letter to the at-fault party’s insurance company stating the amount of compensation you need to resolve the case, which will begin negotiations.
Months Six to 12
If you cannot reach an agreement with the insurance company, you and your car crash attorney may choose to file a personal injury lawsuit. In West Virginia, you typically have two years from the date of the accident to file suit under the state’s statute of limitations law. Keep in mind that your case can still settle at any point, and frequently, filing a lawsuit is enough pressure to get an insurer to resolve the claim out of court.
Months 12 to 18
The discovery portion of your lawsuit begins and will take up the majority of the litigation process. Both sides to the case will often send interrogatories (written questions), take depositions, hire expert witnesses to testify, and you may have to participate in an independent medical examination at the defense’s (at-fault party’s) request.
Months 18 to 24 and Beyond
The remaining time can involve further negotiations, possibly mediation and trial. If your case reaches the courtroom, a trial can take anywhere from a few days to several months to complete. If you are awarded compensation, it will typically be disbursed to your attorney within 30 days of successful mediation or a favorable verdict.
