Before a personal injury case is settled, whether it is through the insurance company or the courts, there are a few steps that should be taken to ensure the case is ready to be closed. The first thing an accident victim should do is consult with a West Virginia personal injury lawyer to find out if the settlement that was offered is fair and reasonable.

All too often are accident victims handed an offer from the insurer or the at-fault party and aren’t sure if they should take it. Many also don’t know if there are any alternatives to accepting the settlement. The truth is, accident victims don’t have to accept the first settlement offer they receive. They or their personal injury attorney can negotiate with the other party in an effort to try and get them to increase their offer.

Of course, they will need to be prepared to back up their request for more money with evidence.


When the Settlement Amount Could be Higher


If an accident victim learns that their settlement offer is a little low, their next step is to actually start the negotiation process. When an individual, or their attorney, attempts to negotiate the value of their claim, they need to be sure all of their damages that are covered are accounted for. Some of the things they should consider include:

  • Does the settlement cover most or all of their medical expenses?
  • Are they being compensated for their pain and suffering?
  • Is there any amount included in the settlement that covers lost wages?


It’s important for an accident victim to walk away from their case with a settlement that is going to compensate them for the inconvenience the accident has caused them as well as cover some or all of the accident-related expenses they incurred. If an accident victim’s settlement is only enough to cover their legal fees and pay back their health insurer who may or may not seek reimbursement for the care it covered after the accident, they are then advised to speak with a West Virginia personal injury lawyer.


The Attorneys at Kaufman & McPherson, PLLC Will Fight for a Fair Outcome


Accident victims need to be aware that once they accept a settlement, their case will close, and they may not be entitled to recover any additional compensation for their injuries and losses. Therefore, it would be wise for an individual to discuss their settlement with a personal injury attorney in WV before making any permanent decisions on their case.

If an individual was recently involved in a car accident, slip or fall accident, or any other type of incident in West Virginia and they want to be sure the settlement they received is fair, they can contact Kaufman & McPherson, PLLC at 304-449-5161 to receive a case review.


Kaufman & McPherson, PLLC can be reached at:


16 Sterling Drive, Suite 205

Bridgeport, West Virginia 26330

Phone: 304-449-5161


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