What Are the Traps?

There are lots of surprises and traps in every injury case. Here are some of the most obvious ones that can surprise you and perhaps limit your rights to recover for your injuries.

Release Trap
Signing any document that uses the word, 'Release', could be a problem. Read it carefully to see what you are releasing. An attorney is best to know the effect of a release. But you can, and should, read it, too.

Hit and Run Trap
In hit and run accidents, where the driver of the at-fault vehicle is unknown, you must notify police within 24 hours of the accident and within 60 days you must notify all motor vehicle insurance carriers that a hit and run occurred. Remember this applies only when the identity of the driver or owner of the vehicle is unknown.

Underinsured Motor Vehicle Coverage Trap
For severe injuries, when the at-fault driver's insurance company offers to settle, you will lose your underinsured motor vehicle coverage claim unless you get consent to settle from your own underinsured motor vehicle insurance carrier. You do not have to collect every penny of insurance available from the other party's liability insurance carrier to qualify for underinsured motor vehicle coverage, but you should if at all possible.

Snooze and Lose
Delay in processing your claim can limit or end your legal rights. Remember for any West Virginia injury, you must settle or sue before 2 years after the accident date. Other time limits apply for minors and in other situations. For example, a one year time period is allowed for intentional infliction of emotion distress and other personal damage claims like slander and libel. Also, if the design or construction of an improvement to real estate, such as a roadway surface, a wall or a building, is a cause of the accident, your law suit must be brought before 10 years after the actual completion of the improvement, regardless of when the injury occurs. A suit for poor maintenance of an improvement to real estate would not be subject to this 10 year rule.

Warning on All Traps
If you miss any of these or other mother-may-I traps, you may lose your claim. It is that simple.