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118 Capitol Street, Suite 400, Charleston, West Virginia 25301

Personal Injury Frequently Asked Questions

The Giatras Law Firm, PLLC strives to keep clients well informed. Please review our frequently asked questions about personal injury cases and feel free to contact us for additional information.

Personal Injury Topics

Personal Injury FAQs

Should I provide a statement to an insurance company without a lawyer’s help?

It is in your best interests to only provide your contact information to an insurance company until you consult with an injury lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

Will I have to go to trial to recover damages?

About 95 percent of personal injury cases filed settle prior to trial.

What is considered “pain and suffering”?

Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.

What determines the amount I might recover?

Every case addresses three issues:

  • Liability — establishing someone’s negligence
  • Damages — the amount that will fairly and adequately compensate you for your injuries
  • Source of collection — insurance or other assets from which damages can be recovered

Is there a minimum or maximum amount that can be recovered in a personal injury settlement?

No.

What is a typical settlement amount?

An experienced lawyer reviews and interprets your case information to determine the appropriate value for your claim:

  • Incurred medical bill amount
  • Future medical bills
  • Loss of past income
  • Your age
  • Any permanent limitations caused by the injury
  • Impact on future earning capacity
  • Activities you can no longer do
  • Activities you can do but do not enjoy as much
  • Prognosis for further problems
  • Strength of lay witness testimony

The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.

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