How to Calculate a Fair Settlement Value for Soft Tissue Injuries After a Motor Vehicle Accident in West Virginia
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
1. Understanding West Virginia’s Legal Framework
West Virginia law applies a pure contributory negligence rule. If you bear any fault for the accident, you may be barred from recovery (W. Va. Code § 55-7-13). Personal injury claims must be filed within two years of the crash (W. Va. Code § 55-2-12).
2. Calculating Special (Economic) Damages
- Medical Expenses: Sum all current and expected future treatment costs (doctor visits, physical therapy, diagnostics).
- Lost Wages: Document time missed from work and project future income loss if your recovery extends beyond trial.
- Out-of-Pocket Costs: Include prescription costs, transportation to appointments, and medical equipment.
3. Estimating General (Noneconomic) Damages
Soft tissue injuries typically involve pain, suffering, emotional distress, and loss of enjoyment of life. Two common valuation methods are:
- Multiplier Method: Add your economic damages and multiply by a factor (usually 1.5–5). Choose the multiplier based on injury severity and recovery timeline.
- Per Diem Method: Assign a daily rate (e.g., $50–$200) for each day you experienced symptoms. Multiply by the number of days from accident to maximum recovery.
4. Adjusting for Contributory Negligence
Because West Virginia bars recovery if you share any fault, evaluate carefully whether the defendant’s negligence was the sole cause. If the defense argues contributory negligence, it may nullify your entire claim.
5. Presenting Your Demand Package
- Compile Medical Records and Bills: Chronological summary plus invoices.
- Prepare a Demand Letter: Detail facts, liability argument, special and general damage calculations, and a settlement figure.
- Include Supporting Documentation: Doctor’s reports, pain journals, wage statements, and expert opinions if needed.
Helpful Hints
- Keep a detailed pain journal to document daily limitations.
- Obtain a medical expert’s written prognosis for future care needs.
- Track all out-of-pocket expenses related to your injury.
- Gather witness statements or photos that demonstrate your injury’s impact.
- Consult an attorney early to ensure you meet strict procedural deadlines.