These questions and answers are provided for general information only. Every case has a different set of facts and law that will apply to the case and a lawyer at Rist Law Offices should be contacted to discuss the specific facts and law involved in an injury victim's case.

Why does the insurance company keep calling me?

Is it OK to let the insurance adjuster record a conversation about the case?

The insurance company is offering me a settlement, should I take it?

What is my case worth?

What are damages?

How long does a lawsuit last?

Do I need a lawyer?

How much does an attorney cost?

What is a statute of limitations?

Why does the insurance company keep calling me?
Once you have been involved in an accident, the insurance companies for both parties will attempt to get as much information from you as quickly as possible so that they can settle the case. Insurance adjusters will call you and ask to take recorded statements over the phone and sometimes will ask to meet with you in person. The adjusters will also send medical releases and sometimes will attempt to settle the case by sending a check to you with a release.

Before you sign anything or provide a recorded statement to an insurance company, you should meet with an attorney to discuss your options. Rist Law Offices does not charge anything to meet with potential clients to discuss their case, no matter how long it takes. Even if you do not decide to hire our firm, we recommend that you at least talk to an attorney before you talk to an insurance company so that you can protect your rights.
Back to top

Is it OK to let the insurance adjuster record a conversation about the case?
We do not recommend that accident victims provide a recorded statement to an insurance company. If you have to file a claim, the recorded statement that you provide could be used against you later. Even if your own insurance company calls you, providing a recorded statement is not a good idea. The insurance company records these statements on dated, tape-recorder types of devices that can be hard to understand when the recording is transcribed. Also, an insurance adjuster might ask "leading" questions (where the answer is suggested in the question), in order to get information. Rist Law Offices welcomes potential clients to contact us as soon after an accident as possible so that we can protect your rights in dealing with the insurance companies.
Back to top

The insurance company is offering me a settlement, should I take it?
No. Do not accept the settlement and immediately contact an attorney. Insurance companies try to settle injury claims quickly after the injury happens for less than the full value of the case.

For example, in an automobile accident case, an insurance company may offer to "pay your medical bills." The problem with this offer is that it does not include the amount of what a car accident victim can recover, including: damages for pain and suffering, lost income, future lost income and future medical expenses.
Back to top

What is my case worth?
It is impossible to use a formula to determine how much a case is worth. Generally speaking, the facts of each case and the amount of damages an injury victim has suffered determine the potential amount of compensation that can be recovered.

Part of the initial meeting with a West Virginia injury attorney from Rist Law Offices will include an evaluation of the value of your case.
Back to top

What are damages?
Although the definition of "damages" can vary from case to case, in a West Virginia automobile accident, motorcycle accident or truck accident case, the amount of damages is generally equal to the total amount of medical bills, lost income, expected future medical costs, and expected future lost income. Someone involved in a car accident, motorcycle accident, or truck accident can also recover money for pain and suffering, which is determined by a jury.

Depending on the type of case and facts involved, punitive damages, which are damages assessed against a negligent party to punish them for their acts, can also be recovered.

When you come to your first meeting with an attorney from Rist Law Offices, bring all medical bills and medical records that you have to the meeting. This way, we can discuss your treatment and assess the damages in your case. If you do not have any records, we will be happy to obtain them for you as a part of our service to you.
Back to top

How long does a lawsuit last?
Once a lawsuit is filed, it can take anywhere from a few days to upwards of two years to resolve the case. An exact number is impossible to provide.
Back to top

Do I need a lawyer?
We believe that anyone who has been injured should, at the very least, talk to a lawyer before dealing with an insurance company. You can sit down and discuss your case with a West Virginia injury attorney from Rist Law Offices for free. Once you settle a claim with an insurance company, you will not be able to make a claim later for the same accident, even if you discover that you need additional medical attention.
Back to top

How much does an attorney cost?
Injury lawyers generally take cases on a contingency fee basis. What this means is that the lawyer is not paid a fee unless the injury victim receives compensation. This arrangement allows anyone to afford the best attorney for his or her case.

Rist Law Offices takes all personal injury cases on a contingency fee basis. We front all of the costs for the litigation, investigation, and if necessary, trial of your case. We do not recover any of these expenses unless we succeed in obtaining compensation for the client.
Back to top

What is a statute of limitations?
A statute of limitations is the time period set by law for an injury victim to file a claim against a wrongdoer. This time limit can vary, so it is important to contact an injury attorney at Rist Law Offices to discuss your options as soon as you discover the injury.

In an automobile accident, a person has two years from the date of the accident to file their claim.
Back to top