West Virginia Courts and Laws

How Long Does it Take for a Case in WV to Reach Settlement or Trial?

When victims of an accident approach us here at the Segal Law Firm, one of the most common questions they have is, “How long will it take for my case to settle or go to trial.” The answer to this question can vary upon a variety of factors with every state, and here in West Virginia it’s no different. This being said, the average amount of time for a case to reach a jury trial is 1-2 years because information must be exchanged between lawyers.  This period of time is known as “discovery” and might include: Medical records The amount of your medical bills What your injuries are How much you suffered from those injuries How your doctor feels those injuries will affect your ability to return to work and earn a living. This sharing of information also includes lawyers on both sides informing each other of the details of their cases.  This could include information concerning their opinion of how hurt you really are or who the witnesses might be.  In complex cases, this might include expert witnesses, doctors, rehabilitation people and even economists who can accurately predict your loss in wages. Judges in West Virginia are sensitive to …

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Does West Virginia Require Mediation when Going to Court?

When dealing with a legal issue in the state of West Virginia, a very common question  one might have is whether or not mediation will be required if they go to court. Generally, most judges in West Virginia will either suggest or even order mediation for those cases filed within the state. Mediation is a voluntary process in which you and your lawyer are seated in one room, the insurance company or corporation which you are suing is seated in another room along with their own lawyers, and a mediator goes back and forth between both of these rooms in an effort to reach a dollar amount for settlement of your case. This mediator cannot force either side to reach that dollar amount, but they can offer encouragement concerning the strong or weak points of your case and what a jury might view as positive or negative should your case proceed to trial. A skillful mediator can help both you and the entity you are suing find a way to reach a compromise settlement. Segal Law Firm is involved with cases in mediation every single week, and  we encourage our clients to become part of the process, but not to …

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