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  1. #1
    Join Date
    Jun 2009
    Location
    West Virginia
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    28

    Default Settlement "Additur"

    My question involves an injury that occurred in the state of: WV

    Can anyone tell me if a settlement additure is valid in the state of West Virginia?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Settlement "Additur"

    Additur is a post-verdict remedy - the judge is asked to review a jury verdict to decide if it is too low and should be increased.

    As a settlement is in an amount you agree to accept, I'm not aware of any state that offers additur as a post-settlement remedy.

  3. #3
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Settlement "Additur"

    yes, of course you are right.
    I didn't explain myself very well.
    what I really want to know is the "additur" law valid in WV?
    what are the chances that a judge wouldn't allow all the medical bills to be paid?

  4. #4
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    Sep 2005
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    Default Re: Settlement "Additur"

    Are you stating that a jury rejected part or all of your claim for medical bills, perhaps because it didn't believe you owed the medical bills or didn't believe that the bills were related to the injury? Or are you stating that you realized after-the-fact that you should have negotiated for more money when settling your case?

  5. #5
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Settlement "Additur"

    Actually my case has not been settled or gone to trial yet.
    But the way my lawyer stated things, he said that if it goes to trial, there is the possiblilty that i would not recieve enough of a settlement to pay the medical bills, which of course has had me terrified.

    I did not agree on the amount of settlement that he said he could get.
    and so then he dumped me as a client.
    the insurance company was still way below even his idea of a settlement amount.

    There is the possiblilty that the insurance company will try and say that this was a pre-existing condition. I personally don't feel that it was, i was never told by any doctor prior to the accident that i had this condition.
    But either way i will be in pain for the rest of my life.

    None of the doctors in my area will treat a motor vehicle accident patient, my own general practioner (of about 4 years) told me she wouldn't see me again.
    so i haven't been seeing a doctor, which makes it seem like there is nothing wrong with me. I have had splitting headaches everyday since the accident which was 15 months ago.

    And there are even more things that have occurred, that I can't really prove.
    Even my knowing these things have happen, i have a hard time believing them, so how is a jury going to believe them!

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Settlement "Additur"

    Good question. But you should expect that the judge will go with whatever the jury finds, as that's what usually happens.

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