Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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UM or UIM Auto Claims Lawyer in Marlinton

Recover What’s Owed

Understanding Uninsured and Underinsured Motorist Coverage

If you were injured in a collision in Marlinton and the at-fault motorist lacks sufficient insurance, uninsured motorist (UM) and underinsured motorist (UIM) coverage can matter a great deal to your recovery. This guide explains how UM and UIM claims work in West Virginia, what steps to take after a crash, and how Stephen New & Associates in Beckley can help you navigate insurance negotiations and claims. We handle matters including medical bills, lost wages, and long-term care needs for injuries such as traumatic brain injury, spinal cord injury, and other serious harms, and we can be reached at 304-355-5565 to discuss your situation confidentially.

Many people do not realize that UM and UIM coverage exists to fill gaps left by underinsured or uninsured drivers, and pursuing these claims requires careful documentation and timely action. This page outlines the claims process, typical obstacles insurers may present, and practical tips for preserving evidence and protecting your rights. Whether your claim involves a hit-and-run, a driver with insufficient limits, or disputed liability, understanding deadlines, policy provisions, and what to document will increase your ability to obtain a fair recovery under the UM or UIM portion of an auto policy in West Virginia.

Why UM and UIM Claims Matter for Injured Drivers

Pursuing a UM or UIM claim can secure compensation for medical expenses, lost income, and other losses when the at-fault driver cannot fully cover your damages. These claims are often the primary pathway to meaningful recovery in hit-and-run incidents or crashes caused by uninsured or underinsured drivers. Successfully resolving a UM or UIM claim usually depends on careful preservation of medical records, clear documentation of economic and non-economic losses, and convincing presentation of liability and damages to an insurer or, if necessary, a court. Knowing your coverage options and policy limits helps you make informed decisions about settlement and litigation.

About Stephen New & Associates — Serving Beckley and Marlinton

Stephen New & Associates is a personal injury law firm based in Beckley that represents clients across West Virginia, including Marlinton and Pocahontas County. The firm handles a broad range of injury matters such as car and truck accidents, medical malpractice, wrongful death, workplace injuries, and UM/UIM auto claims. Our approach focuses on clear communication with clients, careful case preparation, and measured negotiation with insurers. We work to identify all available sources of recovery, whether through another driver’s policy, your own UM/UIM coverage, or other claims like product liability or premises negligence when applicable.

How UM and UIM Coverage Operates in West Virginia

Uninsured motorist coverage applies when the at-fault driver carries no liability insurance, while underinsured motorist coverage applies when the at-fault driver’s limits are insufficient to cover your damages. In West Virginia, policy language and statutory provisions determine how and when UM and UIM benefits are available. Filing a UM or UIM claim requires submitting proof of injury, medical treatment, and economic loss, along with evidence that the other driver was uninsured or that their policy limits were inadequate. Timely notice to your insurer and prompt preservation of records are essential steps to protect your claim and avoid procedural pitfalls that can delay or jeopardize recovery.

Common issues in UM/UIM claims include contested liability, disputes about the value of future medical care, and complex policy terms such as offsets or exhaustion of primary coverage. Insurers may argue that your injuries are unrelated to the crash or that prior conditions explain your symptoms, so maintaining contemporaneous medical documentation and clear treatment notes is important. Additionally, policy provisions about stacking, arbitration clauses, and consent requirements can affect the available recovery. Understanding these details early on helps you evaluate offers, pursue mediation or litigation if needed, and make informed choices at every stage of the claim.

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Key UM/UIM Terms You Should Know

Uninsured Motorist (UM) Coverage

Uninsured motorist coverage is an insurance benefit that provides compensation when an at-fault driver has no liability insurance and you suffer injury or loss. UM coverage typically covers medical expenses, lost wages, pain and suffering, and other damages up to the policy limit on your own automobile insurance. To successfully make a UM claim, you must usually show that the other driver lacked insurance, that you suffered a compensable injury connected to the accident, and that you complied with your own policy’s notice and proof requirements. UM coverage serves as a safety net when another driver’s lack of insurance leaves you with uncovered losses.

Underinsured Motorist (UIM) Coverage

Underinsured motorist coverage applies when the at-fault driver carries liability insurance but their policy limits are too low to fully compensate you for your losses. UIM coverage can bridge the gap between what the at-fault driver’s insurer pays and the full amount of your damages, subject to your policy limits and any applicable offsets. Making a UIM claim requires documentation of your total damages and evidence of the shortfall in the at-fault party’s coverage. Policy language governs how UIM benefits are calculated, whether stacking is allowed, and how settlement credits from the other insurer affect the UIM recovery.

Policy Limits and Stacking

Policy limits are the maximum amounts an insurer will pay under a given coverage; they directly affect how much can be recovered through UM or UIM claims. Stacking refers to combining coverage limits from multiple vehicles on a policy to increase total available benefits, and state law and policy terms determine whether stacking is permitted. When limits are low, injured parties may rely on stacking or pursue additional sources of recovery, such as supplemental policies or third-party claims, to cover medical care and long-term needs. Reviewing your declarations page and discussing limit options early helps clarify potential recovery paths.

Arbitration and Settlement Credits

Many UM and UIM policies include arbitration clauses that require disputes over valuation or coverage to be resolved outside of court. Settlement credits refer to reductions in UIM recovery based on amounts already paid by the at-fault party’s insurer; these credits can lower the net amount available under your own policy. Understanding whether arbitration applies and how settlement credits are calculated is important before accepting any offer. Insurers may propose structured settlements or lump sum payments, and careful analysis ensures that any resolution accounts for future medical needs, lost earning capacity, and non-economic losses.

PRO TIPS

Document All Medical Treatment

Keep a complete and chronological record of every medical visit, test, therapy session, medication, and recommendation related to your accident, and be sure to retain copies of bills, diagnostic reports, and treatment plans so your claim reflects the full scope of care you received. Note that clear medical documentation creates a persuasive link between the crash and your injuries, supports claims for future care, and makes it more difficult for insurers to dispute causation or downplay the severity of your condition. If you change providers or receive care outside normal channels, make sure those records are included in your file to present a comprehensive account of treatment and expenses.

Keep a Detailed Accident Log

Write down the details of the crash as soon as you are able, including date, time, location, weather conditions, witness names and contact information, and a description of how the accident occurred, because contemporaneous notes can corroborate your medical timeline and strengthen your claim. Also document how injuries affected daily activities, work capabilities, and personal relationships so losses beyond medical bills are clearly described and valued when negotiating with insurers. Photographs of vehicle damage, road conditions, and visible injuries complement written notes and form a clear factual record that helps establish liability and damages.

Preserve Insurance Communications

Keep copies of every communication with your insurer and the at-fault party’s insurer, including emails, letters, text messages, and voicemail summaries, and record the names of claims adjusters and the dates of any conversations to maintain an accurate claims timeline and to protect against misunderstandings. When insurers request recorded statements or release forms, proceed with caution and seek clarification about the purpose and potential effect on your rights before signing, because early misstatements can be used to deny or reduce a claim. Timely and organized communication makes it easier to respond to requests and to preserve your position during negotiations or dispute resolution.

Comparing Approaches to UM/UIM Claims

Advantages of a Full-Scale Claims Approach:

Severe Injuries and High Costs

When injuries require ongoing medical care, rehabilitation, or long-term assistance, a comprehensive approach ensures that future costs are evaluated and incorporated into any demand or litigation strategy, because a short-term settlement may leave significant needs unmet. A thorough preparation includes obtaining expert medical opinions about prognosis and cost projections, collection of wage and employment records, and careful negotiation to secure compensation that reflects the full scope of harm. This method reduces the risk of settling prematurely and helps protect financial stability for you and your family over the long term.

Complex Policy Interpretation

Complex policy provisions, such as stacking rules, arbitration clauses, offset provisions, and choices of law can significantly affect recovery, and a comprehensive review of relevant policies and prior settlements helps identify the most advantageous path forward while avoiding procedural missteps. When insurers invoke obscure contract terms or try to apply credits that undercut recovery, a methodical assessment of policy language and claims history is needed to counter improper positions and to maximize available benefits. Taking this full-scope approach limits surprises and positions a claimant to negotiate from a well-supported factual and legal foundation.

When a Limited Approach May Be Appropriate:

Minor Property Damage and Minor Injuries

In lower-value claims involving minor injuries and limited medical treatment, a focused and efficient approach can resolve matters quickly without incurring extensive costs or delay, because the likely recovery may not justify prolonged litigation or exhaustive investigation. In such situations, documenting immediate treatment, obtaining repair estimates for property damage, and submitting a clear demand to the appropriate insurer can often lead to rapid resolution. However, even modest cases should be documented carefully to preserve rights and to ensure that delayed symptoms or complications do not later undermine a recovery.

Clear Liability and Low Costs

When liability is uncontested and the damages fall well within available policy limits, a straightforward claims handling strategy can achieve fair results without advanced procedures, focusing on establishing causation and presenting medical records that support the claimed losses. In those circumstances, prompt presentation of bills and wage documentation to the insurer typically leads to a timely payout, assuming the insurer accepts responsibility. Still, claimants should be vigilant about released offers and ensure that settled amounts account for all foreseeable expenses related to the crash before accepting any final payment.

Typical Situations That Trigger UM/UIM Claims

Hit-and-Run Collisions

Hit-and-run incidents frequently leave injured drivers without an at-fault policy to pursue, and UM coverage is often the primary means to recover medical and other losses when the responsible driver cannot be identified or located. In these cases, thorough documentation, police reports, witness statements, and medical records are essential to support a UM claim and to establish that the collision caused the injuries claimed.

Struck by an Uninsured Driver

When the at-fault driver carries no liability insurance, UM coverage fills the gap and provides funds for treatment and economic losses that otherwise would be unpaid. Timely notice to your insurer and detailed proof of damages help ensure that your UM claim is evaluated and paid according to the policy terms.

At-Fault Driver with Insufficient Limits

If the at-fault driver has only minimal liability limits that do not cover your full damages, UIM coverage can supplement the shortfall and make up the difference up to your policy limits. Documenting projected future care and lost earning capacity helps justify a UIM demand that accounts for long-term needs in addition to immediate expenses.

Marlinton UM/UIM Claims Attorney — Stephen New & Associates

Why Choose Stephen New & Associates for UM and UIM Claims

Stephen New & Associates represents clients throughout West Virginia, including Marlinton and the surrounding communities, handling UM and UIM matters along with catastrophic injury, medical malpractice, and other serious claims. We focus on helping clients gather medical evidence, document economic losses, and communicate effectively with insurers to pursue full and fair recovery under applicable policies. Our office in Beckley assists with local filings and coordinates with medical providers, vocational specialists, and others to build a clear record that supports a claim for both present and future needs, and we are available to discuss your situation at 304-355-5565.

Clients who engage our services receive focused attention to the details of their case, careful review of relevant insurance contracts, and advocacy during settlement negotiations or, if needed, litigation. We prioritize clear communication so you understand claim timing, settlement options, and the implications of any offer. Our goal is to make the process less stressful by handling paperwork, insurer interactions, and discovery tasks, allowing you to concentrate on recovery while ensuring that all viable avenues of compensation are explored and pursued when appropriate.

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FAQS

What is the difference between UM and UIM coverage?

Uninsured motorist (UM) coverage applies when the driver responsible for a crash carries no liability insurance, while underinsured motorist (UIM) coverage applies when the at-fault driver’s liability limits are insufficient to cover your full damages. UM and UIM benefits come from your own insurance policy and are intended to compensate for medical expenses, lost wages, pain and suffering, and other losses that remain unpaid due to the other driver’s lack of adequate coverage. The availability and application of these coverages are governed by your policy terms and state law. To pursue a UM or UIM claim you will generally need to show the link between the accident and your injuries, provide medical and economic documentation of losses, and comply with notice requirements in your policy. Because insurers often scrutinize causation and the extent of damages, it is important to maintain complete records of treatment, bills, and how injuries impact daily life and employment. Early attention to documentation and timely notification to your insurer improves the prospects for a fair resolution.

How do I know if I have UM or UIM coverage on my policy?

Your declarations page, sometimes called the policy jacket or declarations sheet, lists the coverages in your auto policy and shows whether UM and UIM coverage are included and what the limits are. If you are unsure how to read the declarations page, contact your insurance agent or review the policy’s coverage sections for language specifically addressing uninsured and underinsured motorist protection. If you recently purchased a vehicle or changed carriers, check for any optional selections or waivers that might affect availability. If your policy does not clearly show UM or UIM coverage, ask your insurer to provide written confirmation and a copy of the relevant contract language. Confirming coverage early helps you understand potential recovery options and sets expectations for how a claim will be processed if the need arises, including any requirements for providing notice, documentation, or participating in dispute resolution procedures.

What steps should I take after an accident involving an uninsured driver?

After an accident involving an uninsured driver, prioritize medical care and document all treatment, including emergency visits, follow-up care, diagnostic tests, and therapy. Report the crash to local law enforcement and obtain a copy of the police report, secure witness contact information, and take photographs of vehicle damage, injuries, and the scene. Notify your own insurer promptly about the collision and advise them that the at-fault driver is uninsured, because timely notice is often required under UM provisions. Preserve all medical bills, receipts, and records of lost income, and keep a personal log describing symptoms and daily limitations. If the other driver cannot be identified, a hit-and-run police report will be important to supporting a UM claim. Collecting this evidence and presenting it in an organized way strengthens your position when seeking compensation under your UM coverage and helps prevent disputes over causation or the extent of your injuries.

How long do I have to file a UM or UIM claim in West Virginia?

Statutes of limitation set deadlines for filing legal claims in West Virginia, and insurance policies often include notice requirements that must be met promptly after an accident, so acting quickly is important to preserve your rights. While the deadline to file a civil suit for personal injury in West Virginia is generally two years from the date of the injury, policy-specific notice provisions and contractual conditions may require earlier action to keep a UM or UIM claim viable. Failure to provide timely notice or to comply with policy conditions can jeopardize recovery even if the statutory deadline has not yet passed. Because deadlines vary based on facts and contract language, it is wise to review your policy and speak with an attorney or your insurance representative as soon as possible after a crash. Early consultation helps ensure that required notices are given, claim documentation is assembled, and any urgent procedural steps are identified and completed to avoid unexpected time bars.

Will my own insurance rates go up if I file a UM or UIM claim?

Filing a UM or UIM claim does not automatically mean your insurance premiums will increase, but insurers consider a variety of factors when setting rates, and a policyholder’s claim history can affect future pricing. Whether premiums rise depends on your insurer’s underwriting, the nature of the claim, prior driving history, and state-specific rating practices. Some insurers may not raise rates for many UM/UIM claims, particularly those that do not involve at-fault driving behavior, while others may view any claim as a risk indicator. If you are concerned about potential rate increases, discuss this with your insurance agent and ask how a UM or UIM claim would be recorded and whether it could affect renewal pricing. Balancing the need to secure compensation for medical care and losses against possible premium changes is an individual decision best made with full information about how your insurer handles claims in similar situations.

Can I stack UM or UIM coverage if I have more than one vehicle on my policy?

Stacking refers to the ability to combine coverage limits across multiple vehicles or policies on the same declarations page to increase the total available UM or UIM limits, and whether stacking is allowed is governed by your policy language and state rules. Some insurers require an explicit election to waive stacking or restrict aggregation of limits, while other policies permit stacking automatically if multiple vehicles or covered persons are listed. Reviewing your declarations page and policy endorsements will reveal whether stacking applies in your situation. If stacking is available, it can significantly increase the funds available for medical care, rehabilitation, and lost earnings, which is important when the at-fault driver’s limits are low. If your policy language is unclear, obtain a written statement from your insurer clarifying stacking rights. Understanding stacking early helps you determine whether additional recovery sources are available and how to structure demands or litigation strategy accordingly.

What types of damages can UM or UIM cover?

UM and UIM coverage can provide compensation for medical expenses related to the crash, both past and reasonably anticipated future care, as well as lost wages, diminished earning capacity, and expenses for rehabilitation or assistive devices. These policies also commonly cover pain and suffering and other non-economic losses, depending on the facts of the case and the policy language. The specific categories and limits of recoverable damages will depend on your policy and the jurisdiction’s treatment of UM/UIM claims. To support claims for future costs and non-economic losses, detailed medical opinions, vocational assessments, and documentation of how the injury affects daily living and work are often necessary. Demonstrating a clear link between the accident and ongoing needs helps justify a comprehensive valuation of damages when negotiating with insurers or presenting a claim through arbitration or court proceedings.

What if the at-fault driver admits fault but has no insurance?

When the at-fault driver admits fault but lacks insurance, UM coverage under your own policy typically becomes the avenue for obtaining compensation, provided you meet your policy’s filing and proof requirements. Obtain documentation of the other driver’s admission, police reports, and any witness statements, and notify your insurer promptly to begin a UM claim. The insurer will evaluate your damages and may offer a settlement, but careful documentation of medical treatment and economic losses is essential to achieve a fair outcome. An admission of fault can simplify liability questions, but insurers may still challenge the extent of injuries or the necessity of particular treatments. Maintaining complete medical records, bills, and a record of how injuries affected work and daily life will support a full assessment of damages under your UM coverage. If settlement negotiations stall, additional steps like mediation or litigation may be considered to secure appropriate compensation.

How do settlement credits from another insurer affect my UIM claim?

Settlement credits reduce the amount you can recover from a UIM carrier by the amount already recovered from the at-fault driver’s insurer, and policy language governs how credits are applied. The objective is to prevent a claimant from receiving double recovery, but credit rules can vary and may produce different net results depending on the timing and structure of settlements. Careful review of the policy is essential to understand whether any amounts received from the at-fault insurer will offset the UIM demand. When negotiating settlements, structuring releases and timing payments can influence how credits are calculated, and practitioners often evaluate whether accepting a particular payment will reduce overall UIM recovery more than it benefits immediate needs. Discussing settlement structure and possible credits before finalizing any deal helps ensure that the total compensation across insurers covers current and future liabilities without unintended reductions.

Should I accept the insurer's first settlement offer for a UM or UIM claim?

You should not accept the first settlement offer without a careful assessment of whether it fairly compensates you for all present and future losses, because initial offers from insurers are often conservative and may not account for long-term medical needs or lost earning capacity. Before accepting any payment, review medical prognosis, anticipated rehabilitation, and the potential for future expenses related to the injury, so you can compare those forecasts to the offer on the table and determine if it is sufficient to meet ongoing needs. Consulting with counsel or a trusted advisor can help evaluate the reasonableness of the insurer’s offer and whether alternative approaches, such as mediation, arbitration, or litigation, might yield a better outcome. Taking time to value a claim properly reduces the risk of settling too early for an amount that fails to cover long-term care and related damages, which can leave you responsible for future costs that were foreseeable at the time of settlement.

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