If everything went well and your case is now resolved, the parties will contact the court and a Dismissal Order will be entered.

At the beginning of the process, you may have thought this matter should settle. The other person was at fault and you were injured. How could something that was not your fault be so difficult?

This is for several reasons. First, in a civil suit, you have to prove your case and it is often easier to tear something down than to build it up. Next, insurance companies want to make the process as difficult as possible to diminish the cost benefit to attorneys who aid citizens who are injured in accidents. Finally, years of propaganda on television and in print media are paying off big for insurance companies, diminishing their responsibility for the actions of their insured.

In the end, it is about money. Instead of paying money to settle claims, the insurance companies have discovered it is better to spend money lobbying the legislature and fighting claims. The end goal is to eliminate the ability of everyday citizens to have a venue to bring a redress when they are injured. On the other side, lawyers representing people fight every day to protect the common man’s rights to the Civil Justice System.

Trials for personal injury lawsuits are on the rise in West Virginia. These trials are often cost prohibitive for the “little man.” If your case does not settle, then you have no choice but to proceed to trial, a subject that will be discussed in another section.