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What is a personal injury claim?
Personal injury is a legal term for an injury to the body or mind. If you suffer a personal injury, you can bring a lawsuit to recover damages that you have suffered.
What types of damages are available in a personal injury claim?
In West Virginia, you may be entitled to financial compensation if your injuries were caused by someone else’s negligence. There are two main categories of damages: economic damages and non-economic damages.
Economic damages are those financial losses that are easily calculable through bills and other documents. They may include the expenses you incurred or will incur for medical treatment. They may also include the costs associated with physical rehabilitation and other verifiable out of pocket expenses. Economic damages also include wages you lost (or will lose) because of your injury, whether temporarily or permanently. You may also claim economic damages if you are still working but had to take a lower-paying job because of your injuries.
Non-economic damages are intangible losses related to the injuries you suffered. They are described as the damages for pain and suffering. Non-economic damages may include:
West Virginia has damages caps on personal injury compensation awards. There is currently a $250,000 cap on pain and suffering damages in medical malpractice cases for cases that do not result in death or permanent injury. If the medical malpractice resulted in death or permanent injury, the cap is $500,000. Pain and suffering claims are difficult to prove, so you will want an experienced West Virginia personal injury lawyer to assist you.
Some individuals other than the injured party may have claims for non-economic damages. These individuals include spouses, children, and parents, especially in wrongful death cases.
Getting a fair settlement or verdict
Obtaining fair compensation for your injuries can take time, effort and thorough record-keeping. The best way to achieve an ideal outcome is to work with an experienced personal injury attorney.
It is important to consult an experienced personal injury attorney as soon as possible to ensure that you do not miss a crucial deadline. Preston & Salango, PLLC’s experienced lawyers are prepared to give you the legal assistance you need to achieve the best legal results possible.
Please call (304) 342-0512 today for a free consultation. Preston & Salango serves Charleston, Beckley, Clarksburg, Huntington, Morgantown, and all of West Virginia.
Categories: Car Accidents, Medical Malpractice, Nursing Home Abuse, Personal Injury