What is a personal injury claim?
If you have been hurt due to another person’s negligence or unsafe product, you have suffered a personal injury and can bring a lawsuit to recover damages that you have suffered. Salango Law has a record of accomplishments in personal injury cases that involve:
- Motor vehicle accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Catastrophic injuries
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:
- Pain and suffering
- Reduced quality of life
- Loss of consortium
- Mental anguish
- Physical pain
West Virginia is one of the states that places 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 contact an experienced West Virginia personal injury attorney to help you. Schedule a free consultation or contact us online.