Getting involved in an accident and suffering from injuries can be a scary experience. Aside from the physical pain and emotional trauma you may be feeling, you might also be worried about the medical expenses and lost wages you have to deal with. Fortunately, you may be able to recover compensation through a personal injury claim in West Virginia.
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Factors Affecting Compensation in West Virginia
Several factors will determine how much compensation you can expect from your personal injury case in West Virginia. Determining who was at fault, the extent of your injuries, and the different types of damage you have suffered are just some of the things that affect compensation.
Fault
To be entitled to compensation, you must prove that someone else’s negligence caused the accident and your injuries. In West Virginia, the legal concept of “modified comparative negligence” is observed, meaning, if you are more than 50% at fault, you will not be able to recover damages. Moreover, if your share of fault for the accident is less than 50%, the compensation you receive will be reduced by the percentage of your fault.
Extent of Injury and Medical Expenses
The severity and extent of physical injuries and medical expenses can significantly affect your compensation. If your injury is long-term or permanent, you will likely receive more compensation compared to those that will heal eventually. It is essential to keep track of all medical expenses related to your injury to ensure you receive fair compensation.
Lost Wages
Loss of income is recoverable in a personal injury case where you have experienced some degree of wage loss due to the accident. Documenting the length of time you missed work and calculating your lost income is crucial to getting compensated for the time you were unable to work.
Types of Damages You Can Recover
In West Virginia, two types of damages you can recover: economic and non-economic.
Economic Damages
These include the financial losses that were caused by the accident, such as:
- Medical expenses, including current and future expenses related to your injury
- Lost wages, including future lost income and diminished earning capacity
- Transportation expenses for medical appointments
- Property damage expenses
- Home and vehicle modifications required as a result of the injury
Non-Economic Damages
These damages relate to the non-financial losses resulting from the accident, including:
- Pain and suffering
- Loss of consortium
- Emotional distress
- Loss of enjoyment of life
Statute of Limitations for Personal Injury Cases in West Virginia
It is essential to know the statute of limitations in West Virginia when filing a personal injury claim. The statute of limitations is a law that sets the time frame within which you must file your claim. In West Virginia, the statute of limitations for personal injury claims is two years from the date of the injury.
Consult with a Personal Injury Lawyer
Personal injury cases can be complex, and the process of filing a claim requires a lot of legal knowledge, experience, and formalities. There are also different types of personal injury cases, such as car accidents, slip-and-falls, defective products, and medical malpractice. Consultation with a personal injury lawyer can help you navigate through the intricate process, determine the legal options you have, and provide you with the support you need to get the compensation you deserve.
Final Thoughts
Getting the compensation you deserve requires building a strong case with adequate legal representation. By consulting with a skilled personal injury lawyer, you can get a better understanding of the compensation you are entitled to and the legal options available to you. Ultimately, it is essential to do everything you can to protect your financial stability, physical well-being, and emotional health after an accident.