What is ‘Pain and Suffering’ in a Personal Injury Case?
Learn about this key component of damages, and the factors that go into its calculation.
More Information About Personal Injury in WV
Many of the personal injury cases we handle fall under the following categories. This page is by no means exhaustive, and if you have questions about your injury, give us a call for free.
Slip and Fall Accidents
Slip-and-fall injuries, or trip-and-fall injuries, occur when someone slips, trips, or stumbles on another person’s property. Common causes include wet floors, poor lighting, or tripping hazards. The property owner may be liable for neglecting to keep their property safe.
Medical Malpractice
Medical malpractice occurs when a healthcare provider harms a patient by deviating from standards of care in their profession. It is a type of professional negligence. Victims seek compensation for harm that they suffered due to the malpractice. For more information about medical malpractice in West Virginia, see code W. Va. Code §55-7B.
Product Liability
Product liability is the area of personal injury law that holds those who make, distribute, and sell products responsible for the injuries those products cause. Generally, product liability is a strict liability offense, meaning that the defendant’s intent to cause harm is irrelevant. Exceptions apply, and we are here to help you navigate the legal process.
Workplace Injuries
Workplace injuries are exactly what they sound like—bodily damage resulting from work. The harm can be minor or severe. All jobs can cause workplace injuries. While manual labor in hazardous conditions is dangerous, the repetitive movement many jobs require can also cause significant damage.
Dog Bites
Dog bites can cause severe physical and psychological harm. West Virginia applies “strict liability” to owners who allow dogs to “run at large.” W. Va. Code §19-20-13. This means that the owner of a dog that bites someone under this statute is liable despite their intent or negligence. If you or a loved one have been injured by someone else’s dog, please give us a call. We will review your case for free.
Assault and Battery
The terms “assault” and battery” are often associated with criminal charges. In addition to pressing criminal charges, victims of assault and battery can file personal injury claims against their attackers. Victims seek compensation for medical expenses, lost wages, emotional distress, and other damages.
Defamation
Defamation involves false statements that cause harm to another person’s reputation. “Slander” is the term for spoken defamation, and “libel” is written defamation. The statement’s truth can be a defense or mitigating factor in defamation cases.
Understanding Damages in Personal Injury Cases
Being injured can be costly, both physically and emotionally. Personal injury cases aim to make the harmed party whole again. This is often done through monetary compensation for medical expenses, lost wages, or pain and suffering. In certain cases, the judge may award punitive damages to punish the defendant for reckless behavior. An experienced attorney is essential to ensure that you recover all the compensation that you are entitled to.
Economic Damages
Economic damages reimburse the victim for financial losses resulting from the injury. There are three main types of economic damages in personal injury cases:
Medical Expenses
Medical expenses include all costs related to medical treatment, such as hospital bills, surgery, medication, and physical therapy.
Lost Wages
If an injury prevents the victim from working, they can seek compensation for lost wages. Lost wages can cover any period that the victim can’t work. This can include future earnings if the injury is so severe that the victim cannot return to their occupation.
Property Damage
When personal property is damaged in a personal injury case, compensation for property damage may be appropriate. Therefore, the injured party must keep receipts and estimates for the repair or replacement of damaged property so that they can prove the damage to the court.
Non-economic damages
Some types of harm are less concrete and objective. Still, victims of personal injury can seek compensation for non-economic damages. The court will assign monetary values to non-economic damages to fairly compensate the victim for less tangible harm.
Pain and Suffering
This type of compensation covers physical discomfort resulting from the injury. It also includes any concrete medical expenses, such as hospital bills or physical therapy.
Emotional Distress
An injury can have a profound impact on the victim’s mental health. Anxiety, depression, and post-traumatic stress disorder are common in personal injury cases. Because the damages are intangible, it can be challenging to know where to start when asking for compensation for emotional distress. An experienced attorney can help determine how much to ask for and how to present emotional distress damages to the court.
Loss of Enjoyment of Life
Severe injuries can prevent a person from enjoying activities that they once loved. This type of compensation recognizes the loss of future enjoyment resulting from the injury.
Punitive Damages
The purpose of punitive damages is to punish the defendant for their behavior. In West Virginia, punitive damages may be awarded in cases where the defendant’s actions were intentional or done with extreme recklessness.
Contact our WV Personal Injury Attorneys Today
A successful personal injury case requires a deep understanding of the claim’s elements and the type and amount of compensation available. An experienced injury attorney from Miley Legal will know precisely what to ask for and how to ensure you get the relief you deserve. Contact our team today for a free case evaluation.
