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The Damage Cap on Medical Malpractice in West Virginia

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In 2003, the West Virginia state government enacted a law that established a cap on non-economic damages that could be won in a medical malpractice case, much to the detriment of malpractice claimants. If you’ve been victim to medical malpractice in West Virginia, speak to a Clarksburg medical malpractice lawyer who will seek the maximum possible recovery for you.

Non-economic damages are also described as the damages for pain and suffering, or those damages that are assessed against perpetrators of medical negligence for the loss of the quality of life suffered by their victims of malpractice. West Virginia law caps non-economic damages at $500,000.

Even if the jury awards more in non-economic damages, or awards a certain amount for the victim and a certain amount for the spouse, parents, or children such that the total is more than $500,000, no more than $500,000 will be dispersed to the victims for pain and suffering.

It’s important to keep in mind that despite this cap, there is no cap on economic damages, which are the damages awarded for the cost of medical expenses and lost wages and other, quantifiable costs. For this reason, it is vital that you trust your case to a Clarksburg medical malpractice lawyer who will carefully trace each of your costs and fight for the maximum possible recovery under these auspices.

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Written by
Tim Miley
Tim Miley is the founder of The Miley Legal Group. After earning his undergraduate degree in finance at Southern Methodist University in Dallas, TX, Tim attended Duquesne University in Pittsburgh, PA, where he received his Juris Doctorate. Tim is admitted to practice in all courts in West Virginia and is currently a member of the American Association for Justice, the West Virginia American Association for Justice, the West Virginia Bar Association and the Harrison County Bar Association.
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