Clarksburg Medical Malpractice Damages
If you have been seriously injured because of medical negligence, and wonder what types of compensation you can receive, you should understand the laws concerning medical malpractice in West Virginia. There are different types of compensation you can receive, and a cap on certain damages you can recover.
Determining the type of compensation you can receive requires the help of an experienced Clarksburg medical malpractice lawyer. Your lawyer will understand the laws concerning compensation in a West Virginia medical malpractice claim, and can determine if medical negligence led to your injuries, as well as who may be held liable for damages.
Overview of Compensation in a West Virginia Medical Malpractice Claim
If you have suffered from medical malpractice in West Virginia, there are different types of compensation you can recover in a West Virginia medical malpractice claim. The point of receiving compensation is to recover expenses that you incurred because of your injuries. But compensation can also cover non-economic suffering.
The following expenses may be recovered in a West Virginia medical malpractice claim:
- medical bills;
- lost income;
- rehabilitation; and
Compensation for these types of expenses may include past, current and future damages. If an injured individual is unable to return to the same line of work, or forced to work for less, he may receive compensation for lost future income.
A claimant may also receive compensation for non-economic loss such as pain and suffering. Punitive damages are awarded in cases of gross medical negligence.This type of compensation both awards claimants for non-economic suffering and helps deter future medical malpractice claims.
Direct Damages in a West Virginia Medical Malpractice Claim
Direct damages are damages that have a monetary value. This includes medical bills and lost income, as well as loss of services.
If an injured claimant has to pay for a replacement to perform services he or she used to do, like household chores or taking care of children, direct damages may be collected.
Indirect Damages in a West Virginia Medical Malpractice Claim
With indirect damages it is difficult to place a monetary value on what has been lost, though a claimant may still receive compensation.
Compensation may be received for the following types of indirect damages:
- loss of companionship;
- emotional suffering;
- mental anguish; and
While it is hard to put a price tag on these types of damages, your Clarksburg medical malpractice lawyer can work with you to establish a fair monetary value for these non-economic losses in your West Virginia medical malpractice claim.
Punitive Damages in a West Virginia Medical Malpractice Claim
Punitive damages are difficult to prove and only apply in extreme cases of neglect. The claimant must prove gross negligent care by a healthcare provider that resulted in his or her injuries.
Punitive damages may be awarded in the case of a doctor who knowingly and recklessly acted in a manner that led to serious injuries. An experienced Clarksburg medical malpractice lawyer can determine if you may be eligible for these types of damages.
Compensation Caps in a West Virginia Medical Malpractice Claim
There are caps on compensation that may be received in a West Virginia medical malpractice claim. There is a cap of $250,000 on pain and suffering with the exception of medical malpractice cases involving loss of limb, permanent disability or death. In these cases the damage cap is set at $500,000. It’s important to speak with your Clarksburg medical malpractice lawyer about any damage caps that may impact your West Virginia medical malpractice claim.
How a Clarksburg Medical Malpractice Lawyer Can Help
If you have been seriously injured because of medical malpractice in West Virginia, you may be eligible to file a West Virginia medical malpractice claim. A Clarksburg medical malpractice lawyer can evaluate your case and help you determine your next steps.
The Miley Legal Group will fight for the compensation you deserve and help you move on with your life. Contact us today to schedule a no-cost consultation – 304-326-1800.