Elkins Spinal Cord Injury Lawyer
Spinal cord injuries (SCIs)are among the most prevalent but devastating injuries that can develop from a serious accident or mishap. SCIs can impede the nervous system, cause pain or paralysis, and require expensive medical treatment.
Whether temporary or permanent, harm to the spinal cord can impose serious difficulty on the person injured. Someone facing such an injury should assess the causes, consider who is at fault, and speak with an Elkins spinal cord injury lawyer about holding any contributing parties liable. Compensation could cover the cost of expensive medical care, including future expenses. Hiring a dedicated catastrophic injury attorney could be your best opportunity for recovering financial relief.
Elkins Civil Actions for Proving Liability
Under Chapter 55 of the West Virginia Code, someone who has suffered an injury brought about by the actions of another has two years from the date they were injured to file a lawsuit for damages. When someone brings an injury claim and dies from the injury before resolving the conflict, the case may be taken up by a personal representative of the plaintiff and modified as a wrongful death claim.
Modified Comparative Fault in SCI cases
West Virginia applies a modified comparative fault rule in civil actions, holding each person involved, including the plaintiff, responsible for their own percentage of fault. Even someone who is not a party to the claim may be assigned a share of fault, but the finding does not subject them to liability.
Unfortunately, an Elkins plaintiff whose fault is greater than that of all other parties combined may not be able to recover any compensation at all. Those who experienced such an injury should consult with a local SCI representative about filing a legal claim to recover damages and minimize fault.
Recoverable Damages in a Spinal Cord Injury
The law classifies compensatory damages awarded for injury as economic or noneconomic. A plaintiff seeking to hold an employer responsible for harm must mitigate the damages they sustain. An award for lost wages does not include any amount the plaintiff earned or could have earned after their usual employment ended.
The plaintiffs pursuing punitive damages must show that the adverse parties acted with malice or indifference to the welfare of others. West Virginia limits punitive damages to the greater of $500,000 and four times the compensatory damages awarded.
Avoid Unnecessary Delay in Finding an Elkins Spinal Cord Injury Attorney
Speaking with an attorney soon after experiencing a catastrophic incident could help you meet the deadline for filing a claim. It also provides a chance to find an advocate and outline a strategy right for you.
If you have suffered an SCI that has made it hard for you to operate physically, mentally, or financially, call an Elkins spinal cord injury lawyer to discuss your legal options, hold the proper parties liable, and find relief today.