What damages can I collect in a hunting accident in West Virginia?
Miley Legal Group
If you’ve been injured in a hunting accident because of another’s negligence, you will not be culpable for the expenses related to the incident.
To find out what damages you may be entitled to collect, consult an attorney at a West Virginia injury law firm.
Understanding the Definitions of Compensatory Damages
The compensatory damages you may collect for gun or hunting accidents in West Virginia are split into 2 categories, special damages and general damages.
Special damages refers to all the specific costs that have been incurred because of the injury. The objective is to determine the out-of-pocket expenses placed upon the injured, in order to recompense them to the position they would have been in had the accident not occurred.
Out-of-pocket expenses include:
- medical bills;
- lost wages, including future earnings; and
- property damage.
General damages, on the other hand, are not as easy to quantify:
- pain and suffering;
- emotional distress;
- loss of enjoyment; and
- loss of consortium are considered general damages.
In addition to compensatory damages, punitive damages also seek to “punish” the defendant financially in an exceptional case of negligence or carelessness.
Hunting Accidents May Be Covered by Homeowner’s Insurance
Some homeowners insurance policies will cover damages in a hunting accident, even if the injury did not occur on your property. Insurance companies use a formula to calculate the compensation amount, although this figure is usually just a starting point for negotiations. A West Virginia law firm can examine the details of your case, help prove negligence and ensure you receive the compensation you are entitled.
At the law offices of The Miley Group, we will work for you to secure fair compensation in the event of a hunting accident. For a free consultation, call us today – 1-877-652-1031.