West Virginia
Medical Malpractice Lawyer

If you have suffered harm from a medical misdiagnosis, treatment, or a procedure, an Elkins medical malpractice lawyer could evaluate your case and advise the next step for pursuing compensation.

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The Impact of Medical Malpractice

According to the United States Centers for Disease Control (CDC), medical malpractice is the third leading cause of death in this country. This shocking statistic has brought about changes within the healthcare system, yet patients are still facing injuries caused by medical malpractice.

If you or someone you love was injured due to medical care you received, you could benefit from the services of a compassionate medical malpractice lawyer. If your case has merit, a highly qualified injury attorney could argue to get you the compensation you deserve.

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West Virginia Filing Deadlines

West Virginia Code § 55-7B-4 allows plaintiffs and their medical malpractice lawyers in West Virginia two years to file a legal complaint. The clock starts ticking for this statute of limitations from the date of the injury, or if the injury was not discovered until a later date, the date of discovery.

It is essential for anyone considering a claim to know about this filing deadline and its importance. If this two-year mark passes and a claim is not filed, the plaintiff may very well lose their ability to seek compensation for their injuries. While they could still file a case, the attorneys for the defendant may file a motion asking the judge to bar the lawsuit based on the expired statute of limitations.

Many people feel like they need time to heal or time to think about the circumstances of what happened before contacting an attorney and filing a lawsuit. While this is understandable, it is important to start the process as soon as possible to avoid missing any deadlines.

Proving Medical Malpractice

Jurors must follow the law when determining a verdict in a medical malpractice case. The law instructs the jurors that to render a verdict in favor of the plaintiff the following elements must be proven:

The doctor or other medical professional had a duty to the patient By acting negligently, or not in a manner that another reasonable medical professional would have acted, they breached their duty The plaintiff’s injuries were caused by the breach of duty The injuries caused damages to the patient such as additional medical expenses, disfigurement, pain, and suffering, or lost wages
If the plaintiff and their attorney can prove each of these elements, they may be able to recover compensation. However, West Virginia law places a $250,000 cap on damages that a jury can award for noneconomic losses such as loss of consortium, pain, and suffering, and mental anguish.

Economic losses, on the other hand, are not capped. If the case settles before trial, these caps are taken into consideration when determining a settlement amount. A West Virginia medical malpractice attorney can explain how these caps may affect a claim.If you have suffered harm from a medical misdiagnosis, treatment, or a procedure, an Elkins medical malpractice lawyer could evaluate your case and advise the next step for pursuing compensation.

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Meet Our West Virginia Lawyers

Our personal injury trial attorneys have successfully argued Personal Injury cases in courtrooms throughout West Virginia. We have earned a reputation for success on behalf of our clients — in both jury trials and settlement negotiations.

Our Record Handling Personal Injury
Cases Speaks for Itself

$4.3 Million
Car Accident

$4.2 Million
Truck Accident

$500K
Workplace Injury

$115K
Dog Bite Injury

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You Were Injured in an Accident...Now What?

Download one of our free books found here: FREE BOOKS and REPORTS. Each book is packed full of helpful information that will help you make the best decisions for your accident claim.

Call our office at (304)745-2636 and speak to a staff member right away. You can schedule a free consultation in person or over the phone with one of our attorneys.

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Traumatic Brain Injury Checklist Book
Things to Consider Before Hiring a Personal Injury Lawyer Book
Things to Know After Being Injured in a Car Accident in West Virginia Book
Things to Know When a Dog Attacks or Bites You Book
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Head-on Car Accident Collision

“It took all the worries and stress from me.”

Sam made every attempt to avoid collision with the oncoming vehicle. He pulled off the road after seeing the driver traveling towards him at a high rate of speed. In the end, his attempts did not prevent and accident and in fact caused him tremendous injuries and led to the passing of the driver.

Insurance Company Abandoned our Client
After the accident and initial treatment, the insurance company of the driver that struck our client. He had a “bad experience” dealing with them and that was the primary reason he reached out to…

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