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The Damage Cap on Medical Malpractice in West Virginia

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.

Author Bio

Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.

Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $10 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.

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