The three kinds of compensation available to accident victims in West Virginia

Charleston, WV – When a person in West Virginia has been harmed in an accident, they can get legal advice related to their costs and losses. The lawyer’s job is also to advocate on the victim’s behalf and ensure that they receive as much financial compensation as necessary for a recovery of costs related to the defendant’s behavior. This is done through negligence lawsuits, where the plaintiff and their lawyer normally ask for compensation in three different categories. There are economic, non-economic, and punitive damages. All three of these categories have different rules, and the accident victim should work with their lawyer to ensure that all losses are accounted for in their damage award and final settlement agreement. Here is a summary of how each type of compensation works in West Virginia. 

Payment for specific costs

Accident victims can use evidence such as medical bills, income statements, and any other specific items related to their specific costs to prove economic damages and list them in their statement for relief. These amounts can be summarized and they can ask for a total amount that is sufficient to cover all losses. It is also possible that people who will need medical treatment or additional care in the future can project these losses out for as many months or years as it will take for them to recover. 

Non-economic damages for pain and suffering

Those who were injured have the ability to ask for compensation for intangible losses related to physical pain, mental and emotional problems, and other types of trauma associated with their accident. These forms of non-economic compensation can vary greatly, but usually a lawyer who can argue that their client’s life has changed significantly after an accident due to permanent or long term injuries can ask for larger amounts.  

The possibility of punitive damages

While punitive damages are not always available in accident lawsuits, they can be ordered in some situations where a defendant has acted recklessly. The rules surrounding punitive damages vary in each state. West Virginia law says that punitive damages are available to a plaintiff who can either show actual malice or a reckless and conscious indifference to the safety of others. Standard acts of negligence will not allow the collection of any punitive damages at all.

These damages are also capped at the greater amount of either $500,000 or four times the non-economic damages that were awarded.  

Finding an accident lawyer in West Virginia

USAttorneys.com is a service that works with accident victims to get them connected to the right lawyer that can help in their city or state. People who need a referral to a licensed attorney in Charleston or other places can call 800-672-3103 for help.