You could receive compensation in a personal injury claim if you were injured in a workplace accident, car crash, or other accident in the Charleston, WV area. If somebody else’s negligence caused your injuries, that person could be responsible for paying your damages.
In West Virginia, these damages are referred to as “compensatory damages.”
Compensatory damages in a West Virginia personal injury case generally include two categories:
- Economic damages. Medical bills, property damage, lost wages, and other expenses can be considered economic damages.
- Non-economic damages. “Intangible” costs of an accident, like pain and suffering, emotional distress, disfigurement, or loss of companionship, can fall within this category.
A personal injury lawyer in Charleston can evaluate the evidence supporting your claim and the potential damages you might be entitled to recover. Understanding the economic damages available in a West Virginia personal injury case is crucial.
What Are Economic Damages in West Virginia?
Economic damages are awarded to help victims cover the costs associated directly with an accident. These damages are connected to tangible, identifiable costs that dollar amounts can break down. For example, bills, invoices, and estimates can provide specific values for the economic damages suffered by an accident victim. Such documents can be used by insurance companies, judges, and juries to analyze what a victim can recover for economic damages.
Initial Medical Expenses
Treatment by ambulance, emergency care, and inpatient treatment are some of the initial expenses an accident victim will face. In the following days, prescription costs and follow-up appointments will also contribute to a victim’s bills. The costs of medical equipment, prescription medication, and supplies also fall within this category. Medical bills can seem insurmountable in cases of a catastrophic injury, even if your insurance covers some of your costs. A personal injury lawyer will review all bills and invoices related to early medical treatment to calculate initial medical expenses.
Future Medical Expenses
Future medical expenses in a West Virginia personal injury case can include rehab, therapy, prescription costs, and assisted living services. Since an accident victim only gets one shot to pursue their injury claim, the issue of future medical needs must be addressed while the claim is pending. An experienced Charleston personal injury lawyer will know when and how to address the important issue of future expenses.
Property Damage
Damage to vehicles, homes, and other property is common after an accident. Accident victims are entitled to seek reimbursement for property damage costs through a personal injury claim. Physical evidence, invoices, repair estimates, expert analysis, and other documentation can be crucial to proving property damage amounts.
Lost Income
Lost wages due to an accident are part of the economic damages an insurance company or court will review.
For wage-earners, lost wages can be calculated by determining your daily or weekly wage and adding up the time missed. If you earn $1,000 weekly and an accident causes you to miss five weeks of work, you could be entitled to $5,000 for lost wages.
Lost income can be somewhat more complex for seasonal employees, business owners, and self-employed workers. In these situations, you may need to use your year-round averages and past tax returns to estimate what you should have earned during the time missed due to your injury.
For future lost income, the calculation will involve different factors, including:
- Your age. Those with many years of potential work ahead of them could be entitled to more than those closer to retirement age.
- The type of industry. If you are in an industry with strong growth and profit potential, this could increase your earning potential for the sake of calculating economic damages. In an industry where profits and growth are less robust, the value of future earnings will be limited.
- Your potential for promotion. If your career was on an upward path before the accident impacted your work, this can also be incorporated into your economic damages.
Usually, the accident victim must be employed or have some form of income at the time of the accident for lost wages to be factored in.
Is There a Cap on Economic Damages in a West Virginia Personal Injury Case?
Some states limit the damages that can be collected in a personal injury case. West Virginia, has no general cap on economic damages in personal injury cases. However, punitive damages are capped at $500,000. Punitive damages are those in addition to compensatory damages, which are sometimes used to punish and deter wrongdoers.
In most cases, West Virginia plaintiffs can seek compensation for all economic damages suffered from an accident.
Should I Hire a Lawyer to Collect Economic Damages?
Obtaining economic damages in a personal injury case requires certain types of proof that a lawyer is trained to collect. An experienced Charleston personal injury lawyer can evaluate your case and collect documentation to support your claim for economic damages. Hiring a lawyer can help you deal with difficult insurance companies and move your case forward through the legal system.
Call an Experienced Charleston Personal Injury Attorney Today
If you were hurt in an accident, you will want to move quickly to prove your claim. You could be entitled to compensation for medical bills, lost wages, and other costs. Contact a dedicated Charleston personal injury lawyer from Farmer, Cline & Campbell, PLLC, to learn more about economic damages and your legal rights. Call us at (304) 346-5990 and schedule your free consultation today.