Hewitt & Salvatore discusses how damages are determined in West Virginia personal injury cases.

Here’s How Damages Are Determined in West Virginia Personal Injury Cases

If you’ve been injured in an accident and would like to file a personal injury claim, you probably wonder how much compensation you may be entitled to. In determining the amount of damages in your case, the court examines the specific circumstances of your lawsuit and applies a statutory formula. There are many types of damages available in West Virginia personal injury cases, including:

  • Past medical bills related to the accident
  • Past lost wages related to the accident
  • Future medical bills
  • Future lost wages
  • Past and future pain and suffering
  • Punitive damages
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Below is an overview of the way damages are determined for personal injury cases in West Virginia. For additional information on this subject, please contact a personal injury attorney as soon as possible. 

Who pays the claim? 

In a personal injury case, the party responsible for the injury is called the defendant, and the injured party is called the plaintiff. It is often assumed that the defendant is the party who pays for the plaintiff’s injuries in a personal injury claim. However, it is often the defendant’s insurance company, rather than the defendant, who pays for the plaintiff’s injuries. Typically, the defendant’s insurer pays for the plaintiff’s personal injury claim via settlement or following a trial. Due to various bankruptcy laws, insurance laws, and other factors, defendants rarely have to pay out of pocket in personal injury cases. 


The formula 


There are several factors that determine the value of a personal injury case, and these factors apply regardless of whether a case involves a work injury, a slip and fall accident, an auto accident, or any other accident or injury caused by a party’s negligence. And although every case is unique, the following formula is useful for approximating the value of a personal injury lawsuit:

Past medical expenses + future medical expenses + past lost wages + future lost wages + pain and suffering = the approximate value of a personal  injury claim in West Virginia 

However, if you’ve suffered an injury and would like a detailed and accurate assessment of your potential damages, it is recommended that you contact a West Virginia personal injury attorney as soon as possible. 

Get the compensation you deserve!  

If you’ve been injured in an accident of any kind, you need an experienced West Virginia personal injury attorney on your side. An experienced personal injury attorney will protect your legal rights and guide you towards the proper course of action based on your situation. At Hewitt & Salvatore, we pride ourselves on providing personal attention to each case that bigger firms can’t match, and we’ll treat your personal injury case as our top priority. You can trust us to see your claim through to a successful conclusion. Please contact our office today for a consultation.