Are Damages Limited or Capped in Medical Malpractice Cases?

March 30, 2022

If you or somebody you love sustains an injury for illness as a result of the negligent actions of a medical provider in West Virginia, you may be able to recover compensation for your losses. However, you need to know whether or not there are limitations in place on the amount of compensation you can receive for a successful medical malpractice claim. We strongly encourage you to work with a skilled medical malpractice attorney who can examine the facts of your case and help you understand what types of compensation you will likely receive.

What Are Damage Caps?

Damage caps are limitations on the total amount of money a person can receive for a certain type of claim. In some states around the country, there are absolutely no damage caps attached to any type of personal injury or medical malpractice case, as many courts have deemed these limitations as unconstitutional. However, a significant percentage of states in this country do have damage caps in place, particularly for medical malpractice claims.

West Virginia Medical Malpractice Compensation Limitations

West Virginia does place certain limitations on medical malpractice claims, but we need to make sure that the reader understands that these caps do not apply to all types of compensation in these cases.

When a person sustains an injury or illness caused by the negligent actions of a medical provider, it is crucial for them to be able to recover compensation for their medical bills and lost wages. In West Virginia, there is no limitation to the amount of compensation a person can receive for their medical expenses needed to treat an injury or illness caused by another medical provider.

Likewise, there is no limitation on the amount of compensation a person can receive for their lost wages.

However, the state of West Virginia does place caps on the total amount of compensation a person can receive for their non-economic damages in medical malpractice claims. This limitation is set at $250,000 per occurrence, but it can bump up to $500,000 if the medical malpractice claim resulted in certain types of catastrophic damages, including serious or permanent disfigurement, an injury that permanently prevents a person from being able to care for themselves, or wrongful death.

Non-economic damages in these situations refer to more immeasurable losses that victims sustain due to the medical malpractice. This includes physical pain and suffering losses, emotional and psychological distress, loss of quality of life, as well as loss of consortium for a spouse or family members.

Working With an Attorney

If you or somebody you care about has been injured as a result of the negligent or careless actions of a medical provider in West Virginia, you need to reach out to an injury attorney immediately. A skilled lawyer can use their resources to handle every aspect of your claim. Medical malpractice claims are notoriously difficult, and it is nearly impossible for a victim of medical malpractice to handle the claim on their own, particularly when going up against well-funded insurance carriers.

A skilled attorney will be by your side to investigate the incident, handle all communication and negotiation with other parties, and even take your case all the way to trial if necessary.

FIND OUT IF YOU HAVE A CASE TODAY

Contact us For a Free Consultation

CALL US AT

(304) 264-8505

Fill out the form below to get in touch!

100% privacy guarantee