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What are the limits on a medical malpractice award in West Virginia?

How is a car accident different from a tractor-trailer accident? When do I need an injury lawyer in West Virginia? Where can I get a free consultation? Get answers to your questions at the Miley Legal Group FAQ page. Our experienced attorneys have provided up-to-date responses for the most common questions following a personal injury.

A: Yes. The state of West Virginia places a $500,000 liability cap on medical malpractice claims or lawsuits. This applies to cases in which a wrongful death has taken place or in cases where someone's injuries lead to a permanent disability. In any other type of case, the limit is $250,000.

However, if the liable healthcare provider does not have at least 1 million dollars of insurance coverage then the limit of $500,000 does not apply. Additionally, if an injured party has already received compensation from a collateral source, then the judgment amount may be offset.

It doesn't take very long to recognize that liability caps make no sense, especially since it is so difficult to determine what the long-term effects of a serious injury or the loss of a loved one will be. This is why it is critical to have an experienced Clarksburg medical malpractice attorney on your side from the start. Your Clarksburg medical malpractice attorney will ensure that you are treated fairly throughout the claims process and will work with medical experts to make certain that your award takes into consideration both the immediate and latent effects of your losses.

Contact a Clarksburg Medical Malpractice Attorney Today

Medical malpractice claims are very complex. Most people are not qualified to handle their claim on their own. And, why should you? An experienced Clarksburg medical malpractice attorney from The Miley Legal Group can advise you of your rights and legal options and file a claim on your behalf. Our firm will work hard to build a strong argument so we can get you the compensation you deserve. Contact us today for a FREE consultation - 304-326-1800.