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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Compensation in a Medical Malpractice Claim (Part A)

If you have been seriously injured because of medical negligence, and wonder what types of compensation you can receive, you should understand the laws concerning medical malpractice in West Virginia. There are different types of compensation you can receive, and a cap on certain damages you can recover.

Determining the type of compensation you can receive requires the help of an experienced Clarksburg medical malpractice lawyer. Your lawyer will understand the laws concerning compensation in a West Virginia medical malpractice claim, and can determine if medical negligence led to your injuries, as well as who may be held liable for damages.

Overview of Compensation in a West Virginia Medical Malpractice Claim

If you have suffered from medical malpractice in West Virginia, there are different types of compensation you can recover in a West Virginia medical malpractice claim. The point of receiving compensation is to recover expenses that you incurred because of your injuries. But compensation can also cover non-economic suffering.

The following expenses may be recovered in a West Virginia medical malpractice claim:

  • medical bills;
  • lost income;
  • rehabilitation; and
  • therapy.


Compensation for these types of expenses may include past, current and future damages. If an injured individual is unable to return to the same line of work, or forced to work for less, he may receive compensation for lost future income.

A claimant may also receive compensation for non-economic loss such as pain and suffering. Punitive damages are awarded in cases of gross medical negligence.
This type of compensation both awards claimants for non-economic suffering and helps deter future medical malpractice claims.

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