Compensation in a Medical Malpractice Claim (Part B)

Direct Damages in a West Virginia Medical Malpractice Claim

Direct damages are damages that have a monetary value.
This includes medical bills and lost income, as well as loss of services.

If an injured claimant has to pay for a replacement to perform services he or she used to do, like household chores or taking care of children, direct damages may be collected. 

Indirect Damages in a West Virginia Medical Malpractice Claim

With indirect damages it is difficult to place a monetary value on what has been lost, though a claimant may still receive compensation.

Compensation may be received for the following types of indirect damages:
 

  • loss of companionship;
  • emotional suffering;
  • mental anguish; and
  • grief. 

While it is hard to put a price tag on these types of damages, your Clarksburg medical malpractice lawyer can work with you to establish a fair monetary value for these non-economic losses in your West Virginia medical malpractice claim.

Punitive Damages in a West Virginia Medical Malpractice Claim

Punitive damages are difficult to prove and only apply in extreme cases of neglect. The claimant must prove gross negligent care by a healthcare provider that resulted in his or her injuries. 

Punitive damages may be awarded in the case of a doctor who knowingly and recklessly acted in a manner that led to serious injuries. An experienced Clarksburg medical malpractice lawyer can determine if you may be eligible for these types of damages.

Compensation Caps in a West Virginia Medical Malpractice Claim

There are caps on compensation that may be received in a West Virginia medical malpractice claim. There is a cap of $250,000 on pain and suffering with the exception of medical malpractice cases involving loss of limb, permanent disability or death. In these cases the damage cap is set at $500,000. It's important to speak with your Clarksburg medical malpractice lawyer about any damage caps that may impact your West Virginia medical malpractice claim.  

How a Clarksburg Medical Malpractice Lawyer Can Help

If you have been seriously injured because of medical malpractice in West Virginia, you may be eligible to file a West Virginia medical malpractice claim. A Clarksburg medical malpractice lawyer can evaluate your case and help you determine your next steps.

The Miley Legal Group will fight for the compensation you deserve and help you move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800.