Elements of Personal Injury Damages… What Are They?
A personal injury can be a broken leg, torn muscles in a neck, or a serious brain injury. Ascertaining the value of a claim can be a complex undertaking. First, since WV is a “comparative fault” state, we must determine if the potential client’s fault is less than the other party. If not, the other party is not liable. Assuming the other party’s fault is greater that 50%, the question is always HOW MUCH greater! Claims often hinge on the value of reasonable medical “special damages”, but, diagnostic tests that turn out negative generate fewer addition damages than when the tests are positive for permanent injury or are treatment related, such as physical therapy. Generally your claim will be for pain and suffering, mental anguish and worry; loss of enjoyment of life, temporary and permanent impairment, disfigurement, medical expenses, lost wages and benefits, and disfigurement. In a wrongful death case, damages can include the loss of the decedent’s income for life, and for married cou
