How Long Do I Have to File a Claim?
The state of West Virginia has a two years statute of limitations on personal
injury cases. This means that you have two years from the date of your
injury to file a claim or you may lose your right to pursue compensation.
Unlike some states, West Virginia has the same statute of limitations
for claims against government workers and entities, although there are
some exceptions to this. Our attorney can you help you discover how long
you have to file a claim.
What Damages Can I Recover in a Personal Injury Case?
There are three broad types of damages you can pursue compensation for in a personal injury case, economic, non-economic, and punitive. Economic damages, as the name suggests, compensates for financial losses associated with the injury you suffered such as medical expenses and the inability to work. Non-economic damages compensate for the more intangible losses an injury victim suffers such as pain and suffering and emotional distress. Because non-economic damages compensate for more abstract losses, they are also called general damages. Together economic and non-economic damages are called compensatory damages, which means that the purpose of them is to compensate the injured party for a loss. Punitive damages differ from compensatory damages in that their main purpose is the punish the defendant for their negligent behavior. Because punitive damages can be quite harsh they are often reserved for cases where the defendant knew their actions would cause harm but them anyway.