Is There a Cap on the Damages I Can Receive After Medical Malpractice?

You might be considering talking to a WV personal injury attorney about a possible medical malpractice suit. Maybe you’re wondering how much you can get in your settlement and if there’s a cap on the settlement amount. These are some of the answers to your questions. 

Do You Qualify for Medical Malpractice? 

The first question you must have a personal injury attorney Huntington specialist answer is whether you are eligible for a medical malpractice case. You must meet certain guidelines before such an attorney gets involved in your case. For one, you must begin your malpractice case efforts before two years have elapsed from the date of the occurrence. 

Secondly, you have to be able to prove that you sustained substantial injuries because of the negligent practices of a medical provider. You may need to have another medical specialist speak on your behalf. A personal injury Huntington attorney will assist you if you qualify for a medical malpractice case. Usually, the attorney knows by the end of the consultation whether a case has potential. 

Is There a Cap on the Settlement Amount? 

West Virginia does have a cap on the amount of money you can receive in a personal injury settlement, but only on the non-economic portion. There are two types of settlements you can receive in a medical malpractice case. The first kind is called compensatory damages, and it covers your medical bills, lost work wages, recovery treatment and the like. The other settlement amount is called punitive damages, and a judge will only award it to you if the practitioner was extremely neglectful. Punitive damages cover intangibles like pain and suffering. The cap would be $250,000 per incident and $500,000 if the incident involved extreme neglect that resulted in a wrongful death. 

What to Do If You Need Help 

The first step toward getting the compensation you deserve is to contact a personal injury Huntington West Virginia office and schedule an appointment to talk. McClure Goad Law is available to help you get the compensation you deserve for your untimely medical malpractice incident. You can schedule an appointment by phone call or short form and speak to a seasoned attorney soon.