Being injured in a West Virginia car accident can be devastating. If you plan on filing a lawsuit against the responsible party, you might wonder if you can recover damages for pain and suffering.
What types of damages can you recover after a car accident?
West Virginia allows individuals who have been injured in car accidents to recover two types of damages: economic and non-economic. Economic damages are those that you can attribute a specific monetary amount to such as your medical bills, lost wages, and property damage.
Non-economic damages are those that cannot be measured by a set financial amount. These damages include pain and suffering and emotional distress.
Although there are often caps on non-economic damages for personal injury claims stemming from car accidents, this is not the case in West Virginia for pain and suffering. As a result, it’s possible to recover a substantial award for such damages.
What is the statute of limitations for filing a personal injury lawsuit?
If you are planning on filing a personal injury lawsuit after getting into a car accident in West Virginia, you must file within the proper length of time. The statute of limitations is two years from the date of your injury.
If you are filing a personal injury claim on behalf of a child, the statute of limitations is two years or up until the child turns 12 years old, whichever is longer.
How are pain and suffering damages calculated?
How much money you might recover for pain and suffering depends on various factors. The severity of the injury and whether it’s permanent and disabling are among them. The court will also consider whether you have suffered disfigurement, serious scarring or chronic pain.