Damage caps are limits set by law on how much you can be awarded as compensation for your personal injury claim. In the context of medical malpractice claims, there is a maximum amount you can recover for certain parts of your case.
Understanding these caps is crucial when looking to hold a negligent healthcare provider accountable for their mistakes.
The law only limits non-economic damages
West Virginia caps non-economic damages at $250,000. This is money meant to compensate you for pain and suffering, emotional distress and loss of enjoyment of life. However, it can increase to $500,000 for severe cases like permanent disfigurement or wrongful death. It’s also worth noting that the exact amount is adjusted for inflation each year.
On the other hand, there’s no cap on economic damages. As such, you can seek the full amount for medical bills, lost wages, future care costs and other financial losses.
Make the most of your medical malpractice claim
Damage caps may feel unfair, but they don’t mean you’re powerless. The key is making the strongest case possible. It means gathering solid evidence of both your economic and non-economic losses. Save medical records, document your recovery process and keep track of how your life has changed since the malpractice occurred.
Do not overlook any details, be it missed work, sleepless nights or changes in your ability to enjoy life. These pieces help paint a full picture of what you’ve endured. The more thorough your evidence, the harder it becomes to downplay the true impact of the malpractice.
If you believe you have a valid medical malpractice claim, reaching out for legal guidance can give you the best chance at a meaningful recovery that acknowledges the financial and personal costs you’ve faced while protecting your rights.
