Serious personal injuries can devastate both the injured person and his or her family. When a person is injured due to the carelessness of another, the law allows the victim to bring a claim seeking compensation for past and future medical bills, lost income and other damages resulting from the personal injury. Anyone who has suffered a serious personal injury or who has had a loved one suffer a serious personal injury knows that the loss is not limited to medical expenses and income alone. The injured person not only suffers from the pain of the personal injury, he also endures an injury to the quality of life as well as depression and other emotional injuries. In recognition of this additional injury, the law also allows the jury to provide compensation for the pain and anguish that accompanies the injury.
Typical cases involve personal injuries from automobile wrecks, medical malpractice or dangerous products. In most cases in West Virginia, the statute of limitations is two years, but lawyers need time to investigate and prepare cases before filing suit. Moreover, winning cases usually requires prompt efforts to investigate the personal injury case. As a result, injured persons should seek legal advice as early as possible and should never wait until the end of the two year time period to contact an attorney about a personal injury case.
In West Virginia, the executor or administrator of an estate may bring a lawsuit against a party whose wrongful action caused the death of another. These cases can involve the same types of claims as those for serious personal injuries. Damages include the decedant's lost income, the grief of the spouse, children, siblings and parents, medical bills, and funeral bills. The WV Wrongful Death law is found at W. Va. Code Section 55-7-6.
The laws discussed are general summaries. Individuals who need legal advice should contact an attorney for further information in order to determine what laws apply to their specific situations.
