Bridgeport, WV Personal Injury Attorney | Desai Law

What Compensation Can You Seek in a Serious Injury Case?

If you’ve been seriously injured in an accident caused by someone else’s negligence or wrongdoing in the Morgantown, WV area, contacting an experienced personal injury lawyer is one of the most important steps you can take to protect your rights and seek the full compensation you deserve. A knowledgeable Morgantown personal injury attorney can review your case, advise you of your legal options, and fight tenaciously to help you recover maximum damages for the harm you’ve suffered.

When you’ve sustained severe injuries due to another party’s reckless or careless actions, you may be entitled to several different types of compensation, also known as “damages” in legal terms. The specific damages available will depend on the unique facts and circumstances surrounding your case. However, in general, plaintiffs (the injured party) in serious injury lawsuits may seek compensation for:

Medical Expenses

One of the primary types of damages sought in personal injury claims is compensation for medical bills and treatment costs related to the accident. 

This can include reimbursement for:

  • Emergency room visits
  • Ambulance transportation
  • Hospital stays
  • Doctor visits
  • Surgeries and other medical procedures
  • Prescription medications
  • Medical equipment like crutches, wheelchairs, etc.
  • Physical therapy and rehabilitation
  • Mental health counseling
  • Any other medical expenses stemming from the accident

Your Morgantown personal injury lawyer will gather all your medical records and bills to calculate the full extent of your past and future anticipated medical costs. Even if your health insurance covered some of your treatment, you can still seek reimbursement for co-pays, deductibles, and any uncovered medical expenses. If you will require ongoing care in the future, your Morgantown personal injury attorney will work with expert witnesses to project those costs.

Lost Wages and Reduced Earning Capacity

Serious injuries often force victims to miss substantial time from work while they recover and undergo medical treatment. You have the right to seek compensation for those lost wages, including sick days, vacation days, bonuses, commissions, self-employment income, and any other earnings you lost due to the accident.

Furthermore, catastrophic injuries may leave you unable to return to your previous job or work in the same capacity as before. If your injuries reduce your future earning potential, you can pursue damages for loss of future income and diminished earning ability over the course of your lifetime. Vocational experts and economists are often brought in to calculate these anticipated losses.

Pain and Suffering

Not all accident-related losses are financial or economic in nature. Being severely injured in an accident is an excruciating experience that often leads to tremendous physical pain and emotional anguish. Under personal injury law, you have the right to monetary compensation for the physical pain, discomfort, emotional distress, anxiety, depression, fear, loss of enjoyment of life, and other non-economic damages you’ve endured.

Putting a dollar figure on pain and suffering can be challenging, as these losses are very subjective and personal. Factors that may be considered when valuing pain and suffering include:

  • The severity and permanency of your injuries
  • The level of physical pain caused by your injuries
  • Emotional trauma and mental health impact
  • Scarring and disfigurement
  • Limitations on activities and lifestyle changes
  • Negative impact on relationships and quality of life

Methods used to calculate pain and suffering damages vary. Some attorneys multiply economic losses by a number between 1-5 based on severity. Others use a per diem approach, assigning a dollar amount to each day from the accident until maximum recovery.

Ultimately, arriving at a fair figure requires looking at awards in similar cases and considering what a jury would likely decide. An experienced personal injury lawyer has the knowledge to value the human losses you’ve suffered.

Wrongful Death Damages

If your loved one was tragically killed in an accident, you may be able to file a wrongful death lawsuit seeking damages for losses suffered by the victim’s estate and family members.

  • Wrongful death compensation may include:
  • Funeral and burial expenses
  • Medical costs prior to death
  • Lost income and benefits the deceased would have earned
  • Pain and suffering endured by the victim before death
  • Loss of the victim’s care, companionship, guidance, and society
  • Emotional distress of surviving family

No amount of money can ever replace a loved one, but a wrongful death recovery can provide a sense of justice, ease financial hardships, and hold the at-fault party accountable. A Morgantown wrongful death attorney can guide you through the process.

What Impacts the Value of an Injury Claim?

The compensation available in a personal injury case depends on numerous factors unique to each situation.

Key elements that influence the potential value include:

  • Injury severity and permanence of damage
  • Strength of evidence proving liability
  • Whether you played any role in causing the accident
  • Amount of insurance coverage available
  • Skill and experience of your attorney
  • Jurisdiction and characteristics of the area
  • The individual judge and jury

Steps to Protect Your Right to Compensation

To give yourself the best chance of recovering maximum compensation after a serious injury, you must take the proper steps to protect your rights and build a strong case.

Here are some key actions to take:

  1. Seek prompt medical care and follow all treatment recommendations.
  2. Avoid discussing the case with others or posting on social media.
  3. Do not give a recorded statement to any insurance companies.
  4. Contact a reputable Morgantown personal injury attorney as soon as possible.
  5. Keep track of all accident-related losses and expenses.
  6. Stay in close communication with your lawyer and provide updates.

Most important is getting skilled legal representation early on. The at-fault party’s insurer will have a team of adjusters and attorneys looking for ways to minimize or deny your claim. You need an aggressive legal advocate fighting back and working to secure every cent of compensation you’re entitled to.

How a Morgantown Personal Injury Lawyer Can Help

Resolving a serious injury claim is stressful and overwhelming, especially when you’re trying to focus on recovering. An experienced Morgantown personal injury attorney can shoulder the burden for you and take care of all the complex legal matters. From investigating the accident and gathering evidence to negotiating with insurers and litigating your case in court if needed, your lawyer will be your strongest ally and advocate every step of the way.

At The Desai Law Firm, we understand the immense physical, emotional, and financial toll a severe injury can take. We’re here to help you pursue the justice and compensation you deserve so you can focus on healing and moving forward with your life. Our founding attorney, Chirag Desai, has dedicated his career to fighting for injury victims and holding negligent parties accountable. He knows what it takes to prevail against powerful insurance companies and win top-dollar settlements and verdicts.

If you or a loved one has been seriously injured in an accident in the Morgantown area, don’t wait to get the legal advocacy you need. Contact Desai Law today at (304) 974-1974 or request a free consultation online.


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