After an accident, the financial impact can be overwhelming. Ambulance rides, ER visits, hospital stays, ongoing rehabilitation, and time away from work can create a mountain of medical bills and lost income. While you’re trying to focus on your recovery, the reality of these expenses can make that nearly impossible. Fortunately, the law provides several paths for injury victims to seek compensation for their losses as a medical malpractice lawyer can share.
Types Of Compensation Available
1. Economic Damages
These damages are meant to cover the direct financial costs that result from an accident. If you’ve been hurt due to someone else’s negligence, you may be entitled to recover:
- Emergency care and hospital bills
- Follow-up appointments, surgeries, and ongoing treatment
- Prescription medications and necessary medical equipment
- Physical therapy or occupational therapy
- Lost income from missed work
- Reduced earning capacity if the injury limits your ability to return to your prior job
Economic damages are relatively straightforward to calculate when good records are kept. Every receipt, bill, and pay stub can help illustrate the financial burden the injury has created.
2. Non-Economic Damages
Not all harm can be measured in dollars and cents. Non-economic damages recognize the emotional and psychological toll that injuries often take on victims. As our friends at Hayhurst Law PLLC can share, these may include:
- Physical pain and suffering
- Emotional distress, including anxiety or depression
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Damage to personal relationships or quality of life
These damages are more subjective and often require personal statements, medical evaluations, or expert testimony to quantify.
3. Punitive Damages
Punitive damages are less common but can apply in situations where the at-fault party acted with extreme negligence, recklessness, or intentional harm. These are not designed to compensate the victim, but rather to punish the wrongdoer and send a message to others. In West Virginia, punitive damages may be awarded in cases involving drunk driving, assault, or blatant disregard for public safety.
Why Documentation Is Crucial
No matter what types of damages you’re seeking, documentation can make or break your case. Accurate and complete records demonstrate how the injury has affected your life — physically, emotionally, and financially. Victims should keep:
- All medical records and bills
- Documentation of time missed from work and income loss
- Receipts for out-of-pocket expenses like transportation, over-the-counter medications, or home modifications
- Photos of injuries and the accident scene
- Notes on how the injury has changed day-to-day life
The better you document your experience, the stronger your claim will be.
Don’t Accept Less Than You Deserve
Insurance companies may reach out early and offer settlements that sound reasonable but don’t come close to covering all your damages. They rely on the fact that most people aren’t familiar with their full rights under the law. Having a legal advocate who understands how compensation works can ensure you don’t leave money on the table.
If you’re dealing with pain, stress, and a stack of medical bills, know that help is available. You don’t have to face it alone — and you deserve compensation that truly reflects everything you’ve lost. Contact a lawyer near you today for help.