West Virginia Medical Malpractice Laws
Help from medical malpractice law firms
It would take a significantly long time for the average individual to educate
himself or herself on malpractice law. After all, it is a complex, multi-faceted,
and ever-changing field of legal practice. However, some background knowledge
is good to have if you must bring a case against a healthcare professional
while using a medical malpractice law firm in West Virginia.
The following are a few quick facts about malpractice law in West Virginia that the
malpractice attorneys at DiTrapano Barrett DiPiero McGinley & Simmons, PLLC would like you to know:
- How long you have to pursue a case under the statute of limitations. Although
every case is unique, the majority of claims for malpractice must be brought
against defendants within two years of the date that harm was caused,
or within two years of the date it should have been discovered. There
are some situations where could be given more time, but generally you
must act quickly and consult with a lawyer.
Why expert testimony is needed for your claim. Under medical malpractice
laws in West Virginia, it must be proven that the defendant failed to
uphold a reasonable standard of care for his or her profession, and that
this failure led to injury on behalf of the plaintiff. In order to provide
evidence for this, expert testimony usually must be presented, often in
the form of statements and testimony by medical professionals who are
highly regarded in their field. The
West Virginia medical malpractice law firm of DiTrapano Barrett DiPiero McGinley & Simmons, PLLC has spent decades
forming relationships and procuring the help of exactly these types of
medical experts, resulting in numerous settlements and cases won for our clients.
Damage award limits. West Virginia medical malpractice law places monetary
limits on the damages you can collect if the doctor in question has medical
malpractice insurance for one million dollars or more. Noneconomic damages,
such as compensation for the pain and suffering due to your injuries,
are limited to $250,000, while actions that involve traumatic injuries
are limited to $500,000. We do our best to reach a
malpractice settlement for you, but if the insurance company for the doctor or hospital is not
reasonable, we use our combined 160 years experience to take your case
to trial to get you the compensation you and your family deserve.
Contact our West Virginia medical malpractice lawyers today
If you or a loved one is injured, there is no time to waste. You need attorneys
experienced in West Virginia malpractice law to begin working on your
behalf immediately. At DiTrapano Barrett DiPiero McGinley & Simmons,
PLLC, we also represent victims statewide in personal injury and trucking
Contact us today at
(304) 816-4704 for a free consultation and evaluation of your claim.