Can You Recover Future Damages in an Injury Case?

In a personal injury case, future damages refer to losses people may incur in the future for costs of treating injuries stemming from the negligence of another party. Many insurance companies do not willingly offer these kinds of damages, so it is important for all victims in West Virginia to seek the help of a skilled Charleston personal injury attorney when attempting to seek future damages.

The National Center for Biotechnology Information (NCBI) states that the relative ease in establishing future economic damages can be surprising when it comes to the high threshold for many other elements. In the Supreme Court of Appeals of West Virginia case of Cook v. Cook, No. 31703, the Circuit Court of Kanawha County held that West Virginia law required proof of a permanent injury before people could claim future damages, but the Supreme Court of Appeals disagreed, holding that a permanent physical impairment was not the only kind of lasting consequence that can sustain an award of future damages, including future earnings under the standards set forth in Jordan v. Bero, 158 W.Va. 28, 210 S.E.2d 618 (1974).

Damage Claims in West Virginia

For personal injury cases in West Virginia, most victims are seeking two standard types of damages: economic damages and non-economic damages. Economic damages refer to the actual, tangible costs a person can prove with bills, while non-economic damages are far more subjective and do not offer the same kind of proof.
When it comes to claims for future damages, a victim will generally need to employ some type of expert to attest to the validity of future damage claims. Future damages can be economic or non-economic.

One of the most common kinds of future economic damages is future medical expenses, and usually, medical authorities such as doctors can prove the validity of claims by testifying that a victim is going to require a certain number of rounds of additional treatment for their injuries. Another kind of future economic damages can be future lost wages when a victim is going to be out of work for a considerable period of time.

Future non-economic damages will be much more difficult to quantify because whether you are attempting to prove future pain and suffering or future mental distress, the only tangible proof you might have can again be the statements of a medical expert who can speak to what you will be enduring while you are recovering.

All of these types of claims are exceptionally difficult for the average person to seek on their own, so you will want to be sure that you have the help of an experienced lawyer who will know how to fight for these kinds of awards.

Call Us Today to Schedule a Free Consultation with a Charleston Personal Injury Attorney

Did you recently suffer severe injuries in any kind of accident resulting from the negligence of another party in West Virginia? You will want to quickly speak to Cary Law Office about exactly what kinds of damages you can recover for your injuries.
Our firm maintains a commitment to helping accident victims get justice, and we will work tirelessly to ensure that you can recover every last dollar that is available to you.

Call (304) 804-6369 or contact us online to receive a free consultation so we can discuss your case in greater detail with you and explain how we can help.