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Legal Help For West Virginians Who Have Suffered Life-Altering Catastrophic Injuries

Last updated on September 17, 2024

To the victim of harm, all injuries are significant. Slipping and falling, for example – even if the injury only results in minor bruising – can be shocking and jarring. Being involved in a car accident can also be traumatic, even if one is not seriously injured. However, some accidents leave people with life-changing injuries like traumatic brain injuries, spinal cord injuries or the loss of a limb.

If you or a loved one has suffered one of these catastrophic injuries, The Masters Law Firm, L.C., can help. Our West Virginia catastrophic injury attorneys help people with serious injuries and their loved ones navigate the legal process and recover financial compensation for the harm they experienced.

What Is A Catastrophic Injury?

A catastrophic injury is classified as such because this type of injury results in long-term or permanent disability or loss of use of a bodily function. The causes of these serious injuries can include motor vehicle accidents, accidents that occur in the workplace, negligence on the part of health care providers and many other accidents.

Any severe injury that permanently impacts a person’s ability to function as they did previously can be catastrophic. We discuss some of the most common types of catastrophic injuries on this page.

Seeking Full And Fair Compensation For Traumatic Brain Injuries

The brain is responsible for all of the things that we find most valuable. Thinking and problem solving, communicating and understanding, movement and sensation, and so much more. If the brain is damaged in an accident, the effects are often not only physically limiting but also very emotionally trying.

The Centers for Disease Control and Prevention (CDC) explain that a TBI can have various functional short- and long-term effects. Primarily, a traumatic brain injury can have an effect on a person’s thinking, memory and reasoning; sensation, sight and balance; language, communication, expression and understanding; and emotion, potentially causing depression, anxiety, acting out, social inappropriateness and personality changes.

The above list only hints at how severe a traumatic brain injury may be. A TBI can result in being unable to return to work and suffering lost wages as a result, tens of thousands of dollars in medical expenses, ranging from surgeries to rehabilitation costs, and even being unable to maintain relationships or provide for one’s own physical care. These costs are physical, economic and noneconomic.

Our experienced West Virginia traumatic brain injury (TBI) lawyers know how much a brain injury can change your or your loved one’s life. While we understand that nothing can truly compensate someone who suffers a TBI, we can help you recover financial compensation for your losses.

Types Of Traumatic Brain Injuries

The effects of a TBI will depend on many different factors, not least of which is the type of traumatic brain injury the person has suffered. Types of traumatic brain injuries include:

A concussion is one of the most common types of TBI and occurs when the head is hit with an object. A concussion may also be the result of violent shaking of the head or another form of direct blow to the head.

A contusion refers to bleeding on the brain. Like a concussion, a contusion is usually the result of a direct blow or impact to the head.

Diffuse axonal injury is the result of severe shaking or jarring of the head or strong rotational forces. Shaken Baby Syndrome is the result of a diffuse axonal brain injury. Severe whiplash type injuries can also cause diffuse axonal brain injury.

A coup-contrecoup injury is a severe brain injury that refers to damage on two parts of the brain directly opposite from one another. The injury occurs when the head is hit with or subjected to such force that the brain slams into the wall of the skull on the opposite side of where the head was hit.

A penetration injury occurs when the skull and brain are penetrated by an object, such as a flying piece of equipment, or another sharp object.

The brain is one of the most complicated organs and no two traumatic brain injuries are exactly alike. This is why accurate diagnosis and a robust treatment plan are especially critical after a brain injury.

Common Causes Of Traumatic Brain Injuries

Traumatic brain injuries can come from nearly any source that makes violent contact with someone’s head or causes someone’s brain to violently contact the surrounding skull. Some of the most common causes include:

Motor vehicle accidents
Pedestrian accidents
Motorcycle accidents
Slip and falls
Sports injuries
Violence
Workplace accidents
Defective product accidents

The cause of the TBI will have a significant effect on whether or not the victim has a right to pursue a personal injury claim for damages. If you are unsure of whether or not you have a claim, please call our Charleston injury attorneys, and we can review your case for free. Just call 304-371-7894 or reach out online.

Who’s Liable For A Traumatic Brain Injury And Related Damages?

When a person suffers a traumatic brain injury, they may be able to hold another party liable for the injury and related costs if they can prove that their TBI and related damages would not have occurred but for the at-fault party’s negligence. As one example, a victim could bring a claim against the owner of a property that was negligently maintained, leading to a slip and fall. A drunk driver who caused a serious car accident could also be held liable.

The lawyers at our Charleston brain injury law firm can investigate your case, gather evidence to prove the fault of the liable party and bring forth a claim for damages. It is our job to prove that the at-fault party’s negligence – the failure to exercise the required degree of care – was the proximate cause of the accident in which you were involved, your brain injury and your related costs, both financial and nonfinancial.

Our West Virginia Spinal Cord Injuries Lawyers Are Ready To Help After A Life-Changing Accident

Spinal cord injuries and traumatic brain injuries share many common causes, including auto accidents, sports injuries, falls, workplace accidents and acts of violence. As with traumatic brain injuries, damage to the spinal cord is likely to be life-changing.

The spinal cord is one of the body’s most important systems. Running the length of the spine, the spinal cord refers to a bundle of nerves that communicates messages between the brain and all other parts of the body. Whether you want to go to the restroom, take a step, pick up your child or bring a spoon to your lips, your ability to do so is governed by the brain’s ability to communicate with the body via the spinal cord.

The spinal cord is protected by the vertebral column in the back, which is comprised of individual vertebrae. A spinal cord injury occurs when the spinal cord is bruised, partially torn or completely torn as a result of trauma to the spine.

The Devastating Effects Of A Spinal Cord Injury

The effects of a spinal cord injury can impact most or all of the body. In the most severe of cases, acute spinal cord injuries can cause death. When the injury is not fatal, it can result in permanent partial or complete paralysis. Paralysis or partial paralysis will occur from the site of injury in the spinal cord downwards, as the site of injury represents the part of the spine where messages sent by the brain are no longer able to pass due to damage.

If the spinal cord injury occurs in the cervical spine (neck), then the individual can suffer paralysis from the neck downwards. If the injury occurs in the lumbar spine (lower back), then the person can be paralyzed from the waist down.

Paralysis or partial paralysis may mean requiring the use of a mechanical ventilator, a bladder catheter, a feeding tube, a wheelchair and the necessity of home modifications. Many people who suffer a serious spinal cord injury are able to return to work, have children or live independently.

Damages Recoverable In A Spinal Cord Injury Claim

If you suffer a spinal cord injury, it can be difficult to know your rights and your options. If the accident that resulted in this type of injury was caused by another party’s negligence, you deserve to file a claim for damages against the negligent party and seek compensation for the full value of your losses. A highly skilled spinal cord injury lawyer in West Virginia can help you and your family recover compensation for:

Medical expenses: A spinal cord injury will undoubtedly result in high medical bills, many of which may be denied by an insurer or you may be unable to pay. This also includes any therapy and rehabilitation costs.

Lost wages: As stated above, suffering a spinal cord injury typically means a long-term or permanent inability to work. In such cases, our lawyers will ensure your settlement offer includes compensation for your past and present lost wages and benefits.

Property damage and other economic costs: You may have suffered property damage losses as a result of the accident that caused the spinal cord injury, such as a totaled vehicle. Further, your injury may require many home accommodations, such as the installation of lower countertops and cabinets that are accessible via wheelchair. You deserve to be compensated for any costs you incur.
Pain, suffering, disability, emotional anguish and diminished quality of life: Suffering a spinal cord injury and becoming paralyzed is absolutely devastating – there are no words that are enough to describe the level of an injured person’s anguish. You deserve to be compensated in full for the value of your noneconomic losses as well as your economic ones.

When you hire our law firm, one of the first things that we will do is start investigating your case with the purpose of determining what happened and identifying the at-fault party. This could be a careless driver, a negligent property owner or the manufacturer of a dangerous product, to name just a few.

Once we know who’s liable, we will calculate your damages and file a claim. We represent you in all settlement negotiations and aggressively advocate for you. It is important that the lawyer you choose has experience handling your type of claim. Our attorneys have trial experience and are recognized by the Multi-Million Dollar Advocates Forum.

West Virginia Attorneys Fighting For Burn Injury Victims

Burn injuries are painful and debilitating, and serious burns can also be disfiguring. If you have suffered a burn injury, you may be facing serious financial losses as well as psychological and emotional trauma. Our burn accident attorneys at The Masters Law Firm, L.C., recognize the tragic nature of your situation and want to help you recover compensation for your losses. We are committed to working hard for you.

Burn Injuries Have Numerous Causes

While most people think of fire or hot surfaces when they think of burns, burn injuries can be caused by sunlight, electricity, radiation, chemicals or heat (e.g. fire or hot steam). The U.S. National Library of Medicine also classifies the inhalation of smoke as a type of inhalation injury burn.

Burns can happen outside (i.e. touching a downed power line), at the hospital (radiation burn), at home due to a home fire or accident, or in the workplace, where a workplace fire, explosion, electrocution injury or chemical exposure incident may occur. Burns can also impact more than just the skin. They can also damage your eyes and your lungs. Chemical burns can be very severe and have lasting effects on your vision and breathing.

Degrees Of Burn Injuries

Touching a hot surface for a split second or getting a bad sunburn can be painful, but usually doesn’t require medical attention. Instead, these types of burn injuries are classified as minor first-degree burns, where only the outer layer of the skin is damaged. Most first-degree burn injuries can be treated at home and do not require any intensive medical care.

Second-degree burns, on the other hand, are slightly more serious. When a person suffers a second-degree burn injury, both the outer layer of the skin (epidermis) and the layer of skin directly under the epidermis (dermis) are damaged. The result can be splotchy skin and blistering, as well as significant amounts of pain.

Third-degree burns are even more serious than second-degree burns, resulting in damage to the layers of skin and the layer of fat beneath the skin. Third-degree burns can actually be less painful than second-degree burns because the nerve endings may be destroyed, resulting in a sensation of numbness. Third-degree burn injuries are very serious, leading to permanent disfigurement and scarring. These types of burns can be life-threatening in some cases and cause permanent disability.

Some medical professionals also recognize fourth-degree burns. These burns are rare and so severe that they go through all of the layers of skin, the layer of fat beneath the skin and deeper, possibly damaging bone and muscle. There will often be no feeling in the affected area due to the complete destruction of nerve endings. The burns are often life-threatening and can lead to multisystem organ failure.

Treatment For Burn Injuries

Depending on the severity, types of treatment for a burn injury might include the use of pain management medications, skin grafts and plastic surgery, medications to reduce the risk of infection, physical therapy and more. Those with severe burn injuries may require the use of feeding tubes and breathing assistance. Third- and fourth-degree burn injuries will likely be treated in a specialized burn treatment center. Healing can take months, be extremely expensive and unbearably painful, and leave the affected person with permanent disability and disfigurement. Severe burn injuries also put patients at risk of infection and other serious and life-threatening complications. Often the skin that is left behind is fragile and subject to tears with the slightest bump and is extremely sensitive. At times, the skin loses the ability to properly regulate functions like sweating or skin temperature.

Who Is Liable For Your Burn Injury?

When a person is severely burned, the losses they suffer will be significant, including medical expenses, lost wages and earning capacity, and pain, suffering, disability, disfigurement and loss of quality of life. Our burn injury lawyers firmly believe that a person who has suffered these losses should be compensated in full for them.

Liability for a burn injury is typically based on negligence, which is the failure to exercise the required and expected degree of care. Those who might be held liable for burn injury and related losses include:

A power company that does not maintain its lines
A property owner or landlord who failed to maintain working fire alarms or who otherwise failed to reasonably prevent against fire
The manufacturer of a defective piece of equipment (i.e. an exploding e-cigarette)
A third-party whose negligence caused a fire, such as a person who lit an outdoor fire illegally
The party responsible for an accident, such as a driver whose negligence led to a crash that involved an explosion or fire
A gas well explosion caused by having equipment that is not properly fire-rated for use in the area

If your burn injury happened at work, you may be able to bring a workers’ compensation claim and, in certain circumstances, a civil suit against your employer, or/and a third-party liability claim for harm. When you hire our law firm, our lawyers will work with experts and other professionals to investigate your case, determine the precise cause of your injuries and identify potentially liable parties. We will also work hard to calculate the value of your claim, including future losses and noneconomic damages. Our goal is to help you recover compensation for every cent you have lost, which means that we will aggressively negotiate your settlement and take your case to trial, if necessary.

To learn more, contact our firm for a free consultation. Just call 304-371-7894 or reach out online.

Amputation Injury Lawyers Serving Charleston And Beyond

Suddenly facing the reality of life without one of your limbs is one of the most traumatizing experiences anyone can ever face. Whether it’s caused by medical malpractice, a serious car accident, assault or another reason, amputation is an injury that has lifelong effects for victims and their loved ones. Those who suffer amputations have a long road to recovery ahead of them. From learning how to do daily tasks without a limb to dealing with phantom limb pain and getting back into the workforce, the challenges never seem to be never-ending.

If you or a loved one has suffered an amputation injury, you should not face this struggle alone. With the help of our committed legal team, you can hold those liable for your injuries accountable.

What Causes Amputation Injuries?

Many types of catastrophic accidents and medical errors can lead to amputation. What determines whether or not amputation occurs isn’t necessarily the event itself, but the severity of it. Some common causes of amputation injuries include:

Traffic crashes: The primary cause of surgical amputation in the United States is car crashes. This includes passenger vehicle crashes, commercial truck crashes, motorcycle collisions and pedestrian accidents. A victim may get stuck in a totaled car with damage to one limb, leading to unavoidable surgical amputation. They may be thrown from the vehicle, where they lose the use of a limb and go through surgery to prevent further damage.
Farming accidents: In West Virginia, farming accidents are a relatively common cause of amputation injuries. Compared to other industries, agriculture has an extremely high rate of amputations. This is due to the wide range of machines used in commercial farming.
Workplace injuries: Those in other industries are also at risk of amputation. People who work in construction, manufacturing and vehicle repair are all at risk of catastrophic injuries.
Crushing injuries: When an extremity is crushed, perhaps by a falling object, crumbling building or collapsed roof, they can lose blood flow to one or more extremities very quickly. Furthermore, the crushing impact of these accidents can leave an extremity completely unusable. These accidents often lead to surgical amputation.
Explosions and gunshots: This is a common cause of amputation for veterans. Gunshots, land mines and even items like fireworks can all leave body tissue so damaged that amputation is the only option.
Defective products: Unsafe products reach the market every year, and unfortunately, they often aren’t recalled until someone is seriously injured. Products missing safety features or built with low-quality parts can lead to catastrophic injuries for consumers. This includes items like lawnmowers, power tools, appliances and other household items.
Medical malpractice: Some medical conditions do require amputation. However, if a patient has a medical condition and the doctor does not actively manage their care, amputation may occur even if it could have been avoided. Similarly, amputation may be caused by surgical mistakes or other medical issues.

Because amputation injuries are so catastrophic, victims are often entitled to substantial compensation across a wide range of categories. This could include medical bills (current and future), pain and suffering, lost wages, permanent disfigurement and disability, and more. Everything depends on the specifics of your case, which is why it is recommended that you speak with a personal injury attorney as soon as possible after your accident.

Why You Need A West Virginia Amputation Attorney Fighting For You

After an amputation injury, you may expect the liable party’s insurance provider to do the right thing and pay up, knowing how much hard work lies ahead for you. Unfortunately, this is usually not the case. No matter how obvious it is that the victim deserves substantial compensation, insurance companies will still do everything they can to pay as little as possible.

They might bring up preexisting conditions, suggest that you could have avoided the incident in some way or try to find examples of you not following your doctor’s care suggestions. Anything you tell them or that they find out about you can be used against you, and you need a strong attorney to counteract that. When you choose our firm, you can focus on the hard work ahead of you while trusting that your amputation injury legal case is in good hands. We know that you will need substantial support in the years to come, and we want to fight for compensation that will allow you to get the care and support you need.

A Law Firm Advocating For Victims Of Electrical Injuries

Each year, thousands of people are killed or seriously injured in electrical accidents. Electrocutions can happen almost anywhere. Many electrical injuries are work-related, and there are certain occupations and industries in which the risk of this type of injury is much higher. Electrocutions can also happen at home.

For half a century, our electrocution injury lawyers at The Masters Law Firm, L.C., have successfully represented victims of electrical accidents and those who have suffered all other types of personal injuries in West Virginia. Our attorneys exclusively represent victims of wrongful acts, and they have extensive knowledge of the complexities involved with these types of cases. We work closely with our clients, taking the time to thoroughly evaluate their case and exploring every potential legal avenue toward recovering maximum compensation.

Types Of Electrical Accidents

There are three primary ways that individuals might be injured in an electrical accident:

Electrical shock: These occur when the skin comes in contact with an electrical current, causing the current to run through the body. Electric shocks typically happen on the finger, hand or arm, but they can happen in other parts the body as well. An electrical shock can be mild, moderate or severe, depending on the strength of the current and other factors. In the worst cases, electrocutions can cause heart failure and pose a serious risk of fatality.

Electrical burns: A moderate to severe electric shock can simultaneously cause burns in various parts of the body. Some electrical burns are external and affect only the skin, often resulting in scarring and in more serious cases, disfigurement. But a more severe electrical shock can result in internal burns that affect the bones and surrounding deep tissue.

Electrical fires: With some electrical accidents, the electric current ignites surrounding material and causes a fire. This happens most often when the accident occurs in the vicinity of flammable materials such as gasoline or paint thinner. Electrical fires can be especially dangerous if an individual’s clothes catch on fire. Many people react to fires by trying to douse them with water, but in situations like these, water can make things worse by increasing the risk of an electrical shock.

Some of the most common causes of electrical accident in the home include faulty wiring, overloaded outlets and circuits, damaged electrical cords and defective consumer products.

In the workplace, electrical injuries are commonly caused or made worse by accidental liquid spills near unshielded electricity sources, contact with an overhead or buried power line (this is a common cause with utility workers and on construction job sites) and faulty tools and defective equipment.

The Role Of Workers’ Compensation After An Electrical Injury

The process of recovering compensation for your injuries will depend largely on whether the injury happened in the workplace and who was at fault.

For a workplace electrical injury, the first legal recourse for the victim is usually to file a workers’ compensation claim. Most West Virginia employers are required to carry workers’ comp insurance, and if your employer has it, you can file a claim for benefits.

The good thing about workers’ compensation is that it is a no-fault program that provides coverage for injuries and illnesses regardless of who caused the injury. There are some exceptions to this, such as self-inflicted injuries and injuries that occur because of violations of company policy (like drinking on the job, for example), but in most cases, an injured employee should qualify for benefits as long as the injury was work-related.

The downside of workers’ compensation is that, although it is a no-fault program, the claims process is complicated and confusing, and employers and their insurers sometimes wrongly deny benefits and/or put up unnecessary barriers designed to frustrate an injured employee into giving up on their claim. This is why it is important to work with an experienced electrocution lawyer to help ensure a smoother claims process and that you receive the level of benefits you deserve.

Another drawback with workers’ comp is that benefits are limited to monetary losses such as reasonable and necessary medical expenses, a percentage of lost wages, and rehabilitation and retraining costs. Unfortunately, there is no compensation available for intangible losses such as pain and suffering, psychological distress, and diminished quality of life.

Personal Injury Claims Following Work-Related Electrical Accidents

For some workers who suffer electrical injuries, it may be possible to file a personal injury lawsuit directly against the responsible party. This applies mostly to situations in which a party other than the employer is at fault for the injury.

For example, an electrical accident on a construction site could result from loose wiring that a third-party subcontractor failed to properly secure, in which case the subcontractor would be the one at fault. Another example is when faulty equipment has an electrical malfunction that causes a fire and injures workers nearby. In this case, those injured may be able to file a product liability claim against the equipment designer or manufacturer.

Workers’ compensation laws generally prohibit workers from suing their employer or coworkers for the same employer. In some rare cases, however, it is possible to file a personal injury lawsuit against a West Virginia employer under the legal theory known as “deliberate intent.” To be successful with this type of claim, you need clear and convincing evidence that the electrical accident resulted from the employer’s deliberate actions. Speak with your attorney to find out if a deliberate intent claim is possible in your case.

For injured workers who have a valid personal injury claim and for victims of electrical accidents that happen outside of the workplace, it is possible to recover damages for both economic and noneconomic losses. Your attorney will examine the specific circumstances in your case and calculate the amount and types of damages you should pursue.

Charleston Birth Injury Lawyers Standing Up For Children And Families

When the medical professionals tasked with bringing a child into the world do not do their duty, their mistakes can inflict irrevocable damage on both mother and child. Families dealing with the life-changing consequences of these errors deserve to have experienced help as they pursue justice.

At The Masters Law Firm, L.C., our experienced childbirth injury lawyers have a proven track record of standing up for West Virginia medical malpractice victims. They take the time to understand the impact that these injuries have on families and go the distance to help them pursue the compensation they need.

Common Types Of Birth Injuries

When health care providers use medical devices improperly, fail to appropriately monitor a mother or child’s health, or make other errors during pregnancy or labor, those mistakes can lead to serious or fatal harm. Medical errors that can lead to long-term challenges for a child or mother include:

Brain injuries – Physical trauma from a vacuum or forceps and oxygen deprivation can seriously damage the brain, leading to hemorrhages, hypoxic ischemic encephalopathy (HIE) or periventricular leukomalacia (PVL).
Spinal cord injuries – Injuries to the neck during birth can compress or otherwise damage the spinal cord, leading to paralysis, weakness and limited sensation below the injury.
Cerebral palsy – Injury to the brain and infections during pregnancy can lead to cerebral palsy.
Failure to detect and treat maternal conditions – During pregnancy, a mother’s health has a direct impact on the developing baby, and doctors must properly treat any health issues that arise. Conditions like gestational diabetes, preeclampsia and hypertension all impact both the mother’s health and the child’s development.
Shoulder dystocia – When a baby’s shoulders become stuck during delivery, the nerves between the neck and arms may pull or tear.

Not all injuries are preventable or caused by negligence. If you are unsure, however, we encourage you to contact our attorneys for a free consultation. There is no cost and no obligation to explore your legal options.

Building A Case Against A Negligent Physician Or Hospital

If you believe your newborn suffered a birth injury, take these four steps:

Seek immediate medical attention: Bring your child to a trusted pediatrician or neurologist if you notice anything off. They may be able to diagnose them with a specific issue and determine whether the injury occurred during birth. They can also advise you on effective treatment options moving forward.
Collect all necessary evidence: If you believe your child’s doctor or nurse is responsible for their birth injury, collect any documentation you have from your interactions with them.
Speak with witnesses: Talk with them to any medical staff present during your child’s birth to see if they noticed any reckless or unethical behavior from your doctor.
Call an attorney: Bring evidence and witness statements to a trusted attorney once you have evidence and witness statements. They can turn this evidence into an emotionally compelling case to help you seek justice.

No one ever wants their child to suffer an injury during birth, especially from a medical provider they put their trust in. However, there are avenues you can take to hold them accountable for their recklessness.

Answers To Common Questions About Birth Injuries

Below, we’ve provided answers to questions you may be asking about a potential birth injury.

How can an experienced Charleston birth injury attorney help me?

First, an experienced birth injury lawyer can help you identify whether your doctor or other health care provider could have prevented the injury to either mother or child. As a result, consulting with a lawyer can help you determine whether you qualify for a malpractice claim.

A birth injury lawyer can also help you determine how much your claim is worth. Because birth injuries can lead to lifelong health challenges for mothers and children, achieving fair compensation depends on understanding the full impact of the injury. Lawyers with experience in medical malpractice cases can not only assess your care needs today but also identify future costs and other ways that the injury impacted your life.

Most of all, a Charleston birth injury attorney can help you seek justice and hold your health care providers accountable for their actions. When you seek treatment from your doctor, you put both your life and your child’s future in their hands. By taking legal action with a skilled lawyer by your side, you can not only recover compensation for the harm you suffered but also protect other families by holding health care providers to account for their errors.

How can a birth injury lawyer negotiate a fair settlement for my family?

A skilled birth injury lawyer can negotiate a fair settlement by thoroughly understanding the intricacies of your case and the lifetime implications of the injury. They will consider current and future medical costs, the need for specialized care, the child’s quality of life and the emotional trauma experienced by the family. By presenting a well-documented case that clearly demonstrates negligence and the extent of your damages, your attorney can advocate for a settlement that fully addresses the harm done to your family.

How can a birth injury impact a family?

The impact of a birth injury on a family is profound and multifaceted. It can extend far beyond the immediate health concerns of the child, affecting emotional well-being, financial stability and family dynamics. Parents may face overwhelming medical bills for ongoing treatment, therapy and care, which can be a significant financial burden. Emotionally, the stress and heartache of seeing a child suffer can lead to anxiety, depression and strain on relationships. The family’s daily life may be fundamentally altered, requiring adjustments to work schedules, living spaces and plans to accommodate the child’s needs. The journey is challenging, but with a compassionate legal team, families can seek the support they require to navigate this new reality.

What is the time limit for filing a birth injury claim in West Virginia?

In West Virginia, the statute of limitations for filing a birth injury lawsuit is generally two years from the date of the injury or loss of the child. However, there are exceptions to this rule, especially in cases where injuries may not be immediately apparent. In some cases, the statute of limitations may be deferred to the time when the injury was discovered or should have been discovered. It’s essential to consult with a knowledgeable birth injury attorney as soon as possible to ensure your claim is filed within the legal timeframe. An attorney can examine specific circumstances that may extend the filing deadline and help safeguard your right to pursue justice.

Are there damage caps on birth injury awards in West Virginia?

West Virginia does have caps on noneconomic damages in medical malpractice cases, which include birth injury claims. These caps limit the amount of compensation that can be awarded for pain and suffering, emotional distress, and other noneconomic losses. However, there are no caps on economic damages, which cover calculable losses such as medical expenses and lost earnings. It’s important to discuss the specifics of your case with an attorney who is up-to-date on the current laws and can advise you on the best course of action for your situation.

The Life-Changing Impact Of Catastrophic Injuries

When a catastrophic injury occurs, the affected person will incur numerous losses ranging from medical bills and lost wages to pain and suffering and emotional distress. These losses are often felt for a lifetime.

A person may face significant costs in the aftermath of an accident. Their care may involve hospitalization costs, costs for surgeries and other procedures, rehabilitation expenses and the cost of ongoing medical care. They will often lose wages due to time away from work or lose the ability to earn a living altogether. If an accident proves fatal, their family will need to pay funeral and burial expenses (in the case of a wrongful death).

Unfortunately, the monetary impact of a serious injury is only the beginning. An injured person may experience physical pain and suffering, mental anguish, psychological distress, diminished quality of life, loss of consortium or stress related to disfigurement or permanent injury.

A catastrophic injury can be extremely difficult for close family members as well. Often, the spouse of a severely injured person is suddenly thrust into the role of caregiver, sometimes providing frequent or round-the-clock care without previous medical experience. They may find themselves trying to make ends meet without their spouse’s income, sometimes trying to perform extra work while caring for the injured person. Children may find this new strain on their family difficult to process.

How Can The Masters Law Firm, L.C., Help?

Being involved in a serious accident that results in catastrophic injury will no doubt feel unjust and may lead to feelings of hopelessness, anger and deep frustration within you. While you may feel alone and without options, our lawyers want you to know that we are here for you.

At The Masters Law Firm, L.C., our catastrophic personal injury lawyers truly believe that those who have suffered catastrophic injuries and their family members deserve justice, a sense of closure and necessary support. Our attorneys have over 50 years of experience and will use that experience to hold negligent parties responsible for the harm they cause.

We are also dedicated to helping you get compensated for all losses, present and future. By exploring all avenues for support, working to understand the full impact that an accident has had on your life and fighting for your interests at the negotiating table and in court if necessary, we can help you pursue full and fair compensation.

Reach Out To Our West Virginia Catastrophic Injury Lawyers Today

If you’ve been injured, please turn to us for the counsel and support you can trust. Our lawyers are available for a free consultation at your convenience. You can reach us by phone at 304-371-7894, reach out to our firm online or visit us in person at our office in Charleston, West Virginia.