Becoming involved in a car accident in West Virginia can be a traumatic incident, especially if those involved suffered serious injuries to the head. Brain injuries, including concussions, are particularly common injuries that can occur. These types of injuries can have long-lasting health impacts that can affect a person for weeks, months or even years after the accident.
If another driver was found to be responsible for the crash, a person who suffered a concussion or other brain injury may be entitled to compensation. While the person will be entitled to “special damages,” or damages that quantifiable like medical bills, he or she may also be entitled to “general damages“. These damages refer to things like pain and suffering, psychological or emotional distress and loss of companionship or consortium. Because general damages are designed to compensate a person for a potential reduction in the quality of his or her life, these damages can be somewhat unpredictable. Punitive damages could also potentially be awarded.
There are some factors that could impact the amount a person may receive in a settlement. When both parties bore some degree of fault, comparative negligence rules will come into play.The circumstances of both the plaintiff and defendant, such as their ages and aggravating factors, could also have an impact on the settlement offer.
Those who suffered a head injury in a car accident that was caused by another driver could suffer from additional complications that could impact their daily lives. For example, a person could experience headaches, loss of eyesight and even a change in his or her behavior. A personal injury attorney will attempt to use all available evidence in order to obtain a favorable settlement.