This form is a general answer for use by a defendant in an action for personal injury.
West Virginia General Personal Injury Answer
State:
Multi-State
Control #:
US-PI-0021
Format:
Word;
Rich Text
Instant download
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How to fill out General Personal Injury Answer?
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FAQ
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
Time limits The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
General Damages Examples Physical pain. Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one) Mental health problems [e.g., post-traumatic stress disorder (PTSD)]
In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages.
There are two parts to a personal injury compensation settlement: General Damages ? to compensate you for your injury and for your pain and suffering. Special Damages ? to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.
General damages refer to damages that flow naturally from the wrongdoing. General damages are not specifically monetary. Pain and suffering, loss of consortium, and emotional trauma are the main forms of general damages.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.