What kind of damages are available in a tire failure case?

In West Virginia, damages are an essential part of a tire failure case. These damages are meant to make the plaintiff, or person who files the lawsuit, “whole” again—in other words, to put them in as good a position as they were prior to the tire failure. Damages are awarded based on the type of injury or loss caused by the tire failure. For example, if there is a physical injury, the plaintiff might seek damages to cover medical bills, lost wages, and pain and suffering. If there is damage to a vehicle, the plaintiff might seek damages to cover any repairs or replacements necessary for the vehicle. It is also possible for a plaintiff to receive punitive damages. These are meant to punish a defendant for particularly egregious negligent behavior that caused the tire failure. Punitive damages are rare and may only be available after a successful showing of egregious behavior causing the tire failure. Finally, the court may also award the plaintiff attorney’s fees so that they can be reimbursed for any legal costs they incurred during the process. In sum, tire failure cases in West Virginia allow plaintiffs to seek damages to cover economic and non-economic losses, punitive damages to punish particularly negligent defendants, and attorney’s fees.

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What kind of damages are available in a tire failure case?

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