What type of damages can an injured person seek after a vehicle rollover?

In West Virginia, an injured person can seek several types of damages after a vehicle rollover. These include compensatory damages, which are awarded by the court to make the injured party “whole” after the accident. This includes damages for medical expenses, lost income, and pain and suffering. Punitive damages are also available in West Virginia in certain instances when the defendant’s conduct has been egregious or reckless. These damages are intended to punish the defendant, but also to serve as a deterrent to similar conduct in the future. Lastly, an injured person can seek damages for loss of consortium. This includes damages for the loss of companionship, comfort, and care that a spouse may suffer as a result of the injury. In West Virginia, the injured person must show that the other driver was negligent in causing the rollover. Under a negligence theory, the plaintiff must show that the defendant had a duty to use reasonable care and failed in that duty. The plaintiff must also show that his or her injuries were caused by the defendant’s breach of that duty. Lastly, the injured person must present evidence of the damages sustained as a result of the rollover. With the help of an attorney, an injured person can properly seek these damages in a West Virginia court.

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What type of damages can an injured person seek after a vehicle rollover?

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