Assessing Damages in Personal Injury and Wrongful Death Litigation: The State of West Virginia

An overview is provided of the West Virginia (WV) court system. Some basics of forensic economic practice in WV - such as written reports and discovery rules - are described. Important issues and parameters of lost earning capacity calculations are described in detail, and the calculation of househo...

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Bibliographic Details
Published in:Journal of forensic economics 2003-10, Vol.16 (3), p.315-327
Main Authors: Barrett, George A., Brookshire, Michael L.
Format: Article
Language:English
Subjects:
Appellate courts
Defendants
Federal court decisions
Forensic economics
Juries
Litigation
Personal injury damages
Physical trauma
Plaintiffs
Punitive damages
SPECIAL SECTION: Assessing Economic Damages in Personal Injury and Wrongful Death Litigation in the States
State court decisions
Studies
Supreme Court decisions
Tax payments
Wrongful death
Citations: Items that cite this one
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Description
Summary:An overview is provided of the West Virginia (WV) court system. Some basics of forensic economic practice in WV - such as written reports and discovery rules - are described. Important issues and parameters of lost earning capacity calculations are described in detail, and the calculation of household services losses is also discussed. Several unusual features of WV damages calculations are then discussed. These include special calculations in some workers' compensation cases, new calculation rules in medical malpractice cases, the calculation of medical monitoring damages, and the prohibition against lost-enjoyment-of-life testimony. Finally, jury factors for determining the amount of punitive damages adopted by the WV Supreme Court of Appeals, is explained as they fit within similar jury factors provided by the US Supreme Court in recent decisions.
ISSN:0898-5510
2374-8753
DOI:10.5085/0898-5510-16.3.315