Legal Question in Medical Malpractice in West Virginia

Re: Am I limited

In West Virginia, there is a cap upon the aware of non-ecomomic damages, that is, for mental anguish, pain and suffering, solice, and other damages listed in the wrongful death statute. Your lawyer should be familiar with recent verdicts in your county and his advice should be carefully considered. There is no guarantee that a jury will make a generous award. Of course, no award, at any level, will fully compensate you for your loss. It sometimes happens that even the most egregous malpractice goes undercompensated because the practitioner is contrite or because the jury somehow believes that the victim or his family bears some responsibility. Defense counsel is obligated to exploit any viable defense to reduce or eliminate the damages. At the end of the day, when all of the factors are considered, and there are many in this type of case, your lawyer should be able to give you a range of probable verdicts. Risk can then be estimated depending on how close the offer of settlement is to the minimum and maximum. Your question implies that you made a demand and it has been accepted, but not finalized with a release. Aside from the question as to should you reconsider, you ask if you can withdraw the offer. It is possible that a court would enforce the agreement. It is a question of intent, that is did you intend to be bound by the offer and did the other side take action to its detriment. There are other factors to consider, but it is not automatic that you can withdraw an offer that could be made binding if accepted. If you selected your lawyer well, you should feel comfortable with the situation. You may elect to visit with a second lawyer, pay him by the hour, and secure his input. You may eliminate that feeling that you didn't ask for as much as you could have.