Personal Injury Claims in West Virginia

A personal injury claim is a lawsuit filed by a person who has been a victim of an accident caused due to the negligence of another person. In a personal injury claim, the injured party generally files a lawsuit to gain compensation for his or her losses.

Statute of Limitations

The statute of limitation is the time frame in which a person is allowed to file a personal injury claim. The time limit to file a personal injury claim in West Virginia is TWO YEARS. This time begins from the day when the accident actually happened. If you are unable to file a case under this time limit, your case will not be taken into consideration by the court.

Motor vehicle insurance claims

In order to fulfill the auto insurance laws in West Virginia, one must have liability along with uninsured motorist coverage. The liability of car must meet the following requirements:

  • $25,000 for bodily injury of a single person
  • $50,000 for body injury in one accident
  • $ 25,000 for damage of the property

Comparative fault rules in West Virginia

West Virginia is a state that follows modified comparative negligence rule, which means that if the injured party shares part of the fault in an accident, his compensation amount will be deducted on the basis of the percentage of his fault. However, if the injured party shares 50% or more of the fault, then he or she is not eligible to file a lawsuit in the case.

Here’s an example: Suppose you are driving in the wrong lane and you suddenly get hit from the side by a truck that is speeding. While the driver is at fault due to speeding, you were also partially at fault because of driving in the wrong lane. In court, it is found out that while the truck was at 70 percent fault, you were 30 percent at fault as well. Your compensation that would have been $10,000 gets reduced to $7,000 due to your own partial fault.

Damage Caps

Some states place damage caps that limit the amount of compensation that can be awarded in a particular case. In the state of West Virginia, the caps in wrongful death and severe injuries are $500,000 for non-economic damages. For all other auto accident cases, the caps for non-economic damages are set at $250,000.

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