Home › Personal Injury Laws by State › West Virginia Personal Injury Laws

West Virginia generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Different rules, exceptions, tolling provisions, and pre-suit requirements for some kinds of claims, including medical malpractice claims and claims against governmental entities, may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed West Virginia attorney reviewing the facts can do that.

West Virginia generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

West Virginia follows a modified comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's fault is greater than the combined fault of the party or parties from whom recovery is sought. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

West Virginia generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. West Virginia policies generally must also include uninsured-motorist coverage, and insurers are generally required to offer underinsured-motorist coverage, which a policyholder may decline. The coverage available in any particular situation depends on the policies involved and current law.

West Virginia does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on non-economic damages in medical malpractice claims, with amounts adjusted over time. Special rules also apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

West Virginia personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, with magistrate courts handling some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed West Virginia attorney can evaluate.

A licensed West Virginia attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the West Virginia communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.