Looking for a dependable West Virginia personal injury lawyer? Call our firm now.
Have you had a car accident while traveling to Harpers Ferry, Blackwater Falls State Park, or the eerie Trans-Allegheny Lunatic Asylum? Maybe a loose dog bit you, or you’ve taken a spill on a slippery sidewalk. Regardless of the type of accident you’ve suffered, RP Legal Group stands ready to help.
Our firm serves clients in Charleston, Arlington, Alexandria, Winchester, Huntington, and many other WV cities. Call us at (888) 340-7454 for your free consultation.
Read some of our five-star reviews to discover why we’ve West Virginia’s premier personal injury law firm.
What To Know About Filing a Personal Injury Lawsuit in West Virginia
No matter what type of accident you’ve had, you’ll need to follow West Virginia’s rules for filing a personal injury lawsuit. Here’s what to know.
Filing Deadlines in West Virginia
West Virginia generally gives you two years from the date of an injury to file a claim (Title 55, Chapter 2, § 55-2-12). There are some exceptions. If the defendant leaves the state, the statute of limitations begins when they return. If the victim is mentally incapacitated or under 18, the clock starts ticking when their mental faculties return, or they turn 18.
For medical malpractice, you generally have two years from the date of the incident to file. Under the state’s discovery rule, you might have longer to file if you didn’t discover the injury right away. Regardless of the date of discovery, you have a maximum of 10 years to make a claim. This is called the “statute of repose.”
If you want to sue an assisted living facility or nursing home for malpractice, you have just one year to do so (the deadline is extended for injuries discovered at a later date). The 10-year statute of repose also applies here.
To sue the State of West Virginia, you must provide a notice of claim 30 days before filing a suit. For a political subdivision, you have two years to sue. If the victim is under 10, they must sue within two years of the injury or by the day before their 12th birthday, whichever is later.
West Virginia’s Comparative Negligence Rule
West Virginia allows you to recover damages as long as you’re not more than 50% at fault. For example, if you’re 40% at fault for an accident, you can collect 60% of your total compensation. If you’re 80% at fault, you cannot recover any damages.
Damages Caps in West Virginia
West Virginia has several caps on damages. The cap for medical malpractice is $250,000 but can increase to $500,000 for serious injuries. Examples of serious injury may include:
- An injury that prevents you from caring for yourself and being independent
- Loss of a bodily organ system or limb
- A permanent and substantial physical deformity
For lawsuits against the government, non-economic damages are capped at $500,000. Punitive damages are barred in lawsuits against the state or its political subdivisions.
If your suit is eligible for punitive damages, those damages can’t exceed $500,000 or four times your compensatory damages, whichever is greater.
How To File Your Claim
We recommend hiring a West Virginia State Bar-certified attorney for this step. Filing your own lawsuit is complicated, and it’s easy to make an error that could hurt your case.
If you still wish to file your own claim, you’ll need to choose the right court. The Magistrate Court (West Virginia’s version of small claims court) handles cases worth less than $10,000. If your damages are more than $10,000, you must file with the Circuit Court. Find the court serving your county here.
When filing, you must submit a complaint that includes the following information:
- The names of everyone involved in the accident
- Your injuries
- How, when, and where the accident happened
- Why you think the defendant is responsible
- Your preferred remedy (typically monetary compensation)
Filing fees vary by district. For example, in the Northern District of West Virginia, it costs $405 to file a civil action.
For a free legal consultation with a Personal Injury lawyer serving West Virginia, call 888-340-7454
What Types of Cases Do We Handle?
RP Legal Group handles all types of personal injury cases in West Virginia. You can hire a West Virginia personal injury lawyer to help with:
- Auto accidents (car, truck, bus, bicycle, and motorcycle)
- Rideshare accidents
- Pedestrian accidents
- Construction accidents
- Slip-and-fall accidents
- Dog bites
- Medical malpractice
- Wrongful death
Learn more about our legal team to discover how we can assist with your case.
Personal Injury Lawyer Near Me 888-340-7454
Why Choose RP Legal Group To Take Your Case?
We know you have many options when it comes to personal injury firms in West Virginia. Here’s why you should choose us:
- We give your case personal attention and a customized response, not cookie-cutter solutions that won’t work.
- We’re here for you 24/7. Had an accident on the weekend or a holiday? You can call us anytime.
- Our attorneys are highly experienced at handling a wide array of personal injury cases, no matter how unusual or complex.
- You don’t owe us anything unless we win your case, so you have nothing to lose by calling for a consultation.
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Contact a West Virginia Personal Injury Accident Lawyer Now
Let RP Legal Group serve as your trusted ally if you want compensation for your injuries. For a free consultation with a WV personal injury lawyer, call RP Legal Group at (888) 340-7454.
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Frequently Asked Questions
Learn more about filing your personal injury claim in West Virginia here.
Is West Virginia Fault-Based?
West Virginia uses a fault-based insurance system. This means the person who causes an accident is responsible for the victim’s medical bills.
Is There a Pre-Filing Notice Requirement for Malpractice?
In West Virginia, you must send a pre-filing notice to the provider at least 30 days before you sue.
Do You Have To Serve the Defendant in West Virginia?
After filing your civil complaint, you must serve the defendant with a notice to sue. A West Virginia personal injury lawyer can help you do this.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454