West Virginia Personal Injury Law

The following West Virginia personal injury laws and case types will help you understand important aspects of injury claims in this state.

West Virginia Statute of Limitations:

• Personal Injury: 2 years for negligent conduct
• Medical Malpractice: 2 years for all medical malpractice claims
• Products Liability: 2 years

Caps on Personal Injury Awards in West Virginia:

Medical malpractice awards are capped in West Virginia at $250,000 for non-economic damages and $500,000 for compensatory damages on cases of serious injury or death.

West Virginia Serious Injury Threshold:

There is no serious injury threshold in the state of West Virginia.

West Virginia is a Fault state and follows the modified comparative - 51% negligence system. Therefore, a plaintiff can recover damages provided that they are no more than 50% at fault.

Personal Injuries & Theories of Liability in West Virginia:

Auto Accident Claims: Driving a vehicle carries with it the responsibility to behave in a non-negligent fashion. If, however injuries result from the negligence of another, the negligent driver will be liable for the personal injuries or property damage of the other party.

Products Liability Lawsuits: Before a product is made available to a consumer, it must go through a rigorous inspection process. For this reason, manufacturers and distributors of products that fail and cause injury are held strictly liable for the damages that occur.

Wrongful Death Cases: When an individual dies and the death is due to the negligence of another, the negligent party will be liable to the estate of the victim for wrongful death.

Medical Malpractice: A health care professional must provide an accepted standard of care. This is that level of care and treatment recognized as appropriate by similar healthcare providers under similar circumstances.

Slip and Fall Accidents: If a person slips and falls and is injured, the property owner will be liable if the injury is due to a dangerous condition or one that would have been discovered upon reasonable inspection.

Workers' Compensation Laws: If an employer hires employees, they must carry workers compensation insurance for them. This way, if an injury occurs in the scope of employment, insurance benefits cover the employees' damages.

For More Information Check out these sites:

Official West Virginia State Government Website

West Virginia Department of Insurance