West Virginia Personal Injury Laws
West Virginia uses a modified comparative fault system with a 51% bar and caps non-economic damages in medical malpractice cases at $250,000 (or $500,000 for serious injuries). General personal injury cases in West Virginia have no statutory cap on non-economic damages. The state's coal mining and chemical industries have historically been significant sources of workplace injury litigation.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in West Virginia
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in West Virginia.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $17,000 |
| Slip and Fall | $13,000 |
| Dog Bite | $25,000 |
Key West Virginia Personal Injury Statutes
- •W. Va. Code § 55-2-12 (statute of limitations)
- •W. Va. Code § 55-7-13a (modified comparative fault, 51% bar)
- •W. Va. Code § 55-7B-8 (med mal non-economic cap)
Damage Caps in West Virginia
West Virginia does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, West Virginia caps damages at $250,000.
Injury Claims in West Virginia
Learn more about specific injury types and how West Virginia law applies to each.
Major Cities in West Virginia
Personal injury attorneys in West Virginia serve clients in Charleston, Huntington, Morgantown, Parkersburg, Wheeling, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.