In West Virginia, personal injury laws cover a wide range of cases where individuals suffer harm or injuries due to the negligence or wrongful actions of others. Here are some key points to consider:
Statute of Limitations: West Virginia has a statute of limitations that sets a deadline for filing a personal injury lawsuit. In most cases, the statute of limitations is two years from the date of the injury or the date when it was discovered (or should have been discovered) with reasonable diligence. If you fail to file your lawsuit within this time frame, you may lose the right to pursue your claim.
Comparative Negligence: West Virginia follows a modified comparative negligence system. This means that if you’re partially at fault for the accident that caused your injuries, your compensation may be reduced by the percentage of fault attributed to you. If your fault is determined to be 50% or more, you may not be eligible to recover damages.
Caps on Damages: West Virginia imposes caps on certain types of damages in personal injury cases. For instance, there are limits on non-economic damages (such as pain and suffering) in medical malpractice cases. These caps can vary depending on the circumstances of the case.
No-Fault Auto Insurance: West Virginia is not a no-fault state for auto insurance. In the event of a car accident, you have the option to pursue a claim with the at-fault driver’s insurance company or file a lawsuit against the at-fault driver directly.
Dog Bite Laws: West Virginia has a strict liability law regarding dog bites. In many cases, a dog owner can be held liable for injuries caused by their dog, regardless of whether they had prior knowledge of the dog’s aggressive tendencies.
Premises Liability: Property owners in West Virginia have a duty to maintain safe premises. If you’re injured due to a hazardous condition on someone else’s property, you may have a premises liability claim. However, liability can depend on factors like the legal status of the visitor (e.g., invitee, licensee, trespasser).
Product Liability: If you’re injured by a defective product in West Virginia, you may have a product liability claim against the manufacturer, distributor, or retailer of the product. These cases typically involve claims of design defects, manufacturing defects, or failure to provide adequate warnings.
Workers’ Compensation: If you’re injured on the job, you may be entitled to workers’ compensation benefits. West Virginia has a workers’ compensation system that provides medical benefits and wage replacement for employees who are injured in the course of their employment.
While not required, it is highly recommended that you consult with this type of attorney, one who specializes in West Virginia personal injury lawsuits. They can provide legal advice, evaluate your case, and guide you through the process. If you’re unsure how to find one, contact 1-800-Injured. We are a medical and legal referral network and can connect you to a West Virginia personal injury lawyer who is able to handle your case.