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Personal Injury Laws in West Virginia

In West Virginia, you have the right to pursue compensation for injuries caused by another party's negligence. This negligence can be due to carelessness, recklessness, or wrongful actions. Filing a personal injury claim in West Virginia serves a dual purpose:

  1. Seeking Compensation: You can seek financial recovery for damages like medical expenses, lost wages, and pain and suffering.
  2. Holding the Party Accountable: A lawsuit can hold the at-fault party responsible for their actions and deter similar behavior in the future.

Filing a personal injury claim can be challenging—but when you work with the team at Mike Slocumb Law Firm, you can focus on healing while we handle everything else. Our Charleston, WV personal injury attorneys have extensive experience handling complex claims, including those involving car accidents, large truck accidents, slips and falls, and more. To date, our firm has recovered more than $500 million in compensation for the injured, as well as the families of those wrongfully killed. We are ready to aggressively advocate for you and your maximum recovery.

Contact us online or call (304) 802-2115 today to request a free consultation with a member of our team. Hablamos español.

What Is the Statute of Limitations for Personal Injury in West Virginia?

Every state has various deadlines, known as “statutes of limitations,” for filing different types of lawsuits, including personal injury claims. In West Virginia, the general statute of limitations for personal injury claims is two years after the date of the injury. If you are injured, you have two years to file a lawsuit to recover compensation for your damages.

Note that the same two-year statute of limitations applies in wrongful death lawsuits. In most wrongful death cases, the personal representative of the deceased has two years from the date of death to file a claim. However, if the wrongful death claim is based on medical malpractice in a specific setting, a shorter deadline applies:

  • One year for filing a wrongful death claim if it involves medical malpractice in a nursing home, assisted living facility, or a hospital providing skilled nursing care.

If you were injured or if your loved one passed away due to the negligence or wrongful conduct of another, we encourage you to reach out to Mike Slocumb Law Firm as soon as possible. While it may seem like you have a long time to file your lawsuit, the longer you wait, the more challenging it may become to win your case. Over time, crucial evidence can be lost, and your memory of the event may fade. The sooner our team can begin investigating your claim, putting together evidence, and working to secure a fair settlement on your behalf, the better. 

What Damages Can You Claim for Personal Injury in WV? 

West Virginia law allows you to recover various damages if you're injured due to another party's negligence. There are two main types of damages you can recover in a personal injury claim: compensatory damages and punitive damages.

Compensatory damages aim to compensate the plaintiff for specific losses incurred as a result of the injury. These can be further divided into:

  • Economic damages: These are quantifiable losses with clear financial value. Examples include:
    • Medical expenses (doctor visits, hospital bills, medication, physical therapy)
    • Future medical expenses
    • Lost income/wages
    • Out-of-pocket expenses related to the accident (transportation, home care)
    • Lost employment benefits 
    • Loss of future earnings and benefits
  • Non-economic damages: These are intangible losses that are more difficult to assign a dollar value to. Examples include:
    • Pain and suffering, including future pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Permanent disability or scarring
    • Loss of consortium (loss of marital intimacy or companionship)
    • Diminished earning ability

There is generally no cap on non-economic damages in West Virginia personal injury cases, except for medical malpractice claims. In those cases, West Virginia Code § 55-7B-8 caps noneconomic damages at $250,000, with exceptions allowing recovery of up to $500,000 under specific circumstances.

Punitive damages also known as “exemplary” damages, punitive damages are meant to punish the defendant for egregious or malicious negligence, malpractice, or reckless misconduct, as well as send a message that such conduct will not be tolerated. These are rarely awarded.

Courts tend to award compensatory damages more often than punitive damages. Additionally, certain types of compensatory damages are more common than others.

At Mike Slocumb Law Firm, our goal is to help you recover every penny you are owed. You shouldn’t have to simply deal with the life-altering consequences of someone else’s negligence on your own. Instead, let our Charleston, WV personal injury attorneys fight for you and the fair compensation you deserve.

  • I thank Mike Slocumb so much for changing my life.

    “I thank Mike Slocumb so much for changing my life. David and Mike were like Angels to me. I didn’t know if I would ever walk again.”

  • Mr. Gracie handled my case, he was superb.

    “Mr. Gracie is really, really experienced and an exceptional lawyer.”

  • I Couldn't Have Been Happier

    “My case was actually settled earlier than projected and I couldn't have been happier with the outcome.”

  • Great Communication!

    “I dealt with Lowell Moore here and I’ll recommend him to anyone, anytime! The defining factor was his communication... I was able to always deal with Lowell firsthand about any questions or concerns I had.”

  • Incredible Attorney!

    “Attorney Lowell Moore was awesome in the whole process! He kept us included in every move made for our accident/injury case. Never had an issue with communication and he really showed us he cares about his clients!!!”

Is West Virginia a No-Fault State? 

In no-fault car insurance states, accident victims do not need to prove that the other driver (or another party) was to blame for the crash. Instead, they can file claims with their auto insurance providers and recover compensation for certain damages regardless of fault.

However, West Virginia is not a no-fault state. It operates under a fault-based system, also known as a tort system.

In a fault-based system, the person who caused the accident (the at-fault party) is financially responsible for the damages of the injured person. This means you'll need to prove the other party's negligence to recover compensation for your injuries.

Call Our Charleston Personal Injury Team for a Free Consultation 

If you were injured or if your loved one tragically died due to someone else’s negligent or wrongful conduct, Mike Slocumb Law Firm wants to help you hold the liable party accountable. We are known for our aggressive approach to litigation, as well as our compassionate and personalized client service. As your legal team, we will be there for you every step of the way, always available to answer your questions and address any concerns you may have.

We offer completely free consultations and provide all our legal services on a contingency fee basis. This means that you do not owe any upfront or out-of-pocket legal fees when you hire our firm. Instead, we only get paid if we recover a settlement or verdict for you.

Give us a call at (304) 802-2115 or contact us online using our free case evaluation form to request a complimentary consultation with one of our personal injury lawyers today.

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