This calculator estimates what a car accident injury claim could be worth under West Virginia law. It applies West Virginia’s 50% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Move the fault slider to 50% and the estimate drops to $0, which is what West Virginia’s rule does in court.
Fault. West Virginia uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.
Deadline. You have two years from the crash to file a lawsuit in West Virginia. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. West Virginia is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $25,000 for property damage, written 25/50/25. Uninsured motorist coverage is also required.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Their insurer will usually pay no more than $25,000 for your injuries. Your own underinsured motorist (UIM) coverage can pay the difference up to your limit. Enter both above to see the ceiling.
Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.
two years from the crash to file a lawsuit. Report the claim to the insurers within days.
No. West Virginia is an at-fault state, so you claim against the at-fault driver’s liability insurance, or your own coverage if theirs is too low.
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.