This calculator estimates what a personal 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 injury 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. Who pays depends on how you were hurt: auto insurance for a crash, a homeowner’s or business liability policy for an injury on someone’s property, or the at-fault party’s own assets when there is no insurance. The limit of that policy often sets the practical ceiling on a settlement.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
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 injury in most cases.
Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.