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West Virginia Injury Claim Rules

Rules cited to West Virginia’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.W. Va. Code § 55-7-13a
Filing deadline2 yearsFrom the date of the injury.W. Va. Code § 55-2-12
Minimum insurance25/50/25Per person, per crash, property. West Virginia is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

West Virginia personal injury settlementAny injury someone else caused, valued under your state’s fault rule.West Virginia car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.West Virginia truck accident settlementCommercial policies carry far higher limits. See what that changes.West Virginia motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.West Virginia pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.West Virginia bicycle accident settlementCyclist claims under your state’s fault rule.West Virginia rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.West Virginia slip and fall settlementPremises claims, where proving the owner knew is half the case.West Virginia dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.West Virginia wrongful death settlementLost support, household services and companionship, valued today.West Virginia pain and sufferingCompare the multiplier and per-diem methods side by side.West Virginia settlement offer checkerPlace an insurer’s offer inside your state’s range.West Virginia demand letterA ready-to-edit demand letter for the insurance adjuster.West Virginia filing deadlineYour last day to file an injury lawsuit, by state and claim type.West Virginia comparative faultHow your share of fault changes the award under your state’s rule.West Virginia policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.

This page collects the rules that decide what an injury claim is worth in West Virginia: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

West Virginia is an at-fault state, so claims are paid by the at-fault party’s insurer, and its 50% bar rule sets how much your own share of fault costs you.

West Virginia injury claim rules

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.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car 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.

Dog bites. Owners are strictly liable for injuries from a dog running at large. Bites on the owner’s property follow the negligence rules.

West Virginia injury claim questions

Can I still get a settlement in West Virginia if I was partly at fault?

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.

How long do I have to file a personal injury lawsuit in West Virginia?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does West Virginia cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.