West Virginia Car Accident Compensation Laws

If you're involved in a car crash in West Virginia, it's important to understand the state's specific car accident compensation laws. Accident victims often face many challenges when dealing with the aftermath of a crash. This includes figuring out how to file a car accident claim. West Virginia law outlines the procedures and requirements for car accident cases. Understanding these laws will help you get the compensation you deserve.

This article will overview West Virginia car accident compensation laws and how they affect accident victims seeking justice and financial recovery. If you need help, contact a car accident attorney or personal injury lawyer.

At-Fault and '50% Modified Comparative Negligence' Rules

West Virginia requires injured parties to prove that another driver was at fault before any damages will be awarded in personal injury lawsuits, such as those stemming from a car accident. In 2015, West Virginia enacted a new law that established modified comparative negligence, allowing injured parties to recover. This is only if their fault is not greater than all other parties' combined fault. It applies to claims for bodily injury and property damage.

In other words, if you suffered $10,000 in damages from a car accident and the court determined that you were 50% at fault for your injuries, the court would award you $5,000 in damages. This is a much more forgiving rule than the contributory fault rule at play next door in Virginia.

West Virginia Car Accident Laws

Auto insurance coverage plays a significant role in auto accident situations. It can determine the extent of financial recovery available to the injured parties. Understanding the nuances of West Virginia law on car accidents can help victims make informed decisions and effectively pursue their claims. Look at the table below for more about West Virginia car accident compensation laws.

Statute of limitations

• Two years for a personal injury claim or property injury (WV Code § 55-2-12)
• Two years for a lawsuit against a government entity (WV Code § 29-12A-6)

Damages limits

• No punitive damages in lawsuits against the government (WV Code § 29-12A-7)
• $500,000 in non-economic damages in lawsuits against the government (WV Code § 29-12A-7)

Other limits

• A damage amount must not be specified in a lawsuit against the government (WV Code § 29-12A-6)
• 50% modified comparative negligence (WV Code § 55-7-13a, WV Code § 55-7-13c)

Damage Types

In most cases, you will get economic and non-economic compensatory damages for your car accident injuries. Compensatory damages are to compensate you for your injury. You can get compensatory damages for almost any cost suffered, including lost income, medical expenses, and car repairs.

Non-economic damages may be available to you. These are the damages you suffered that are harder to assign a cost to, such as emotional distress, pain and suffering, and disfigurement. In rare cases, including negligent infliction of emotional distress, West Virginia allows punitive damage awards.

Examples of car accident damages include:

• Loss of earnings
• Medical expenses
• Lost wages
• Emotional distress
• Vehicle repair costs

West Virginia's Damage Limits

West Virginia has state-imposed time limits, called statutes of limitations. These say how long you can wait before filing a lawsuit to recover damages from the date of the accident. In negligence cases, you have two years to file a claim, whether for medical bills, medical treatment, or other damages.

If you suffered an injury by someone working for the government, West Virginia has some specific rules for drafting your car accident lawsuit. This includes a rule that you do not specify a number amount for your damages and that you bring your claim within two years. The state also prohibits punitive damage awards in such cases. Also, if the at-fault driver is an uninsured motorist, special considerations and potential limits may hinder your ability to recover damages.

Injured in a Car Accident in West Virginia? An Attorney Can Help

Recovering damages after a car accident can be complicated and confusing. From the paperwork involved to the legal issues at stake, getting damages can be overwhelming. Consider getting legal advice from a West Virginia motor vehicle accident attorney. They can help you navigate all parts of recovering damages after a car accident.