Frequently Asked Questions in West Virginia

Accidents in West Virginia can have serious consequences, whether they occur on winding mountain roads, job sites, or local businesses. If you’ve been injured or lost a loved one in an accident, it’s important to understand your legal options. This page answers some of the most common questions asked by individuals and families navigating injury recovery in the Mountain State.

What is the statute of limitations for personal injury claims in West Virginia?

West Virginia gives you two years from the date of the accident to file a personal injury claim. If you fail to file within this window, your right to compensation may be lost forever. The two-year deadline also applies to wrongful death claims.

Can I recover damages if I was partly at fault?

Yes. West Virginia follows a modified comparative fault rule. You can still recover compensation as long as you were less than 50 percent responsible for the accident. However, your total compensation will be reduced based on your percentage of fault.

What should I do after a car crash in West Virginia?

Immediately report the crash to law enforcement if there are injuries, fatalities, or significant damage. Exchange insurance and contact information with the other driver, take photos of the scene, and seek medical attention. Always keep a copy of the police report for your records.

What types of compensation are available?

You may be eligible for economic damages such as medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases, punitive damages may be awarded for reckless or intentional conduct.

How can I request a copy of my crash report?

You can request a crash report through the West Virginia State Police. Visit https://www.wvsp.gov for more information on how to obtain your report. You’ll need to provide names, the date of the incident, and possibly a report number.

Can I file a lawsuit against a business after a slip and fall?

Yes. If a business failed to address a hazardous condition that caused your fall, such as a wet floor or broken handrail, you may have a premises liability claim. Be sure to report the incident, take photos, and document your injuries. These steps can help support your case.

What if the other driver didn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may still be protected under your own auto policy if you carry UM/UIM coverage. This type of insurance helps pay for your injuries and damages. Contact your insurance company as soon as possible to start a claim.

Can I sue if I was injured while visiting West Virginia?

Yes. Out-of-state visitors can file injury claims under West Virginia law if the incident happened within the state. It’s best to work with a local attorney who understands the court system and filing deadlines. Your case must still be filed within the two-year statute of limitations.

Are dog owners responsible for bite injuries in West Virginia?

Yes. If a dog bites someone while running loose or acting aggressively, the owner may be liable. Even if the dog had no prior history of violence, you could still have a valid claim. Always report the incident and seek immediate medical care.

What happens if someone dies in an accident?

Surviving family members may file a wrongful death claim to recover compensation for funeral costs, lost income, emotional suffering, and more. In West Virginia, these claims must be filed within two years of the date of death. The personal representative of the estate typically files the claim.

Do I need a lawyer to file a personal injury claim?

While it’s not required, hiring a personal injury lawyer can make the process easier and improve your chances of receiving fair compensation. An attorney can handle insurance negotiations, gather evidence, and represent your interests in court if necessary. Many personal injury lawyers offer free consultations and only get paid if you win.