Skip to content



If you live in West Virginia and you have a personal injury claim, it is important to be aware of the state laws that affect the process for resolving your claim and getting compensation. There are several state laws that you must be aware of before you can move forward with your personal injury claim.

West Virginia Statute of Limitations

All states have a “statute of limitations” for personal injury cases — a time frame during which you must file your personal injury lawsuit in the state’s civil court system. In West Virginia, the time limit is two years. The time limit begins to run from the date of your accident. If you do not file your claim before this time period is up, you may lose the ability to get a recovery to compensate you for your injuries.


West Virginia Comparative Fault Laws

Some plaintiffs are partly responsible for the accidents in which they were involved. If this has happened to you, you may still be able to receive a recovery in some cases. West Virginia follows the comparative negligence rule, meaning that unless you and the other driver were equally at fault (50-50), or you were more at fault, you can still recover some damages. The overall award you get simply will be adjusted by your percentage of fault. For example, if it is determined that you were 25% at fault, you will receive only 75% of the amount of damages you suffered.

West Virginia Caps on Injury Damages

Another possible factor affecting what you can recover is damage caps imposed in West Virginia. These “caps” are laws that place a limit on the amount of monetary compensation you can receive in certain injury cases.

Damages are typically separated into economic and non-economic damages. Economic damages include things like lost wages or medical expenses due to an injury. Non-economic damages include things like pain and suffering or emotional distress caused by another person.

In wrongful death and catastrophic injury cases, the limit on non-economic damages is $500,000. In all other routine accident cases, the limit is $250,000 for non-economic damages. You may still be able to be compensated for medical expenses and lost wages, but pain and suffering awards can be a significant component of injury cases, and these limits may reduce the potential amount of that recovery.

Webb Law Centre has 25 years of experience handling personal injury cases in West Virginia. Whether your case will require negotiating a settlement or going to trial, attorney Rusty Webb has the skills and experience to get you the recovery you deserve.


Don’t be pressured into taking a smaller settlement than you deserve by an insurance company. It’s important that you are aware of your rights and know of all the claims you may have due to your injury. Attorney Rusty Webb will meet you in his Charleston office or travel to meet you throughout West Virginia. Contact Rusty today to receive your free consultation and discuss your case.