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Your Follansbee Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Follansbee was someone else’s doing, start with the basics below and go at your own pace.
A quick note on what this page is: general information about West Virginia injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask A Follansbee Injury Attorney
A short list of questions can sort out who is right for you:
- The deadline. Ask for the specific last day to file. Most West Virginia injury claims must be brought within two years after the right to sue arose (W. Va. Code 55-2-12).
- Limits on damages. Ask whether any limit applies to your kind of claim. West Virginia sets limits for punitive damages, for claims against local governments and for some commercial truck cases (W. Va. Code 55-7-29, W. Va. Code 29-12A-7, W. Va. Code 55-7-32).
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of fault (W. Va. Code 55-7-13c).
- The people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. West Virginia law has the action brought by the personal representative of the person who died, and the jury may award damages for sorrow, mental anguish and solace, for lost income and services, and for medical and funeral expenses (W. Va. Code 55-7-6). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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When Fault Is Shared
West Virginia assigns blame by percentage. W. Va. Code 55-7-13a directs that liability be allocated to each person, including plaintiffs, defendants and nonparties who proximately caused the damages, in direct proportion to that person’s percentage of fault. Under W. Va. Code 55-7-13c, each defendant is liable only for its own percentage of the compensatory damages, and a separate judgment is entered against each one.
There are exceptions. Joint liability can be imposed on defendants who consciously conspire and deliberately pursue a common plan to commit a tortious act, and a defendant is jointly and severally liable when driving under the influence of alcohol or drugs, or committing criminal conduct, was a proximate cause of the plaintiff’s damages (W. Va. Code 55-7-13c).
Damage Limits You May Hear About
West Virginia sets damage limits in a few specific situations, so the first question is what kind of claim you have. Punitive damages, which punish especially bad conduct, require clear and convincing proof of actual malice or a conscious, reckless and outrageous indifference to the health, safety and welfare of others, and an award may not exceed the greater of four times the compensatory damages or $500,000 (W. Va. Code 55-7-29).
Claims against a city, county or other political subdivision have their own limits: no punitive damages, no limit on economic loss, and noneconomic loss capped at $500,000 for any one person from the same cause of action (W. Va. Code 29-12A-7).
Time Limits To Know
West Virginia gives two years to file a personal injury action (W. Va. Code 55-2-12) and two years from the death to file a wrongful death action (W. Va. Code 55-7-6). If you are not sure which rule fits your situation, ask early rather than late.
Claims against local governments follow a separate rule: two years from when the claim arose, or from when the injury was or reasonably should have been discovered, whichever is later (W. Va. Code 29-12A-6). A complaint against a political subdivision has to ask for a judgment for the damages the jury finds, but it may not state a dollar amount (W. Va. Code 29-12A-6).
What Auto Policies Must Cover
Minimum coverage is a floor. In West Virginia, proof of insurance must reflect liability limits of at least $25,000 per person and $50,000 per accident for bodily injury or death, and $25,000 for property damage (W. Va. Code 17D-4-2).
If a crash leaves you with bills beyond what the other driver’s policy pays, your own uninsured and underinsured motorist coverage may matter. W. Va. Code 33-6-31 requires uninsured motorist coverage in the policy and an option for higher limits. Before accepting a payment, ask an attorney to check every policy that could apply.
Court Information for Follansbee
Follansbee is in Brooke County, which belongs to the 1st Judicial Circuit. The West Virginia Judiciary lists the county’s Circuit Clerk in Wellsburg, at Brooke County Judicial Center, 620 Main Street, Wellsburg, WV 26070.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
How To Begin Your Follansbee Claim
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in West Virginia. The form is free to use, and sending it does not mean you have hired anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
Are there limits on the damages I can recover?
It depends on the claim. West Virginia law limits punitive damages (W. Va. Code 55-7-29), noneconomic loss in claims against a political subdivision (W. Va. Code 29-12A-7) and noneconomic loss against the employer in some commercial truck cases (W. Va. Code 55-7-32).
How much liability coverage must a West Virginia driver carry?
The minimums are $25,000 per person, $50,000 per accident and $25,000 for property damage (W. Va. Code 17D-4-2).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
Are there special rules for claims against the government?
There are. Suit must come within two years of the cause of action or of discovery, whichever last occurs (W. Va. Code 29-12A-6), and W. Va. Code 29-12A-7 prohibits punitive damages and limits noneconomic loss to $500,000 for one person.
How long does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
What is the deadline to sue for an injury in Follansbee?
Two years for a personal injury action (W. Va. Code 55-2-12), and two years after the death for a wrongful death action (W. Va. Code 55-7-6).
Can I still recover if the accident was partly my fault?
Yes. Your claim is barred only if your fault is greater than the combined fault of everyone else responsible, and your award is reduced in proportion to your share (W. Va. Code 55-7-13c).
Injury Attorney Pages For Other West Virginia Communities
People are hurt in every part of West Virginia. These pages cover other communities.
