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Your Glenville Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Glenville because of another person’s actions, this page explains how West Virginia treats injury claims so you can plan your next step.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from West Virginia’s own statutes so that you can check them yourself.
Questions To Ask A Glenville Injury Attorney
Whoever you speak to, a few answers tell you a lot:
- Your share of fault. Ask how a finding that you were partly at fault would change the numbers. West Virginia bars a claim only when your fault is greater than the combined fault of everyone else responsible (W. Va. Code 55-7-13c).
- 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).
- Any ceiling. Ask which limits could apply to you. Punitive damages, claims against political subdivisions and certain commercial truck claims each have a statutory limit (W. Va. Code 55-7-29, W. Va. Code 29-12A-7, W. Va. Code 55-7-32).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Injury Claims People Ask About
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. 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). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
Injured in Glenville? Get matched with an attorney now.
How Shared Fault Is Counted
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).
Limits That Can Apply To A Claim
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).
Filing Deadlines For Injury Claims
Time limits decide many injury cases before anyone argues about fault. The general rule is two years from the date the right to sue accrued (W. Va. Code 55-2-12), and the wrongful death rule is two years from the date of death (W. Va. Code 55-7-6). Missing either date usually ends the case.
Children may have longer. For most claims, someone who was a minor when the right accrued can sue within the same number of years after reaching adulthood, but never more than 20 years after the right accrued (W. Va. Code 55-2-15). Against a political subdivision, a child under ten when injured has until the twelfth birthday if that gives more time than two years (W. Va. Code 29-12A-6).
Coverage Limits Behind a Crash Claim
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.
The Court Listed for Glenville
Gilmer County belongs to the 17th Judicial Circuit, and the West Virginia Judiciary lists its Circuit Clerk in Glenville, at Gilmer County Courthouse, 10 Howard Street, Glenville, WV 26351. For Census purposes Glenville is part of Gilmer County.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How To Take The First Step In Glenville
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.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
What are West Virginia’s minimum auto insurance limits?
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).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
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.
What if a city or county caused my injury?
Yes. An action against a political subdivision must be brought within two years after the cause of action arose or the injury was discovered or reasonably should have been discovered, whichever last occurs (W. Va. Code 29-12A-6). Punitive damages are prohibited and noneconomic loss is limited to $500,000 for one person (W. Va. Code 29-12A-7).
Which court would hear an injury case from Glenville?
An attorney will tell you which court has jurisdiction in your situation. The state judiciary’s court listing, described above, shows where its local courts are.
What is the deadline to sue for an injury in Glenville?
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).
Does West Virginia bar me from recovering if I share the blame?
Not unless your share is greater than the combined fault of all others responsible. Below that point you can recover, reduced in proportion to your fault (W. Va. Code 55-7-13c).
Is there a cap on what I can recover for an injury in West Virginia?
The statutes cited on this page set limits in specific situations: punitive damages may not exceed the greater of four times the compensatory damages or $500,000 (W. Va. Code 55-7-29), noneconomic loss against a political subdivision is limited to $500,000 for one person (W. Va. Code 29-12A-7), and certain commercial truck claims carry a $5 million limit on noneconomic loss against the employer defendant (W. Va. Code 55-7-32). Ask an attorney whether one applies to your facts.
If You Were Hurt Somewhere Else In West Virginia
People are hurt in every part of West Virginia. These pages cover other communities.
