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Your Waverly 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 Waverly was someone else’s doing, start with the basics below and go at your own pace.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to West Virginia law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Waverly
Whoever you speak to, a few answers tell you a lot:
- The date. Ask the attorney to name the exact last day to file in your case. West Virginia’s general limit for a personal injury claim is two years (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.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
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). 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 Waverly? Get matched with an attorney now.
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).
Where West Virginia Law Sets Limits
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).
What Auto Policies Must Cover
West Virginia requires proof of insurance for each vehicle, and the certificate must show liability coverage of at least the amounts in W. Va. Code 17D-4-2: $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage (W. Va. Code 17D-2A-4). Those figures are minimums, and a serious injury can cost far more.
Check your own policy as well. A liability policy delivered in the state has to include uninsured motorist coverage at limits no less than those minimums, and the policy must give the insured an option for higher uninsured limits and for underinsured coverage (W. Va. Code 33-6-31).
The Court Listed for Waverly
For Wood County, the West Virginia Judiciary‘s county page lists the Circuit Clerk’s office in Parkersburg, at Wood County Judicial Building, 2 Government Square, Room 131, Parkersburg, WV 26101-5353, in the 4th Judicial Circuit. For Census purposes Waverly is part of Wood 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.
What Happens When You Send The Form From Waverly
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in West Virginia. Using it is free, and it does not create an attorney client relationship.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
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).
Does it matter if my attorney knows the Waverly area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Waverly.
How long do I have to file an injury lawsuit in West Virginia?
For most injury claims, two years after the right to sue accrued (W. Va. Code 55-2-12). A wrongful death action must be commenced within two years after the death (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).
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).
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 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.
If You Were Hurt Somewhere Else In West Virginia
If your injury happened outside Waverly, one of these pages may fit better.
