Instantly Connect For Your Personal Injury Consultation When Filling Out Form
Your Fairmont Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Fairmont, the weeks afterward bring decisions that feel bigger than they should. Here is what West Virginia law says, in plain terms, so you can ask better questions.
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.
What To Ask Before You Choose An Attorney In Fairmont
Whoever you speak to, a few answers tell you a lot:
- 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).
- 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).
- 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).
- 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.
Common Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
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
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Fairmont? Get matched with an attorney now.
How Shared Fault Is Counted
Many people assume that a mistake of their own ends a claim. West Virginia law is less strict. Under W. Va. Code 55-7-13a, recovery in an injury case rests on comparative fault, and the fault of every person who helped cause the harm, whether a plaintiff, a defendant or someone who is not in the case, is stated as a percentage. The percentages must total zero or one hundred.
Under W. Va. Code 55-7-13c, the fault chargeable to you does not bar your claim unless it is greater than the combined fault of all the other people responsible. If it is not, your recovery is reduced in proportion to your degree of fault. A finding of 25 percent on an $80,000 loss would take $20,000 off the award, so the percentage deserves attention.
Limits That Can Apply To A Claim
Ask early whether a limit applies, because the answer depends on who is responsible. Against a political subdivision, W. Va. Code 29-12A-7 prohibits punitive damages and keeps noneconomic loss to $500,000 for one person, while economic loss has no such limit. For punitive damages in other claims, W. Va. Code 55-7-29 limits an award to the greater of four times the compensatory damages or $500,000.
A third rule covers commercial trucks. In a personal injury or wrongful death case involving a commercial motor vehicle that requires a commercial driver’s license, noneconomic damages against the employer defendant are limited to $5 million per injured person for each occurrence (W. Va. Code 55-7-32). The limit is not available to an employer defendant without at least $3 million in commercial motor vehicle insurance, and it does not apply in the situations the statute lists.
How Long You Have To File
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
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 Fairmont
For Census purposes Fairmont is part of Marion County. Look up Marion County on the West Virginia Judiciary‘s county pages and you find the Circuit Clerk in Fairmont, at Marion County Courthouse, 219 Adams Street, Room 211, Fairmont, WV 26554, in the 20th Judicial Circuit.
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.
What Happens When You Send The Form From Fairmont
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
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).
How much insurance does the other driver have to have?
Proof of insurance must show at least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident, and $25,000 for property damage (W. Va. Code 17D-4-2).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
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.
Do I need an attorney who works near Fairmont?
It helps. An attorney who handles cases near Fairmont knows the local courts and providers, and the form on this page matches you with one.
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).
Injury Attorney Pages For Other West Virginia Communities
If your injury happened outside Fairmont, one of these pages may fit better.
