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Your Mingo 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 Mingo, 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.
Questions Worth Asking In Mingo
Bring these to your first call, whoever it is with:
- 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 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).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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.
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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).
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).
Insurance Minimums in West Virginia
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).
Court Information for Mingo
Look up Randolph County on the West Virginia Judiciary‘s county pages: the 24th Judicial Circuit’s Circuit Clerk for the county is in Elkins, at Randolph County Courthouse, 2 Randolph Avenue, Elkins, WV 26241. The Census Bureau counts Mingo in Randolph County.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
How To Begin Your Mingo 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.
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
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.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Is a claim against a local government different in West Virginia?
It is. The time limit is two years from when the claim arose or the injury was or reasonably should have been discovered, whichever is later (W. Va. Code 29-12A-6), and noneconomic loss is limited to $500,000 for one person (W. Va. Code 29-12A-7).
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
What is the deadline to sue for an injury in Mingo?
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).
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).
Injury Attorney Pages For Other West Virginia Communities
The same matching service covers more of West Virginia. Pick the community closest to where it happened.
