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Your New Martinsville Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in New Martinsville, it is reasonable to want a clear picture before you decide anything.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from West Virginia’s statutes, and the form at the top of the page is how you reach an attorney.
Questions To Ask A New Martinsville Injury Attorney
A short list of questions can sort out who is right for you:
- 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).
- 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).
- 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
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
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 New Martinsville? Get matched with an attorney now.
If You Were Partly At Fault
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.
Where West Virginia Law Sets Limits
The limits in West Virginia law depend on the type of defendant and the type of damages. Compensation for your bills and lost income is not limited in a claim against a political subdivision, but noneconomic loss in that claim cannot exceed $500,000 for one person (W. Va. Code 29-12A-7), and punitive damages are prohibited in such an action.
In a case against a commercial truck owner or employer, W. Va. Code 55-7-32 limits noneconomic damages to $5 million per injured person for each occurrence, for causes of action that arose after July 1, 2024. The figure rises each year from January 1, 2026 by the Consumer Price Index, up to 150 percent of the base amount. Exceptions apply, including a driver with an alcohol concentration of .04 or more, impairment by drugs, or driving beyond the hours of service limits.
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).
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).
Where Treatment and Court Happen in New Martinsville
The Census Bureau counts New Martinsville in Wetzel County. The West Virginia Judiciary‘s page for Wetzel County lists the Circuit Clerk’s office in New Martinsville, at Wetzel County Courthouse, 200 Main Street, New Martinsville, WV 26155. The county is in the 2nd Judicial Circuit. The West Virginia Office of Emergency Medical Services list of designated trauma centers, dated December 16, 2022, names Wetzel County Hospital in New Martinsville as a Level IV trauma center.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
Making Your First Contact In New Martinsville
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
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
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 New Martinsville?
It helps. An attorney who handles cases near New Martinsville knows the local courts and providers, and the form on this page matches you with one.
What is the West Virginia statute of limitations for a personal injury claim?
Generally two years (W. Va. Code 55-2-12). For a wrongful death, the limit is two years from the date of death (W. Va. Code 55-7-6).
If I was partly responsible, can I still recover something?
Yes, unless your fault is greater than the combined fault of all the other people responsible. Your recovery is then reduced in proportion to your degree of 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.
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.
If You Were Hurt Somewhere Else In West Virginia
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