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Your Nitro 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 Nitro, it is reasonable to want a clear picture before you decide anything.
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.
Before You Hire: Questions For A Nitro Attorney
Ask these in any first conversation:
- 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).
- 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).
- 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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
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
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
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
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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 Nitro? 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).
Damage Limits You May Hear About
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.
Filing Deadlines For Injury Claims
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).
Coverage Limits Behind a Crash Claim
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).
Hospital Care in Nitro
The Census Bureau lists Nitro in more than one county: Kanawha County and Putnam County. For Kanawha County, the West Virginia Judiciary’s county page lists the Circuit Clerk’s office in Charleston, at Kanawha County Judicial Building, 111 Court Street, Charleston, WV 25301, in the Eighth Judicial Circuit. For Putnam County, the West Virginia Judiciary’s county page lists the Circuit Clerk’s office in Winfield, at Putnam County Judicial Building, 12093 Winfield Road, Winfield, WV 25213, in the Seventh Judicial Circuit.
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.
Making Your First Contact In Nitro
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in West Virginia. It costs nothing to use and does not commit you to anything.
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
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).
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).
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).
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.
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.
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.
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.
Injury Attorney Pages For Other West Virginia Communities
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