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Your Parkersburg Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Parkersburg because of another person’s actions, this page explains how West Virginia treats injury claims so you can plan your next step.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about West Virginia injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
What To Ask Before You Choose An Attorney In Parkersburg
Ask these in any first conversation:
- 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 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).
- 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).
- 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.
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
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 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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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.
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.
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
The other driver’s policy may be smaller than your bills. Under W. Va. Code 17D-4-2, the minimum liability amounts are $25,000 for injury to one person, $50,000 for injury to two or more people in one accident, and $25,000 for damage to property. Insurance carriers must certify coverage of at least those amounts (W. Va. Code 17D-2A-4).
When your losses are larger, other coverage matters. W. Va. Code 33-6-31 requires uninsured motorist coverage in these policies, with an option for higher limits, and an option for underinsured coverage up to the limits of liability coverage the insured bought. Ask your attorney to look at every policy that could apply.
Local Courts and Care Near Parkersburg
According to the West Virginia Office of Emergency Medical Services list of designated trauma centers dated December 16, 2022, Camden Clark Medical Center is a Level III trauma center in Parkersburg. The West Virginia Judiciary‘s page for Wood County lists the Circuit Clerk’s office in Parkersburg, at Wood County Judicial Building, 2 Government Square, Room 131, Parkersburg, WV 26101-5353. The county is in the 4th Judicial Circuit. For Census purposes Parkersburg is part of Wood County.
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.
Getting Started With Your Claim In Parkersburg
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
Where do injury lawsuits from the Parkersburg area go?
The court is chosen by the type and size of the case and where the people involved live or the injury happened. Ask your attorney to confirm it; the court listing described above names the local court locations.
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).
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.
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).
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.
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.
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).
Serving Injured Clients Across West Virginia
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