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Your Point Pleasant Personal Injury Attorney
If you are reading this after an accident in Point Pleasant, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
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.
Before You Hire: Questions For A Point Pleasant Attorney
A short list of questions can sort out who is right for you:
- 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).
- 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).
- 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
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
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
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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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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).
Limits That Can Apply To A Claim
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.
Filing Deadlines For Injury Claims
For most personal injury claims, West Virginia requires suit within two years after the right to bring it 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). The type of claim sets the date, so ask any attorney to name the last day in your case.
If a city, county or other political subdivision may be responsible, the action must be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs (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.
Where Treatment and Court Happen in Point Pleasant
On the state’s list of designated trauma centers dated December 16, 2022, Point Pleasant is shown with Pleasant Valley Hospital, a Level IV trauma center. According to the West Virginia Judiciary, the Circuit Clerk for Mason County, in the 5th Judicial Circuit, is in Point Pleasant, at Mason County Courthouse, 200 Sixth Street, Point Pleasant, WV 25550. The Census Bureau counts Point Pleasant in Mason 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.
What Happens When You Send The Form From Point Pleasant
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.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
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.
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).
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
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).
Help Elsewhere in West Virginia
If your injury happened outside Point Pleasant, one of these pages may fit better.
