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Your Princeton Personal Injury Attorney
If you are reading this after an accident in Princeton, 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.
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 Princeton Attorney
Bring these to your first call, whoever it is with:
- 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).
- 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).
- 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.
Kinds of Injury Claims
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
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). 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
If an insurer says the accident was partly your fault, that does not end the matter. W. Va. Code 55-7-13c says fault chargeable to a plaintiff bars recovery only when it is greater than the combined fault of all other persons responsible for the damages. Below that point the award is reduced in proportion to your share.
The jury can also look at people who are not defendants. Under W. Va. Code 55-7-13d, the fault of a nonparty is considered if the plaintiff settled with that person or if a defendant gives notice, no later than 180 days after being served, that the nonparty was wholly or partly at fault. Your recovery is then reduced by that share, so who else shares the blame can change the numbers.
Where West Virginia Law Sets Limits
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).
Time Limits To Know
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
Minimum coverage is a floor. In West Virginia, proof of insurance must reflect liability limits of 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).
If a crash leaves you with bills beyond what the other driver’s policy pays, your own uninsured and underinsured motorist coverage may matter. W. Va. Code 33-6-31 requires uninsured motorist coverage in the policy and an option for higher limits. Before accepting a payment, ask an attorney to check every policy that could apply.
Medical Care and the Courthouse for Princeton
Princeton lies within Mercer County. According to the West Virginia Judiciary, the Circuit Clerk for Mercer County, in the 13th Judicial Circuit, is in Princeton, at Mercer County Courthouse, 1501 Main Street, Princeton, WV 24740. On the state’s list of designated trauma centers dated December 16, 2022, Princeton is shown with Princeton Community Hospital, a Level IV trauma center.
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.
Beginning Your Case Review In Princeton
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 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.
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.
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
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).
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).
If You Were Hurt Somewhere Else In West Virginia
If your injury happened outside Princeton, one of these pages may fit better.
