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Your Romney Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Romney, the weeks afterward bring decisions that feel bigger than they should. Here is what West Virginia law says, in plain terms, so you can ask better questions.
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.
What To Ask Before You Choose An Attorney In Romney
A short list of questions can sort out who is right for you:
- 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).
- 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 people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
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
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
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Romney? Get matched with an attorney now.
When Fault Is Shared
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).
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.
How Long You Have To File
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
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).
Court Information for Romney
Look up Hampshire County on the West Virginia Judiciary‘s county pages and you find the Circuit Clerk in Romney, at Hampshire County Judicial Center, 50 South High Street, Suite 157, Romney, WV 26757, in the 26th Judicial Circuit. Romney lies within Hampshire 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.
What To Do Once You Are Ready To Talk In Romney
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in West Virginia. There is no charge to submit it, and submitting it does not hire anyone.
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
Which court would hear an injury case from Romney?
An attorney will tell you which court has jurisdiction in your situation. The state judiciary’s court listing, described above, shows where its local courts are.
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).
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).
Does West Virginia limit damages in injury cases?
In some situations, yes. Punitive damages are limited by W. Va. Code 55-7-29, claims against a political subdivision by W. Va. Code 29-12A-7, and certain commercial truck claims by W. Va. Code 55-7-32. An attorney can tell you whether any of them applies to your case.
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.
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).
Injury Attorney Pages For Other West Virginia Communities
If your injury happened outside Romney, one of these pages may fit better.
