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Your Summersville Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Summersville, you are allowed to take your time understanding your options before you sign or say anything.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to West Virginia law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Summersville
Whoever you speak to, a few answers tell you a lot:
- 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 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).
- 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
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
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 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Summersville? Get matched with an attorney now.
When Fault Is Shared
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.
Limits That Can Apply To A Claim
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).
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).
Insurance Minimums in West Virginia
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.
Courts and Hospitals in Summersville
Summersville Regional Medical Center in Summersville appears on the Office of Emergency Medical Services list of designated trauma centers dated December 16, 2022, as a Level IV trauma center. According to the West Virginia Judiciary, the Circuit Clerk for Nicholas County, in the 16th Judicial Circuit, is in Summersville, at Nicholas County Courthouse, 700 Main Street, Suite 5, Summersville, WV 26651. The Census Bureau counts Summersville in Nicholas 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.
Where To Begin After An Injury In Summersville
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.
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 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.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
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.
Which court would hear an injury case from Summersville?
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.
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).
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.
Help Elsewhere in West Virginia
People are hurt in every part of West Virginia. These pages cover other communities.
