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Your Wheeling Personal Injury Attorney
If you are reading this after an accident in Wheeling, 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.
A quick note on what this page is: general information about West Virginia injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask A Wheeling Injury Attorney
Ask these in any first conversation:
- 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).
- 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).
- 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).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Injury Claims People Ask About
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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.
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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
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.
Time Limits To Know
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.
Where You Can Be Treated in Wheeling
On the state’s list of designated trauma centers dated December 16, 2022, Wheeling is shown with Wheeling Hospital, a Level III trauma center. The Census Bureau lists Wheeling in more than one county: Marshall County and Ohio 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 Wheeling
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.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
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).
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 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).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
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).
Should my attorney be local to Wheeling?
Not required, but useful. Someone who works regularly near Wheeling will know how the nearby courts and clinics operate.
Help Elsewhere in West Virginia
People are hurt in every part of West Virginia. These pages cover other communities.
