Personal injury litigation is subject to different regulations in every state. To bring a case in West Virginia it is very important that you consult an experienced West Virginia personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in West Virginia can arise from negligence or intentional wrongdoing.
In West Virginia you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
West Virginia follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
West Virginia personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under West Virginia law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
West Virginia limits non-economic damages to $500,000 Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
West Virginia does not restrict punitive damages. Punitive damages are assessed to punish the defendant's wrongdoing.
In West Virginia you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in West Virginia you need the counsel of a personal injury attorney who understands the nuances of West Virginia law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.