West Virginia

Find an Attorney in West Virginia

West Virginia pairs 51% modified comparative fault with a 2-year personal-injury SOL and a workers’ comp system that transitioned from state-monopoly to private-carrier-market in 2005–2008. From Kanawha (Charleston) to Cabell (Huntington) and the coal country, local court culture varies.

Practice areas in West Virginia

Common questions about West Virginia attorneys

Two years from the date of injury under W. Va. Code § 55-2-12 for most negligence claims. Claims against the State or political subdivisions require notice under specific statutes. Medical malpractice has its own 2-year SOL under W. Va. Code § 55-7B-4.
Yes — W. Va. Code § 55-7B-8 caps non-economic damages at $250,000 (or $500,000 for catastrophic injuries like wrongful death, permanent injury, or paralysis). Caps were upheld in MacDonald v. City Hospital (2011). A Certificate of Merit is required pre-suit under § 55-7B-6.
West Virginia was a state-monopoly workers’ comp state for nearly a century — BrickStreet Insurance Company (now Encova) was the state-supported insurer. Beginning in 2005, the state opened the market to private carriers and converted BrickStreet into a private mutual insurance company by 2008. The transition was the largest workers’ comp privatization in U.S. history. Many legacy claims still run under the older state-fund framework.
Under W. Va. Code § 55-7-13c, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. West Virginia adopted comparative fault relatively early but only codified the 51% formulation more recently.
West Virginia workers’ comp under W. Va. Code § 23 runs through the Insurance Commissioner and the Workers’ Compensation Office of Judges. You file a claim with the carrier, attend hearings before an Administrative Law Judge if disputed, and can appeal to the Workers’ Compensation Board of Review. Income benefits are 66 2/3% of average weekly wage up to a state maximum.

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