West Virginia · Car accident claims: what to do next

Car accident claims: what to do next in West Virginia

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Filing deadline2 years from accident dateW.Va. Code § 55-2-12

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in West Virginia?

2-year statute of limitations for personal injury under W.Va. Code § 55-2-12. West Virginia uses modified comparative negligence with a 50% bar (enacted 2015 via HB 2002), blocking recovery if the plaintiff is 50% or more at fault. A lawyer can confirm yours.

2 years from accident date

Source: W.Va. Code § 55-2-12

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

West Virginia follows an at-fault system that transitioned from pure comparative negligence to modified comparative negligence with a 50% bar in 2015 under HB 2002. The 2-year statute of limitations under W.Va. Code § 55-2-12 requires timely action. Minimum insurance is 25/50/25.

Medical facilities in West Virginia

  • WVU Medicine Ruby Memorial Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for West Virginia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in West Virginia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. W.Va. Code § 55-2-12