Car and truck accidents, falls, dog bites, and wrongful death claims for people in Weirton, Wheeling, Moundsville, and across the Northern Panhandle. We also take injury cases throughout West Virginia.
The deadline. Most personal injury claims in West Virginia must be filed within two years, and wrongful death claims generally within two years of the death. Some exceptions can shorten or extend that period, so it is worth checking early.
Shared fault. West Virginia uses modified comparative fault. An injured person can recover as long as their share of the fault is less than the combined fault of the others, and the recovery is reduced by their own percentage.
Insurance. Most claims are paid by insurance. West Virginia requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury coverage, which is often not enough for a serious injury, so your own coverage, including uninsured and underinsured motorist coverage, can matter.
An injury lawsuit is filed in circuit court, generally in the county where the accident happened or where the person being sued lives. In the Northern Panhandle, that usually means the circuit court in New Cumberland, Wellsburg, Wheeling, or Moundsville.
Weirton is our base, but we take injury cases throughout West Virginia.
Generally two years from the injury for most personal injury claims, and two years from the death for wrongful death claims. Some circumstances change the deadline, so check early rather than late.
Yes, as long as your share of the fault is less than the combined fault of the others. Your recovery is reduced by your percentage of fault.
You will usually need to report the claim, but a recorded statement or a quick settlement offer is worth discussing with a lawyer first. Early statements are often used later to limit a claim.
Both of our attorneys were raised in the Northern Panhandle and appear regularly in its courts. We offer phone and video consultations for clients who would rather not make the drive to Weirton.
This page provides general information about West Virginia law and is not legal advice. Consult a licensed attorney about your situation.
Talk with us before you sign anything with an insurance company. Consultations are free. Call (304) 919-2912 or (304) 919-2119, or send us a message.