West Virginia has many laws that may be applicable in your personal injury case. Understanding these rules can vastly influence the amount you will be able to collect in damages. The following are some key West Virginia personal injury rules.
Time Limits- West Virginia has a deadline of two years to file your personal injury claim. This time limit extends from the date of the injury. If you fail to file within the deadline, you may forfeit your right to bring the matter to court.
Claims Against the Government- West Virginia has no special procedure to file a claim against government entities or employees. Time limits and procedures are the same as with other personal injury cases. Consult with your attorney as to whether you should file a notice of the personal injury claim in the county in which the accident occurred.
Comparative Fault- West Virginia employs a comparative negligence rule, which means that any damages awarded to you are reduced by a percentage equal to your determined fault in the accident. If you are found to be more than 50% at fault for your injuries, you may lose your right to collect any damages whatsoever. For example, if you are found to be 10% at fault, a $10,000 award would net you $9,000.
Strict Liability for Dog Bite Cases- The owner of a dog in West Virginia is always liable for any injuries caused by that dog, regardless of whether the dog has attacked anyone before. The only exception to this rule is if the animal was provoked by the injured party.
Damage Caps- West Virginia caps non economic damages, such as pain and suffering. In extreme cases such as catastrophic injury, disfigurement, or death, the cap is set at $500,000. All other personal injury cases are capped at $250,000. These caps do not include compensatory damages such as medical costs or lost wages.
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