West Virginia Personal Injury Laws, Deadlines and Local Guides

Personal injury claims in West Virginia

This is the West Virginia hub of the Ask Legal Matters injury law guides. It summarizes the rules that apply to every injury claim in the state and links to local guides for 129 West Virginia communities, each with pages on car, truck, motorcycle and pedestrian accidents, slip and fall injuries, workplace injuries and workers' compensation, medical malpractice and wrongful death.

West Virginia gives injured people two years to file most personal injury lawsuits (W. Va. Code § 55-2-12) and a different deadline for medical malpractice (two years, but ONE year for nursing homes and similar facilities (W. Va. Code § 55-7B-4(b)), with a 10-year outer limit). The state follows modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault. West Virginia is an at-fault auto insurance state with minimum liability limits of 25/50/25. Injury cases are tried in the Circuit Court of the county where the accident happened, and work injuries must be reported to your employer within immediately, or as soon afterwards as practicable.

West Virginia injury law at a glance

Personal injury deadline: two years from the injury (W. Va. Code § 55-2-12)
Medical malpractice deadline: two years (discovery-rule exceptions)
Fault rule: modified comparative negligence (51% bar)
Auto insurance: At-fault
Minimum auto liability: 25/50/25
Trial court: County Circuit Court
Workers' compensation: private carrier or self-insured employer, with appeals to the West Virginia Workers’ Compensation Board of Review
Workers' comp claim deadline: About six months

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West Virginia injury guides by county

Every West Virginia county has its own page covering the county court, the state rules and every community in the county, large or small.

Largest communities in West Virginia

More West Virginia city guides: Beckley, WV, Martinsburg, WV.

West Virginia claims by injury type

Read the statute of limitations overview for every state for a side-by-side comparison of filing deadlines.

Frequently asked questions

How long do I have to file a personal injury lawsuit in West Virginia?

Generally two years from the date of injury (W. Va. Code § 55-2-12). Medical malpractice claims generally must be filed within two years, and claims against government entities require a notice of claim much sooner.

What happens if I was partly at fault in West Virginia?

West Virginia applies modified comparative negligence (51% bar): you can recover as long as you were not more than 50% at fault, and your award is reduced by your share of fault.

Is West Virginia a no-fault state?

No. West Virginia is an at-fault state; the negligent driver's liability insurance (minimum 25/50/25) is the primary source of compensation.

Where are injury lawsuits filed in West Virginia?

In the Circuit Court of the county where the accident happened or where the defendant resides. Claims against out-of-state companies may be removed to federal court.

How do I find a personal injury lawyer near me in West Virginia?

Choose your county or community below for local information, or click the free claim review button; your request may be shared with independent attorneys and legal services partners who handle inquiries in West Virginia.

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Click here for a free claim review — submit accident details

Ask Legal Matters is a lead-generation service, not a law firm. Submitting a request does not hire an attorney. Review the contact consent and privacy policy on the form before submitting.