Personal injury lawyer help in Preston County, West Virginia

Preston County, West Virginia includes 14 named communities, the largest being Kingwood, Terra Alta. Whether an accident happened on a county road, in a small town or in one of the larger communities, the same West Virginia rules apply: a 2-year filing deadline for most injury claims, modified comparative negligence (50% bar), and lawsuits filed in the Preston County Circuit Court. This page is the county-wide guide, with links to a page for each community.

You describe what happened anywhere in Preston County using the free claim review form, and your request may be shared with participating attorneys or legal services partners who handle that type of matter in West Virginia. Submitting a request does not hire an attorney, and everything below is general legal information, not legal advice about your specific situation.

Each community below has its own guide with the local court, insurance rules and every type of injury claim.

• Kingwood, WVpop. 2,959
• Terra Alta, WVpop. 1,493

Smaller communities in Preston County include Albright, Arthurdale, Aurora, Bretz, Bruceton Mills, Eglon, Independence, Masontown, Newburg, Reedsville, Rowlesburg, Tunnelton. Residents of these areas follow the same West Virginia rules, use the same Preston County Circuit Court, and can request a free claim review from anywhere in the county.

West Virginia generally gives an injured person two years from the date of injury to file a personal injury lawsuit (W. Va. Code § 55-2-12); medical malpractice claims generally must be filed within two years, and wrongful death claims typically run from the date of death. Claims against a city, county, school district or state agency require a formal notice of claim far sooner, sometimes within a few months. Once the deadline passes, the Preston County Circuit Court will dismiss the case regardless of how clear the fault was, so the practical rule in Preston County is to get legal advice early.

West Virginia follows modified comparative negligence (50% bar). In plain terms, you can recover only if you were less than 50% at fault, and your award is reduced by your share of fault. Insurance adjusters apply this rule from the first phone call, which is why the way an accident is described and documented in the days after it happens in Preston County has a direct effect on what a claim is worth.

After a crash in Preston County, the at-fault driver's liability insurance is the primary source of compensation. West Virginia requires drivers to carry only 25/50/25 in coverage (thousands of dollars for bodily injury per person, per accident, and property damage), which serious injuries quickly exhaust. Underinsured motorist coverage on your own policy and claims against additional responsible parties often make the difference in Preston County cases.

Lawsuits arising from accidents in Preston County are typically filed in the Preston County Circuit Court, the trial court of general jurisdiction for Preston County, although cases can sometimes be filed where the defendant resides or does business, and claims against out-of-state trucking companies or manufacturers may end up in federal court. Most claims settle before trial, but the credible ability to try a case in Preston County is what moves insurers to pay fair value.

Employees injured on the job in Preston County are generally covered by West Virginia workers' compensation, administered through the West Virginia Offices of the Insurance Commissioner. Report the injury to your employer immediately and file a claim within the state's deadline (generally about six years). Workers' compensation does not pay for pain and suffering, so when a third party such as a subcontractor, driver or equipment manufacturer caused the injury, a separate personal injury claim is often worth pursuing alongside it.

• Monongalia County, WV
• Taylor County, WV
• Tucker County, WV
• Marion County, WV

See the West Virginia personal injury guide for every county in the state.