WV·State Guide
Personal Injury Law in West Virginia
Key rules for personal injury claims in West Virginia — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — West Virginia
- 01Modified comparative fault — barred at 50%+ fault
- 022-year statute of limitations
- 03No caps on damages
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury
- Fault System
- Modified comparative fault (50% bar) — West Virginia bars recovery if the injured person is 50% or more at fault.
- Damage Caps
- No general cap on damages.
- Government Notice Deadline
- No specific short notice period. Standard SOL applies.
- Auto Insurance System
- At-fault state.
- Minimum Liability Coverage
- 25/50/25.
- Workers' Comp Deadline
- Report within 6 months. File claim within 3 years.
Fault System in West Virginia
West Virginia bars recovery if the injured person is 50% or more at fault.
Auto Insurance in West Virginia
At-fault state.
Minimum required liability coverage: 25/50/25..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.