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West Virginia Truck Accident Attorney
State-specific legal information for truck accident cases in West Virginia. Find attorneys who understand West Virginia law, statute of limitations, and fault rules.
Statute of Limitations
2 years
Personal injury claims
Wrongful death: 2 years
Fault System
West Virginia uses modified comparative negligence with a 50% bar. If you are 50% or more at fault, ...
Damage Caps
Yes
$500,000
West Virginia caps non-economic damages at $500,000 in most cases. Economic dama...
Settlement Calculator
Estimate your potential case value for West Virginia
Past and future medical costs
Lost income and earning capacity
Based on injury severity (1 = minor, 5 = catastrophic)
West Virginia uses modified comparative 50 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.
$135,000 - $225,000
Actual settlements vary based on evidence, defendant conduct, and case-specific factors
Note: Your state has damage caps that may limit non-economic damages
West Virginia Statute of Limitations
Personal Injury Claims
2 years
From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.
Wrongful Death Claims
2 years
From the date of death to file a wrongful death lawsuit. Family members must act quickly.
Legal citation: W. Va. Code § 55-2-12
Don't Wait Until the Deadline
Even though you have 2 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.
West Virginia Fault System
West Virginia uses modified comparative negligence with a 50% bar. If you are 50% or more at fault, you cannot recover damages. Below 50%, your recovery is reduced proportionally.
What This Means for Your Case
Under West Virginia's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.
Legal citation: W. Va. Code § 55-7-13a
West Virginia Damage Caps
West Virginia caps non-economic damages at $500,000 in most cases. Economic damages are not capped. Medical malpractice cases have additional limitations.
Non-Economic Damages Cap
$500,000
Pain and suffering, loss of enjoyment
Frequently Asked Questions: West Virginia Truck Accident Law
Learn More About Truck Accident Cases
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Expert-Verified Information
Expert-InformedContent cross-referenced against expert guidance
Primary Sources:
- •FMCSA
- •NHTSA
- •CVSA
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