Personal Injury Claims & Lawsuits In West Virginia

Common Types of Personal Injury Claims in West Virginia

Before you move forward with a legal case, it can be helpful to understand your negotiation and lawsuit options. Here’s a quick overview of the most common personal injury claims & lawsuits in West Virginia:

Motor Vehicle Accident

Car and truck accidents are among the most common personal injury cases in West Virginia and elsewhere. You’ll negotiate with at-fault drivers and their insurers and can sue drivers/insurers who deny responsibility or underpay claims. Plaintiffs must show that the defendant’s negligence was the proximate cause of their injuries.

Going to trial is always a gamble. Trial success rates for plaintiffs are about 64%. However, statistically speaking, you have a greater chance of winning a car accident case than just about any other personal injury case.

General Injury

If you aren’t sure what category your case fits into, know that you’ll usually negotiate with at-fault parties and/or their insurance companies and sue those unwilling to pay fair compensation. Plaintiffs must show they have damages to collect due to the defendant’s negligence. Trial success rates for plaintiffs are about 50%.

Not all cases are good candidates for trial, but an attorney experienced with personal injury law can help you decide whether it’s best to settle or litigate.

Workers' Compensation

The workers’ compensation system generally helps avoid lawsuits, but some cases still need to be litigated. Negotiations take place with your employer or their workers’ comp insurance provider. Insurance providers can be the defendant if a lawsuit takes place. The plaintiff must show the defendant (insurer) refused to pay a legitimate claim.

Workers’ compensation trials are extremely rare, so there is no published data on trial success rates for plaintiffs. If you do file a lawsuit, you would need to exhaust the appeals process first.

Sexual Assault

Sexual assault lawsuits aren’t common, but they offer one way for survivors to get justice. You may opt to negotiate with perpetrators who show a willingness to settle, while lawsuits can proceed against perpetrators who deny responsibility. To succeed at trial, a plaintiff must show that the perpetrator’s actions caused harm.

Across all intentional tort cases, trial success rates for plaintiffs are about 52%. It’s important to note that you may file a lawsuit regardless of whether the assault was reported to the police or not.

Dog Bite

In West Virginia, owners are strictly liable for bites by dogs at large. However, for dogs on the owner’s property, the “one-bite” rule applies. You can negotiate with cooperative dog owners and pursue lawsuits against owners who refuse to negotiate or cover your medical care. Plaintiffs must show that the defendant’s dog caused harm.

Trial success rates for plaintiffs are about 75%. West Virginia’s dog bite laws are more complex than most, however. If you’ve been bitten, it’s critically important to consult an attorney.

Slip and Fall

“Slip and fall” incidents are one of the most common types of premises liability cases. Negotiations take place with property owners and their insurance companies. You can sue owners who insist they aren’t responsible for your injuries. Plaintiffs must show that the defendant’s negligence led to the injury.

Trial success rates for plaintiffs are about 38%. These cases can be a challenge to win at trial, but most property owners are willing to negotiate reasonable settlements.

Medical Malpractice

Of all personal injury cases, medical malpractice cases are among the hardest to win. Negotiations happen with medical providers (or their insurers), and lawsuits can take place with providers. To win, a plaintiff must show that the defendant delivered substandard care. Trial success rates for plaintiffs are about 22%.

Because these cases are so unique, it’s essential to consult an attorney with specific experience in medical malpractice cases.

Filing a Personal Injury Claim

In West Virginia, you generally have two years to file a personal injury lawsuit. However, in many cases, you may not need to sue at all.

A skilled personal injury lawyer can file an insurance claim on your behalf, and they may be able to negotiate a settlement as well. About 60-70% of claims are resolved this way.

Typical Personal Injury Settlement Amounts in West Virginia

These are some general settlement ranges for cases in West Virginia:

• Minor Injuries: $2,000-$15,000
• Moderate Injuries: $20,000-$100,000
• Severe injuries: $100,000-$1,000,000+

While these ranges may give you an idea of what to expect, the best way to get a sense of your case’s worth is to talk to a personal injury lawyer.

When You Need to File a Lawsuit

Most of the time, personal injury cases settle without litigation. However, if there are disputes over fault or the insurance company is denying or underpaying your claim, a lawsuit may be in order.

About 15-20% of cases lead to lawsuits being filed, and many of those lawsuits settle before court. Only about 3-5% go all the way to trial.

Get Matched With a Personal Injury Lawyer in West Virginia

Personal injury claims & lawsuits in West Virginia can be challenging to navigate, but the best way to increase your chances of success is to contact a personal injury lawyer as soon as possible.

ConsumerShield can help. We match people like you with experienced, pre-vetted lawyers nearby. Fill out our contact form below to get started with a free case review!