Modified Comparative Negligence (50% Bar)
West Virginia follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
West Virginia follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in West Virginia
31,252
Personal injury lawsuits per year
West Virginia follows modified comparative negligence with a 50% bar rule. The Bradley v. Appalachian Power Co. (1979) case established this standard, replacing contributory negligence.
West Virginia's coal mining industry has produced substantial litigation. Black lung disease cases, mining accidents, and environmental contamination create complex claims.
The state has seen significant opioid litigation, with West Virginia being among the hardest-hit states and pharmaceutical companies facing massive liability.
West Virginia personal injury cases are filed in Circuit Court, with 31 judicial circuits. Kanawha County (Charleston) handles the most civil litigation.
West Virginia follows the West Virginia Rules of Civil Procedure. The state uses case management and pretrial conferences.
West Virginia courts encourage mediation and settlement conferences. Mass litigation is common in coal and pharmaceutical cases.
West Virginia attorneys are licensed by the West Virginia State Bar. For personal injury cases, experience with West Virginia's 50% bar rule is essential.
The West Virginia Association for Justice is the state's primary plaintiff attorney organization. Coal industry and pharmaceutical litigation experience is valuable.
Contingency fees typically range from 33-40%. West Virginia has no general damage caps on personal injury claims.
West Virginia's statute of limitations for personal injury is 2 years under W. Va. Code § 55-2-12. This applies to most negligence claims.
Medical malpractice also has a 2-year limit. Claims against West Virginia government entities require compliance with the Government Tort Claims and Insurance Reform Act.
This calculator provides estimates only and is not legal advice. Laws in West Virginia are complex and individual case results vary. Consult a licensed West Virginia attorney for advice specific to your case.