West Virginia applies modified-51 comparative fault with a tiered medical-malpractice cap ($250k standard / $500k catastrophic).
West Virginia operates modified-51 comparative negligence. Medical-malpractice non-economic damages are capped at $250,000 standard and $500,000 in catastrophic cases (death, paraplegia, severe burns). The PI statute of limitations is two years.
W. Va. Code § 55-2-12
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by West Virginia law that bear on settlement values.
W. Va. Code § 55-7B-8
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under West Virginia law.
Reported West Virginia decisions for each injury type, each with a link to the judgment and to the full injury guide.
On May 19, 2011, Connor Tyree rear ended Pamela Bell’s pickup at a red light on Corridor G in Kanawha County, and he admitted liability.
whiplash in West Virginia →In September 2011 a van turned in front of Ashley Gunno on Route 119 in Kanawha County; her car spun into a third vehicle and was a total loss.
whiplash in West Virginia →Charles Corra was waiting to turn left into his workplace when Ryan Harnish rear ended him.
back & spine in West Virginia →After a July 2012 crash, Mary Weber had a cervical discectomy and fusion in January 2013.
back & spine in West Virginia →In July 2015 an argument between neighbors in Fairmont ended with Christopher McKenzie suffering facial injuries and a traumatic brain injury; he remembers nothing of the day.
head & brain in West Virginia →In May 2010 Wanda Spencer said Benjamin Flint backed his truck into her outside a pawn shop on Beechurst Avenue in Morgantown, knocking her down.
head & brain in West Virginia →On June 9, 2015, a Roof Service foreman backed his truck down the sidewalk to pick up scrap from the roof job and ran over homeowner Robert Trent.
fracture in West Virginia →In December 2016 Dean Fuller fell into a tree well on the 1500 block of Fourth Avenue in Huntington.
fracture in West Virginia →Donna Hamilton hurt her elbow in September 2011 when she fell while working as a cook in a school kitchen.
medical negligence in West Virginia →Darrell Wingett had a permanent pacemaker implanted in 2014 for sick sinus syndrome.
medical negligence in West Virginia →In April 2004 Richard Simmons, called in for extra work at an asbestos abatement site, fell off a second floor balcony while pushing a decontamination unit over the edge.
workplace in West Virginia →Gary Walkup, who worked with youth at a residential care center, said he was pushed out after asking to reopen his comp claim and told to stop playing the injury card.
workplace in West Virginia →Statutes and rulings that come up again and again in West Virginia injury claims, each with its source.
| Zero verdicts | A verdict that finds the crash caused an injury but awards nothing can be set aside as inadequate, as in Gunno.Gunno v. McNair (W. Va. 2016) |
|---|---|
| Fault rule | Your fault “shall not bar recovery … unless the plaintiff’s fault is greater than the combined fault of all other persons”; below that line the award is reduced by your share.W. Va. Code § 55-7-13c(c) |
| Seat belt use | Since 2021 it can reduce damages only, with expert proof, and not when an at fault driver was impaired.W. Va. Code § 17C-15-49a; see our seat belt table |
| Disputed parts of an injury | A jury can accept that a crash caused neck and back injuries but reject a claim for another body part; a trial judge should not overturn that finding when evidence supports it.Harnish v. Corra (W. Va. 2016) |
| Expert disclosure | A rebuttal expert not named in the final witness disclosure can be excluded, as Weber’s was.Weber v. Linn (W. Va. 2018) |
| Deadline to sue | An action for personal injuries must be brought “within two years next after the right to bring the same shall have accrued.”W. Va. Code § 55-2-12(b) |
| Inadequate awards | A zero dollar award cannot stand where liability is found and uncontroverted evidence shows the injury and its treatment.McKenzie v. Sevier (W. Va. 2020) |
| Parking lots | A driver backing out of a parking lot owes the ordinary duty of reasonable care, not a heightened duty to pedestrians.Spencer v. Flint (W. Va. 2015) |
How West Virginia compares with its neighbours in the South on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| West Virginia | Modified comparative, 51% bar | 2 years from date of injury |
| Alabama (AL) | Pure contributory negligence | 2 years from date of injury |
| Arkansas (AR) | Modified comparative, 50% bar | 3 years for personal injury; 2 years for medical malpractice |
| Florida (FL) | Modified comparative, 51% bar | 2 years from date of injury (was 4; reduced by HB 837) |
| Georgia (GA) | Modified comparative, 50% bar | 2 years from date of injury |
| Kentucky (KY) | Pure comparative negligence | 1 year for personal injury (one of the shortest in the US) |
| Louisiana (LA) | Modified comparative, 51% bar | 1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024 |
| Mississippi (MS) | Pure comparative negligence | 3 years from date of injury |
| North Carolina (NC) | Pure contributory negligence | 3 years from date of injury |
| South Carolina (SC) | Modified comparative, 51% bar | 3 years from date of injury |
| Tennessee (TN) | Modified comparative, 50% bar | 1 year from date of injury, among the shortest in the US |
| Texas (TX) | Modified comparative, 51% bar | 2 years from date of injury |
| Virginia (VA) | Pure contributory negligence | 2 years from date of injury |
Common questions about personal injury claims in West Virginia, answered with the relevant statutory references.
This page summarises the West Virginia statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in West Virginia. See /methodology, /sources, and /disclaimer.
