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★ West Virginia · back & spine

Back & spine settlements
in West Virginia.

By Reviewed by Abd Shanti, Founder9 min read

Causation is the fight in most West Virginia spine cases. A driver who admitted rear ending a man in Wood County conceded his neck and back injuries but not his knee, and the Supreme Court of Appeals reinstated the jury’s verdict on the knee. A woman who had a cervical fusion after a crash lost because her earlier disc problems left the cause in doubt.

Facts that decide a back & spine claim in West Virginia

Disputed parts of an injuryA 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 disclosureA rebuttal expert not named in the final witness disclosure can be excluded, as Weber’s was.Weber v. Linn (W. Va. 2018)
Deadline to sueAn 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)
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★ WV · reported back & spine outcomes

What West Virginia courts have awarded.

Real West Virginia decisions and verdicts, each linked to the court record or official report.

  • Harnish v. Corra
    Supreme Court of Appeals of West Virginia · 2016
    Jury verdict reinstated

    Charles Corra was waiting to turn left into his workplace when Ryan Harnish rear ended him. Harnish admitted liability and that Corra’s neck and back problems came from the crash, but disputed his right knee. Corra claimed $25,642.62 in medical bills, $9,620.59 of it for neck and back, and had knee surgery. The circuit court ordered a new trial; the Supreme Court of Appeals reinstated the verdict.

  • Weber v. Linn
    Supreme Court of Appeals of West Virginia · 2018
    Defense verdict affirmed

    After a July 2012 crash, Mary Weber had a cervical discectomy and fusion in January 2013. She had been treated in 2006 for a herniated cervical disc. Causation was challenged, the jury heard evidence of little damage to the other vehicle, and her rebuttal expert on that point was excluded. The jury found she was not injured by the crash, and the court affirmed.

★ WV · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in West Virginia.

  1. 1

    Tell your doctors about any earlier back or neck treatment; the defense will find it.

  2. 2

    Name every expert, including rebuttal experts, in your final disclosure.

  3. 3

    An admission for one injury does not cover another; prove each body part separately.

★ WV · statute of limitations
2 years from date of injury

W. Va. Code § 55-2-12

★ WV · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ WV · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in West Virginia.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How West Virginia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
West Virginia · you are hereModified comparative, 51% bar2 years from date of injury—
AlabamaPure contributory negligence2 years from date of injuryAL · back & spine →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · back & spine →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · back & spine →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · back & spine →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
ArizonaPure comparative negligence2 years from date of injuryAZ · back & spine →
★ WV · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in West Virginia? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-30.

★ all of WV
West Virginia overview

Fault rule, statute, caps, and key facts for West Virginia as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in West Virginia. See /methodology, /sources, and /disclaimer.