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★ West Virginia · fracture

Fracture settlements
in West Virginia.

By 9 min read

A Bridgeport roofing company’s foreman backed his truck down a sidewalk and ran over the homeowner, fracturing his pelvis and elbow; the jury awarded $931,000 and the verdict was affirmed in 2020. The same year, a man who fractured his elbow in an uncovered tree well in Huntington lost because the hazard was open and obvious.

Facts that decide a fracture claim in West Virginia

Open and obviousA visible hazard in clear weather, like the uncovered tree well in Fuller, can defeat a fall claim on summary judgment.Fuller v. City of Huntington (W. Va. 2020)
Employer responsibilityA company is liable for its employee’s negligence when he acts within the scope of employment, as the foreman retrieving job debris did in Trent.Roof Service of Bridgeport v. Trent (W. Va. 2020)
Claims against local governmentNo notice rule for cities and counties, but suit must come within two years; noneconomic loss against them is capped at $500,000.W. Va. Code §§ 29-12A-6, 29-12A-7; see our notice table
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. West Virginia's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in West Virginia. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ WV · reported fracture outcomes

What West Virginia courts have awarded.

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

  • Roof Service of Bridgeport v. Trent
    Supreme Court of Appeals of West Virginia · 2020
    $931,000 verdict affirmed

    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. He had a fractured pelvis, an open elbow fracture fixed with plates and screws, and a broken thumb. The jury awarded $181,000 in medical bills, $250,000 for pain, $250,000 for loss of enjoyment of life and $250,000 for his wife. Affirmed.

  • Fuller v. City of Huntington
    Supreme Court of Appeals of West Virginia · 2020
    Summary judgment for the city affirmed

    In December 2016 Dean Fuller fell into a tree well on the 1500 block of Fourth Avenue in Huntington. Most wells he passed were filled or covered, but this one dropped six to seven inches. He had a bloody nose and an elbow fractured in several places. The court held the condition open and obvious in clear weather and affirmed judgment for the city.

★ WV · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in West Virginia.

  1. 1

    Photograph how the hazard looked to you, including lighting and what other spots looked like.

  2. 2

    When a worker hurts you on a job, the employer can be the one who pays.

  3. 3

    Claims against a city or county must be filed within two years, and noneconomic loss is capped at $500,000.

★ 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 fracture settlement in West Virginia.

★ fracture · 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 fracture claims.

JurisdictionFault ruleLimitationFracture page
West Virginia · you are hereModified comparative, 51% bar2 years from date of injury—
AlabamaPure contributory negligence2 years from date of injuryAL · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
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 · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
★ WV · fracture · frequently asked

Common questions.

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

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of WV
West Virginia overview

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

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for West Virginia's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in West Virginia. See /methodology, /sources, and /disclaimer.