Skip to content
MyClaimWorth
WV
★ West Virginia · head & brain

Head & brain settlements
in West Virginia.

By 9 min read

A Fairmont man suffered a traumatic brain injury in a fight with a neighbor. The jury found the neighbor liable for battery but awarded nothing against about $170,000 in medical bills, and the Supreme Court of Appeals called that inadequate. A woman struck by a reversing truck in a Morgantown lot, who had a concussion, lost her case.

Facts that decide a head & brain claim in West Virginia

Inadequate awardsA 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 lotsA 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)
Medical bills as proofBills paid or incurred are prima facie evidence that the treatment was necessary and the charges reasonable, and a jury may compensate the worsening of a pre-existing condition.McKenzie v. Sevier (W. Va. 2020)
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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 head & brain 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 head & brain case in about two minutes, no cost and no obligation.

Check my case
★ WV · reported head & brain outcomes

What West Virginia courts have awarded.

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

  • McKenzie v. Sevier
    Supreme Court of Appeals of West Virginia · 2020
    Zero award reversed

    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. The jury found Donald Sevier liable for battery but awarded no damages, though about $170,000 in medical bills were in evidence. The court held the zero award could not stand and reversed in part.

  • Spencer v. Flint
    Supreme Court of Appeals of West Virginia · 2015
    Defense verdict affirmed

    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. She was diagnosed with a sprained wrist and ankle, a concussion and occipital neuralgia, with bills over $17,000. Neither Flint nor his passenger felt an impact, and the jury found for him. Affirmed.

★ WV · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in West Virginia.

  1. 1

    Brain injuries often erase memory of the event, so witnesses and police records matter.

  2. 2

    A pre-existing condition made worse by the injury is part of the claim, as the McKenzie jury was told.

  3. 3

    In a parking lot case, gather proof of the impact itself, such as damage or video.

★ 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 head & brain settlement in West Virginia.

★ head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. West Virginia courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

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

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.