West Virginia Personal Injury Laws
West Virginia follows a modified comparative fault system with a 50% bar, meaning you can recover damages only if you are less than 50% at fault. West Virginia is a traditional tort (at-fault) auto insurance state. The general statute of limitations for personal injury is 2 years. Joint and several liability was abolished by the 2015 tort reform legislation, with limited exceptions for DUI, criminal conduct, and illegal hazardous waste disposal.
Last verified: 2026-02-25
Statute of Limitations
Personal injury claims must be filed within 2 years from the date the right to bring the action accrued, which is generally the date of injury.
Exceptions
When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.
The statute of limitations is tolled for minors until they reach the age of 18, at which point the standard limitation period begins to run.
Wrongful death actions must be commenced within 2 years after the death of the deceased person. The personal representative of the estate brings the action.
Fault & Liability Rules
You can recover damages as long as your fault is less than 50%. Your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing. Each defendant is liable only for their proportional share of damages (several liability only).
Damage Caps
West Virginia does not impose a statutory cap on compensatory damages in general personal injury cases.
Punitive damages require clear and convincing evidence of actual malice or conscious, reckless, and outrageous indifference. The cap is the greater of four times compensatory damages or $500,000.
Auto Insurance System
West Virginia is an at-fault (tort) auto insurance state. The driver who caused the accident is responsible for paying damages. Drivers must carry minimum liability insurance of 25/50/25 ($25,000 per person bodily injury, $50,000 per accident bodily injury, $25,000 property damage) plus uninsured/underinsured motorist coverage.
Key West Virginia Statutes
Joint and several liability was abolished in 2015. Each defendant is liable only for their proportional share of damages. Exceptions exist for DUI-related conduct, criminal conduct, and illegal disposal of hazardous waste.
A jury may consider the fault of all potentially liable parties, including non-parties, when allocating fault. The defendant must provide notice of non-party fault within 180 days after service of process.
The personal representative of the estate may bring a wrongful death action. Recoverable damages include sorrow, mental anguish, loss of income, loss of services and companionship, medical expenses, and reasonable funeral expenses.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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