West Virginia Personal Injury Laws

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.

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.

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.