Unless you are a personal injury attorney, it is almost impossible to learn and comprehend all of the various laws that can potentially affect your case. At DiTrapano Barrett DiPiero McGinley & Simmons, PLLC, we consider it our job to keep abreast of all such statutes, and to make sure that our clients comprehend them as well.
The following are a few of the personal injury laws in West Virginia of which you should be aware:
Statute of Limitations
The statute of limitations varies according to the type of personal injury you experience, as follows:
- Malpractice— two years
- Libel, slander, and defamation—one year
- Injury to personal property—two years
- Product liability—two years
- Breach of contract (written)—ten years
- Breach of contract (oral)—five years
- Other personal injuries—two years
Modified Comparative Negligence
This is a West Virginia personal injury law that deals with the determination of which parties can sue for damages. It is also known as the 50 percent rule. According to the statute, the injured party is only entitled to financial recovery if it is established that he or she is less than 49 percent at fault for causing the incident that led to the injury. If the victim is found to be more than 50 percent at fault for the incident, he or she is entitled to no recovery whatsoever.
Proof of Intent
You do not need to prove intent in order to collect compensation for personal injury. Many victims are under the impression that they must have evidence that the accountable party acted towards them with malice or forethought, thereby causing a subsequent injury. As many West Virginia personal injury lawyers know, however, this assumption is wrong. It must only be shown that the negligence, carelessness, or recklessness of the responsible party led to your injury.
Contact Us Regarding Personal Injury Laws in West Virginia Today
If you or a loved one is injured, there is no time to waste. You need attorneys who are experienced with personal injury laws in West Virginia to begin working on your behalf immediately. At DiTrapano Barrett DiPiero McGinley & Simmons, PLLC, we represent victims statewide in personal injury, medical malpractice, and trucking accident cases. Contact us today at (304) 816-4704 for a free consultation and evaluation of your claim.