West Virginia Car Accident Settlement Calculator

West Virginia Car Accident Settlement Laws

West Virginia follows modified comparative (50%) rules for personal injury claims. The statute of limitations for filing a car accident lawsuit in WV is 2 years from the date of the accident.

How West Virginia Fault Rules Affect Your Settlement

Under West Virginia's modified comparative (50%) system, your compensation may be reduced or barred based on your percentage of fault in the accident.

You can recover damages as long as your fault does not exceed the threshold. If it does, you receive nothing.

Average Car Accident Settlements in West Virginia

• Minor injuries (whiplash, sprains): $5,000 – $25,000
• Moderate injuries (fractures, disc herniation): $25,000 – $100,000
• Serious injuries (surgery, long recovery): $100,000 – $500,000
• Severe/catastrophic (TBI, spinal cord): $500,000 – $5,000,000+

What Affects Your WV Settlement Value?

• Total medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering multiplier (typically 1.5x to 5x medical costs)
• Your percentage of fault under West Virginia's modified comparative (50%) rules
• Insurance policy limits of the at-fault driver
• Quality of evidence (photos, police report, witnesses)
• Whether you hired an attorney

Steps After a Car Accident in West Virginia

• Call 911 and get a police report filed
• Seek immediate medical attention (even if injuries seem minor)
• Document everything: photos, witness info, medical records
• Do NOT give a recorded statement to the other driver's insurance
• Consult a West Virginia personal injury attorney within the 2 years statute of limitations
• Keep all receipts for medical bills, prescriptions, and lost work

Disclaimer: This calculator provides estimates only and should not be considered legal advice. Actual settlement values depend on many factors unique to your case. Consult a licensed West Virginia attorney for personalized guidance.