Future Damages in West Virginia
In West Virginia, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in West Virginia
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
West Virginia allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
West Virginia Injury Law
West Virginia applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies to most personal injury claims. West Virginia does not require no-fault PIP insurance. West Virginia's coal mining industry has historically been the source of significant workplace injury and occupational disease litigation, including black lung (pneumoconiosis) claims. Chemical plant accidents in the Kanawha Valley, including the 2014 Freedom Industries Elk River chemical spill, have generated significant environmental personal injury claims. West Virginia has no general cap on compensatory damages. West Virginia's 4 times compensatory cap on punitive damages reflects legislative efforts to moderate litigation costs in the state. Medical malpractice claims in West Virginia are subject to a 2-year limitation period under W. Va. Code § 55-7B-4 and require expert certification. Workers' compensation in West Virginia was privatized in 2005, with employers now obtaining private coverage rather than through the state-run system.