Lost Wages in a West Virginia Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in West Virginia, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
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
What Lost Wages You Can Recover in West Virginia
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in West Virginia
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.