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For instance, per WV Code § 17C-4-5, you could face a fine of up to $150 if you struck a ?highway fixture.? However, if your collision fatally injured someone, you could face a vehicular homicide charge. This can result in prison time, fines, community service, and license suspension.
However, West Virginia follows a modified comparative negligence law that says the injured party can only receive compensation if they are deemed to be 49% or less at fault for the accident. If they are 50% or more responsible, they will not be compensated.
Time limits The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
Surviving spouse. Children, stepchildren, and adopted children. Parents and siblings. Other dependents (including any people who were financially dependent upon the decedent at the time of his or her death)
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
The Property Damage Lawsuit Filing Deadline in West Virginia Specifically, West Virginia Code section 55-2-12 sets a two-year deadline for the filing of a lawsuit over any "damage to property."
What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.
Serious bodily injury: Bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.