Farmer, Cline & Campbell Personal Injury Lawyers | May 29, 2025 | Personal Injury
If you’ve been hurt in an accident in West Virginia, you might be wondering how much money you can expect to receive in a personal injury settlement. Whether the injury happened in a car crash, at work, in a store, or somewhere else, it’s helpful to know what average settlement amounts look like and what factors impact those amounts.
This article breaks it all down using simple language so you can feel informed and confident as you move forward with your case.
What Is a Personal Injury Settlement?
A personal injury settlement is money paid to someone who has been injured because of someone else’s actions or negligence. Instead of going to court, most personal injury cases are settled through an agreement between the injured person and the person (or company) responsible.
The goal of a settlement is to help cover:
- Medical bills
- Lost wages from missing work
- Pain and suffering
- Property damage
- Future medical needs or lost income
Every case is different, so the amount of a settlement can vary widely.
Average Personal Injury Settlement Amounts in West Virginia
There’s no exact number that applies to every case, but here are some general ranges for West Virginia personal injury settlements:
- Minor injuries (like small cuts, bruises, or mild sprains): These cases may settle for around $2,000 to $15,000.
- Moderate injuries (like broken bones, torn ligaments, or injuries needing surgery): Settlements could range from $20,000 to $100,000 depending on the situation.
- Serious or long-term injuries (such as brain injuries, spinal damage, or permanent disability): These cases may result in settlements between $100,000 and several million dollars.
Keep in mind that each settlement amount depends on many details, like the severity of the injury, medical costs, and how the injury affects your daily life.
Common Types of Personal Injury Cases
In West Virginia, personal injury claims often involve:
- Car accidents
- Truck accidents
- Slip and fall injuries
- Workplace accidents
- Medical mistakes
- Dog bites
- Defective products
Each type of injury comes with different challenges and potential settlement ranges. For example, a car crash involving a drunk driver may lead to a higher settlement because of the reckless behavior involved.
What Affects Personal Injury Settlement Amounts?
Several key factors determine how much money someone might receive in a personal injury settlement in West Virginia:
- Severity of the injury: More serious injuries often mean higher settlements. If an injury keeps someone from working or requires surgery, therapy, or long-term care, the case will usually be worth more.
- Medical expenses: The more you spend on medical treatment, the higher your settlement may be. Bills from doctors, hospitals, specialists, and therapists are added up when calculating damages.
- Lost income: If the injury caused you to miss work—or if you can no longer work in the same way—you can seek compensation for lost wages and lost earning potential.
- Pain and suffering: This includes physical pain, mental stress, anxiety, depression, or emotional trauma caused by the injury. While harder to measure, this can make up a large part of your settlement.
- Fault and liability: West Virginia follows a modified comparative fault rule. If you are partly responsible for the accident but less than 51%, your settlement may be reduced. For example, if you were 20% at fault, your settlement will be reduced by 20%. If you are more than 50% at fault, you cannot recover any money.
- Insurance policy limits: Sometimes, the amount a person can recover depends on how much insurance coverage is available. If the at-fault person has only a small insurance policy, it may limit how much you can receive, even in a serious case.
It’s important to consult with a qualified personal injury attorney to assess the specifics of your case and maximize your chances of achieving a favorable settlement.
Are There Caps on Personal Injury Settlements in WV?
West Virginia does not cap damages for most personal injury cases. That means there’s no legal limit to how much a person can be awarded for pain and suffering or emotional distress.
However, there are caps in medical malpractice cases: $250,000 for non-economic damages (like pain and suffering) in most cases; $500,000 cap for severe cases that involve permanent injury, disfigurement, or death.
Do You Have a Time Limit to File a Claim?
Yes. In West Virginia, the law gives you two years from the date of the injury to file a personal injury lawsuit. This time limit is called the statute of limitations. If you wait too long, you may lose your right to receive any compensation. That’s why it’s important to act quickly and speak to a lawyer if you’re thinking about filing a claim.
What To Expect From a Settlement Negotiation
Settlement negotiations usually happen between your lawyer and the insurance company. Here’s how the process often works:
- Investigation: Your lawyer gathers facts, medical records, and other evidence.
- Demand letter: Your lawyer sends a letter to the insurance company asking for a specific amount of compensation.
- Negotiation: The insurance company will likely offer less than the amount requested. Your lawyer may go back and forth several times to reach a fair deal.
- Settlement or trial: If both sides agree, the case settles. If not, your lawyer may file a lawsuit and take it to trial.
Most personal injury cases settle without going to court, but having a strong legal team can help make sure the settlement is fair.
Contact the Personal Injury Law Firm of Farmer, Cline & Campbell Personal Injury Lawyers for Help Today
For more information, please contact an experienced personal injury lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990
