This form is an sample general personal injury complaint which requires the insertion of the specific facts of the particular case, cause of action, and remedy sought.
West Virginia General Personal Injury Complaint
State:
Multi-State
Control #:
US-PI-0020
Format:
Word;
Rich Text
Instant download
Description
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How to fill out General Personal Injury Complaint?
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FAQ
In Virginia, generally, the statute of limitations is two years for a personal injury and wrongful death actions.
Under West Virginia's comparative negligence laws, an injury victim who is 50% or less at fault for an accident can recover compensation for their injuries. Their total amount of damages will then be reduced by the percentage that they were to blame for the accident.
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.
Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of the negligence alleged.
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.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
There are many kinds of torts under West Virginia law including negligence, trespass, slander, intentional infliction of emotional distress, assault, and battery. Negligent torts, such as failing to obey traffic rules and thus causing an automobile accident, are perhaps the most common and well-known.
West Virginia is a modified comparative fault state. This means that each person is liable for their degree of fault. If you're in a car accident, for example, and you're found to be 20% at fault, then you are responsible for that 20 percent of damages.