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Under the multiplier method, a court calculates pain and suffering damages by multiplying economic damages (medical bills, lost wages, etc.) by a number between one and five to arrive at pain and suffering damages. The value of the multiplier depends on the degree of your pain and suffering.
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.
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.
There are two parts to a personal injury compensation settlement: General Damages ? to compensate you for your injury and for your pain and suffering. Special Damages ? to compensate you for any expenses you've incurred, loss of earnings, and your future care needs.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
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.