What is a Tort Case, and What Does It Involve in West Virginia?

Tort cases in the State of West Virginia occur when individuals bring tort incidents before a state court. A tort is generally considered a civil wrong that results in injury or harm to an individual. Persons who commit tortious actions may incur legal liabilities that require them to compensate the injured party.

The Circuit Court and Magistrate Court are generally responsible for handling court cases in the state. The Magistrate Court's jurisdiction covers cases with claims of less than $10000, while the Circuit Court handles disputes involving amounts over $2500.

Records that are considered public may be accessible from some third-party websites. These sites expedite the record search process by enabling inquirers to lookup multiple records across multiple jurisdictions per query. To use these search engines, interested parties are expected to provide the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Since private companies manage third-party sites, record availability, accuracy, and validity may not be guaranteed.

What is West Virginia Tort Law?

Tort law in West Virginia guides the procedures for different tort cases. Typically, tort law is contained in Chapter 55, Article 7, and Article 12A of the West Virginia Code. The Governmental Tort Claims and Insurance Reform Act guides the process of filing claims against government entities.

For personal injury cases, the state tort law gives a time limit of two years (from the injury occurrence) for interested persons to file a lawsuit.

Under Chapter 55–7–13a, claimants may not recover damages for torts fully or partially if the comparative fault is established to show that they contributed to the negligent action. They may also not recover any damages if they are responsible for more than 50% of the fault.

There is a limit to monetary damages a claimant may recover in the state. Persons may receive maximum non-economic damage of $500,000 in tort cases involving wrongful death or severe and permanent bodily injuries. Recoveries for other torts, such as medical malpractice, are usually capped at $250,000.

What Kinds of Cases are Covered by Tort Law in West Virginia?

In West Virginia, tort law typically covers the following issues:

• Discrimination
• Disputes arising from financial fraud
• Physical injuries and wrongful deaths
• Misrepresentation
• Defamation
• Professional Malpractice
• Infliction of emotional distress claims
• Product liability
• Strict liability

What are the Differences Between Criminal Law and Tort Law in West Virginia?

The West Virginia Criminal Code covers criminal law concerning criminal offenses and the punishments they attract. However, tort law involves the rules that are followed in civil matters on tort case proceedings.

The government brings criminal charges to court against persons who commit crimes, while tort cases are initiated by individuals who suffer injuries due to a civil wrong. If the court finds a defendant guilty in a criminal case, the defendant usually faces a jail sentence. Imprisonment is typically not a punishment that defendants face in tort cases.

While crimes are mostly deliberate wrongdoings, torts are usually unintentional and may occur due to negligence or recklessness.

Criminal law hardly considers the victim’s fault in the offense, compared with tort cases where defendants can use the plaintiff’s contributory negligence as a form of defense. Also, many offenses under criminal law (such as gambling or controlled substance abuse) are victimless crimes. Tort cases typically occur when a victim suffers from a civil wrong.

What is the Purpose of Tort Law in West Virginia?

The purpose of tort law in West Virginia is generally to ensure that the plaintiff receives damages as compensation for any harm they suffered following a civil wrong. It also provides a way to hold defendants who commit civil wrongs liable, to serve as a deterrence for future torts.

What is a Tort Claim in West Virginia?

Interested persons may file a tort claim in West Virginia to receive monetary damages as compensation for the injuries sustained, following a civil violation done by another party. Tort claims may arise as a result of negligence, car accidents, medical malpractice, and the like. Tort claims may be filed against individuals, businesses, or government agencies. However, claimants should be aware that the process for tort claims against the government generally differs from that against individuals.

How Do You File a Tort Claim in West Virginia?

Interested individuals may bring tort claims in West Virginia at the Magistrate Court or Circuit Court located in the county where the defendant resides or where the incident happened.

However, claims against the state are brought before the WV Legislative Claims Commission (Court of Claims). The Clerk of Court or the commission provides claimants with the Notice of Claim form. The plaintiffs are typically required to complete the form with details of the claim and a statement to show that they are entitled to compensation. The defendants receive a copy of the court paper, and if they wish to file an Answer, they should do so within twenty days of receipt. The law also permits defendants to file counterclaims or cross-claims. Upon the successful filing of a tort claim, a court hearing occurs.

What Does a Tort Claim Contain in West Virginia?

Features of a tort claim in West Virginia usually include the following:

• Name and address of the individual filing a tort claim
• Respondent state agency (if any)
• Name and address of the claimant’s attorney
• The amount claimed in dollars
• Facts of the claim which includes the location, time, date, and circumstances of the incident
• Signature of the claimant

What Happens after a Tort Claim is Filed in West Virginia?

Upon the filing of a tort claim in West Virginia, the court or claims commission holds a hearing to decide on the settlement of the case. The claims commission may also carry out investigations for claims against the state. If the plaintiff’s claim is approved, the court or commission may proceed to award damages.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

In West Virginia, it is not mandatory to get a personal injury lawyer for a tort claim. However, parties filing a tort claim may hire a lawyer to assist them during the process. Personal injury lawyers may also represent plaintiffs or defendants in claims hearings and negotiate a settlement with the opposing party.

How Can I Find a Personal Injury Lawyer Near Me?

The West Virginia Bar Lawyer Referral Service is a public resource that connects individuals to lawyers with experience in different legal matters, including personal injury cases. Interested persons may use the search tool to find personal injury lawyers in their city or county of residence.