Are you a citizen of West Virginia facing a personal injury lawsuit?
Facing a lengthy personal injury lawsuit can be a surprise, leaving you with the risk of facing significant financial strain. Here at Nova Legal Funding, we provide lawsuit funding in West Virginia for residents with a pending personal injury lawsuit.
A large number of plaintiffs facing a personal injury legal battle in West Virginia will require financial assistance for the duration of their case. These lawsuits often require most of an average income, leaving you unable to afford the cost of living with costs like rent or mortgage, food, or medical bills. Many insurance companies will play on this and intentionally prolong the process for as long as they can to try and force plaintiffs to accept a lower fee than they’re entitled to.
Our lawsuit funding gives you the freedom to continue with your daily life for the duration of the legal battle, without having the added financial pressure. West Virginia plaintiffs are not required to pay anything back if they lose the case, so applying for a lawsuit loan is completely risk-free.
You can apply for pre-settlement funding at any time during your lawsuit. At Nova Legal Funding, we’re available to provide fast and simple lawsuit funding, giving you and your attorney the space and time you need to negotiate a settlement.
West Virginia Lawsuit Funding Requirements
Applying for pre-settlement funding in the state of West Virginia is simple. All you need is your name and phone number, and the contact information for your attorney.
- No Credit Necessary – Your credit history will not be inspected by a Nova Legal Funding specialist.
- Hassle-Free Application – The bulk of your application process will take place between Nova Legal Funding and your attorney.
- Risk-Free Cash – You are only required to pay back the funds if you win a settlement. If you lose the lawsuit, you will owe nothing to Nova Legal Funding.
Laws and Regulations of Lawsuit Funding in West Virginia
Important West Virginia Legal Information |
|
|---|---|
| Avg. Funding per case from Nova Legal Funding | $6,765
Nova can fund anywhere from $500 up to $2,500,000 depending on case value. |
| Fault Laws | Modified Comparative Fault – 51% Bar Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault. W. Va. Code § 55-7-13a to § 55-7-13d (effective 5/15/15). Note that this is a new law effective May 25, 2015—the date of its enactment. W. Va. Code § 55-7-13d. For causes of action accruing before May 25, 2015, West Virginia’s old joint and several liability system controls – the 50% bar rule. |
| Statute of Limitations | 2 years Title 55, Ch. 2, Sec. 55-2-12 |
| Minimum policy limits for bodily injury & property damage | $25,000 bodily injury liability per person $50,000 bodily injury liability per accident $25,000 property damage liability per accident $25,000 uninsured motorist coverage per person $50,000 uninsured motorist coverage per accident $25,000 uninsured motorist property damage coverage |
| Minimum UIM auto insurance limits | Liability: 25/50/25 UM BI: 25/50 UMPD: $25,000 |
| Workers compensation eligibility | Eligible |
In West Virginia, the state requires that businesses with three or more employees must hold workers’ compensation insurance. Exceptions to this rule include:
- Churches
- Professional sport employers
- Agriculture employers with five or less employees
- Employers with less than three employees, who all work 10 days or less per quarter
- Employers of domestic servants
- Temporary employees of the state of West Virginia
- Emergency service volunteers
- Longshore and harbor workers
Employers who do not qualify for these exceptions must legally have insurance for workers’ compensation.
You will be ineligible for financial support from Nova Legal Funding if you have already applied for a loan elsewhere for the same case.
West Virginia Personal Injury Law: How Does it Affect Legal Funding?
West Virginia’s judicial system works under a pure comparative fault rule, which means that a plaintiff’s negligence affects the amount of compensation they are owed. As a plaintiff, if you are found to be 10% at fault in an accident where the total damages equal $1,000, you can only recover $900.
Under West Virginia’s statute of limitations, as a claimant, you have two years to bring your case to court after sustaining an injury. If you fail to file the case within this time frame, the courts are unlikely to hear your case, meaning you lose out on any compensation you may have been owed. This countdown typically starts from the date of the accident, however, in rare cases the symptoms may not appear until much later, restarting the time limit. You must hold sufficient evidence to prove that the symptoms appeared at a much later date when you file the case.
West Virginia is a “fault” or “at-fault” state regarding car accidents and insurance. As a plaintiff, this gives you the choice to claim with your own insurer, the insurance company of the driver at fault, or you can file a case in court to prove fault and seek compensation.
Some states enforce caps on the amount you could be owed in damages for personal injury lawsuits. These caps limit non-economic damages (the amount you could get for your pain and suffering) or damages in cases like medical malpractice. West Virginia places a cap of $500,000 on non-economic damages in cases regarding wrongful death and catastrophic injuries. This refers to cases where injuries are permanent and substantial. In other cases, non-economic damages are capped at $250,000, however, you may still be compensated for medical expenses and lost wages.
Notable Personal Injury Lawyers in West Virginia
There are a number of highly-skilled personal injury lawyers based in West Virginia who will be more than happy to take on your case:
Farmer, Cline & Campbell, PLLC
746 Myrtle Rd, Charleston, WV 25314
Woelfel & Woelfel LLP
801 8th St, Huntington, WV 25701
Hamstead Williams & Shook
315 High St, Morgantown, WV 26505
Jan Dils Attorneys at Law
963 Market St, Parkersburg, WV 26101
Fitzsimmons Law Firm PLLC
1609 Warwood Ave, Wheeling, WV 26003
P. Zachary Stewart
3169 Main St, Suite A, Weirton, WV 26062
Car Accident and Fatality Statistics in West Virginia
Official statistics reveal that there were 280 fatal crashes in West Virginia in 2017, leading to 303 deaths caused by car accidents. There are 16.7 deaths per 100,000 people in West Virginia, which is above average compared to the rest of America.
Here at Nova Legal Funding, we offer pre-settlement funding for plaintiffs caught up in a personal injury lawsuit from a car accident in West Virginia. The most common cases we cover are:
- Pedestrian accident
- Car accident
- Tractor trailer accident (truck accident)
- Bus accident
- Bicycle accident
- Motorcycle accident
Get in touch with our team today and let us analyze your case for free, and find out how much lawsuit funding you could be eligible for.
FAQs
How do I know if I qualify for lawsuit funding in West Virginia?
If you’ve suffered a personal injury that wasn’t your fault, you automatically qualify for a pre-settlement loan. If the accident caused you significant injuries and occurred in the state of West Virginia, you are eligible for a quick and free application.
Is it a lawsuit loan or a cash advance?
While it is often referred to as a loan, the funding we offer here at Nova Legal Funding is, in fact, a cash advance against your evental settlement. It’s important to note that this advance is non-recourse, so you are under no obligation to repay the money if you lose the case. We only collect the loan if you win your case, or obtain a settlement.
Does it matter how I spent the lawsuit funding?
Pre-settlement funding offered by Nova Legal Funding is available to those who need financial support while facing a personal injury lawsuit. However, there are no limitations or guidelines in place for how you spend the cash advance. Some plaintiffs in West Virginia use the funding to pay off previous debts, cover the cost of medical bills, make rent or mortgage payments, or simply cover the general cost of living.
Apply For Pre-Settlement Funding in West Virginia Now
At Nova Legal Funding, we have the experience and skills to offer legal funding to your case in West Virginia. Our expert team is available at any time to serve you in the event of a personal injury lawsuit. Get in touch today for a free evaluation of your case and to find out more about the benefits of a lawsuit loan in West Virginia.