Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.

Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).

Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).

In West Virginia (WV), personal injury law allows individuals who have suffered bodily injuries or emotional distress due to the actions or negligence of another party to seek compensation. These claims fall under the category of tort law, which encompasses wrongful acts that can be intentional, negligent, or subject to strict liability (where fault is assigned without proving negligence). To succeed in a personal injury claim in WV, the injured party (claimant or plaintiff) must establish that the defendant is liable for the injury and that there are actual damages, such as medical expenses, loss of income, or pain and suffering. West Virginia follows a modified comparative negligence rule, which means that a claimant's compensation may be reduced if they are found to be partially at fault for their injuries, and if they are found to be more than 50% at fault, they cannot recover damages. The state also imposes a statute of limitations, typically two years from the date of the injury, for filing personal injury lawsuits. It's important for individuals pursuing personal injury claims in WV to consult with an attorney to navigate these legal requirements and to ensure their rights are protected.