Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under West Virginia law, you can recover travel expenses as part of your special damages in a personal injury action if you incur costs traveling to and from medical appointments. Travel costs include mileage, parking fees, tolls, public transit fares, rideshare or taxi charges, and other reasonable out‐of‐pocket expenses directly related to obtaining medical treatment.
1. Establish Eligibility
West Virginia Code §55-2-6 defines recoverable medical and related expenses. While the statute does not list travel explicitly, courts treat travel expenses as incidental to medical care and therefore recoverable as special damages. Link: W. Va. Code §55-2-6.
2. Track and Document Expenses
- Maintain a mileage log. Record date, purpose, origin, destination, and miles driven for each medical appointment.
- Gather receipts. Keep parking tickets, toll invoices, cab or rideshare receipts, public transit fares and any other travel‐related proofs of payment.
- Use the IRS standard mileage rate. Multiply your total mileage by the IRS rate for the year of travel (e.g., 58.5 cents per mile in 2022) unless you agree on a different rate with opposing counsel.
3. Include Travel in Initial Disclosures
Under West Virginia Rules of Civil Procedure, Rule 26(a)(1), you must disclose your damages early in litigation. Include your travel expense totals and supporting documentation in your initial disclosure or in a written schedule of special damages.
4. Serve a Demand Letter or Settlement Statement
Before filing suit or during settlement negotiations, present your demand letter with a breakdown of medical bills and associated travel costs. Attach a schedule summarizing miles, rates, dates and receipts.
5. Respond During Discovery
During interrogatories and requests for production, be prepared to supply detailed travel logs and receipts. The court may require itemized documentation to verify each expense.
6. Present Evidence at Trial or in Summary Judgment
- Introduce your mileage log, receipts and calculations through witness testimony or affidavit.
- Explain the necessity of each trip: link travel directly to medical treatment ordered by your physician.
- Cite W. Va. Code §55-2-6 as authority for recovering reasonable medical expenses, including travel.
Helpful Hints
- Start tracking travel from day one of treatment; contemporaneous records carry more weight.
- Scan or photograph each receipt immediately to avoid loss or damage.
- Use mapping software (e.g., Google Maps) to verify mileage if questioned.
- Consider a one‐page spreadsheet to summarize total expenses for easy review by counsel or the court.
- Keep your medical provider’s referral or appointment letter to prove the legitimacy of each visit.
- Discuss with your attorney whether other reimbursements (e.g., Medicaid transportation benefits) affect your claim.