How to File a Personal Injury Claim After a Bus Accident in West Virginia

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Filing a personal injury claim after a bus accident in West Virginia involves steps from medical care to court filing. Below is a detailed overview under West Virginia law.

Detailed Answer

Step 1: Seek Medical Attention and Preserve Records

Obtain prompt medical care, even for minor injuries. Medical records document your injuries and link them to the accident.

Step 2: Identify Responsible Parties

Determine who owns or operates the bus. If it is a public agency (for example, the Mountain Line Transit Authority), special notice rules apply. If it is private, standard tort rules apply.

Step 3: Provide Timely Notice of Claim (Public Bus)

If the bus operator is a state or local agency, you must send written notice within six months under the Governmental Tort Claims Act. See W. Va. Code § 29-12A-5.

Step 4: File Within the Statute of Limitations

Generally, you have two years from the date of the accident to file a personal injury lawsuit under W. Va. Code § 55-2-12. Missing this deadline usually bars your claim.

Step 5: Draft and File the Complaint

Prepare a complaint stating your facts, legal basis (negligence, negligent hiring, etc.), and damages. File the complaint in the circuit court of the county where the accident occurred.

Step 6: Serve the Defendant and Proceed with Discovery

Serve each defendant according to West Virginia Rules of Civil Procedure. Then exchange evidence through interrogatories, requests for production, and depositions.

Step 7: Consider Settlement Negotiations or Trial

Most personal injury claims resolve through settlement. If negotiations fail, prepare for trial by organizing exhibits and witness testimony.

Helpful Hints

  • Document all medical bills, pay stubs for lost wages, and out-of-pocket costs.
  • Take photographs of the accident scene, bus damage, and your injuries.
  • Obtain witness contact information before memories fade.
  • Keep a daily journal of your pain, recovery, and related expenses.
  • Consider hiring an attorney experienced in West Virginia personal injury law.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.