Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change and every case is different. Consult a licensed West Virginia attorney to discuss your specific situation.
Overview
If you suffered an assault in West Virginia and want to pursue money damages, you are starting a civil personal-injury claim against the person (or entity) responsible. A civil claim is separate from any criminal prosecution. This article explains the typical steps, key deadlines, evidence to collect, where to file, and what to expect in West Virginia.
Immediate steps after an assault (what to do first)
- Get medical care now. Seek emergency care for any injuries and keep records and bills.
- Preserve physical evidence. Save clothing, photos of injuries, torn items, or weapons used.
- Document the scene. Take time-stamped photos, write down what happened while it’s fresh, and list witness names and contact information.
- File a police report. A report helps preserve facts and supports your civil claim, though it is not required to sue.
- Limit social media posts. Do not post detailed descriptions or photos that could be used against you in court.
Key legal concepts you should know
- Two different tracks: criminal vs. civil. The state can criminally prosecute the alleged attacker. You can still sue civilly even if prosecutors decline charges, or even if the defendant is acquitted, because the criminal and civil burdens of proof differ.
- Burden of proof. In civil cases you must prove your claim by a preponderance of the evidence (more likely than not).
- Possible legal theories. Common civil claims after an assault include battery (harmful or offensive contact), assault (causing reasonable fear of imminent harmful contact), and negligence if the harm resulted from careless conduct. Employer or property-owner liability may apply in some cases.
- Types of damages. Recoverable items typically include medical expenses, lost wages, pain and suffering, emotional distress, and in some intentional cases, punitive damages.
Important deadline: statute of limitations in West Virginia
West Virginia limits the time to start most personal injury actions. For injuries to the person (including assault or battery claims), the statute of limitations is short—generally two years from the date of the injury. See West Virginia Code §55-2-12 for the applicable rule and exceptions: https://code.wvlegislature.gov/55-2-12/. Missing the deadline can bar your case, so act promptly.
Where to file your lawsuit
Most civil personal-injury lawsuits are filed in the Circuit Court for the county where the assault occurred or where the defendant lives. For very small claims or limited-dollar cases, Magistrate Courts may handle certain civil suits. For general information about West Virginia courts see:
- Circuit Courts: https://www.courtswv.gov/circuit-courts/
- Magistrate Courts (small claims and lower-dollar matters): https://www.courtswv.gov/magistrate-courts/
Basic step-by-step civil procedure
- Consult an attorney: an initial consultation can clarify claims, likely damages, deadlines, and options (settlement vs. litigation).
- Pre-suit preparation: gather medical records, bills, photos, witness statements, and police reports. Preserve evidence and document lost income.
- Demand and negotiation: attorneys commonly send a demand letter to the defendant or their insurance company to begin settlement talks.
- Filing the complaint: if no acceptable settlement, file a civil complaint in the proper court. The complaint states facts, legal claims, and the relief sought.
- Service of process: the defendant must be formally served with the complaint and summons under West Virginia procedure.
- Discovery: both sides exchange evidence through interrogatories, document requests, and depositions. This phase builds each side’s case.
- Pretrial motions and settlement talks: many cases settle before trial. Motions can narrow or dismiss claims before trial.
- Trial: if no settlement, the case proceeds to trial where a judge or jury decides liability and damages.
- Collection: winning a judgment is one step; collecting payment may require post-judgment procedures (garnishment, liens, etc.).
What you must prove (general guidance)
The precise legal elements depend on the claim (assault, battery, negligence). Generally, you should be ready to show:
- Who the defendant is and how they caused your injury;
- That you suffered actual injury or harm;
- Evidence linking injuries to the defendant’s actions (medical records, photos, witnesses); and
- For intentional torts, that the defendant acted intentionally or recklessly.
Costs, fees, and practical considerations
- Contingency fees are common in personal injury cases. That means the attorney is paid a percentage of any recovery. Confirm fees and costs in writing.
- There are court filing fees and costs for expert witnesses and depositions. Your attorney should explain anticipated expenses.
- Insurance: many assailants are uninsured, or the incident involves poor collectability. An attorney can evaluate likely recovery options, including insurance or claims against employers or property owners.
When to talk to a lawyer
Contact a West Virginia personal-injury attorney as soon as possible if:
- Your injuries required medical care;
- The assault caused lost wages or long-term harm;
- Multiple possible defendants (employer, property owner) might share liability; or
- You are unsure how to preserve evidence or how the statute of limitations applies.
Helpful links to West Virginia resources
- West Virginia Code §55-2-12 (limitations for personal-injury actions): https://code.wvlegislature.gov/55-2-12/
- West Virginia Circuit Courts information: https://www.courtswv.gov/circuit-courts/
- West Virginia Magistrate Courts information: https://www.courtswv.gov/magistrate-courts/
- West Virginia court rules and procedures overview: https://www.courtswv.gov/legal-community/court-rules/
Helpful Hints
- Act quickly. The two-year limitation often applies—don’t wait to consult an attorney.
- Prioritize health: treating injuries documents your claim and protects you medically.
- Collect third-party evidence: independent witness statements are very persuasive.
- Keep a damage file: medical bills, receipts, emails, and a daily symptom diary.
- Do not discuss the case publicly or post details on social media.
- Ask about fee structure up front. If an attorney works on contingency, get the agreement in writing.
- If a criminal case is pending, coordinate with prosecutors but remember the civil case is yours to pursue separately.
If you want, provide a short description of what happened (no private medical or financial data) and I can outline the likely legal steps and documents you should bring to an attorney consultation.