Explore actual injury payouts made to West Virginia car accident victims. Look for cases similar to yours.

On average, more than 900 people are seriously injured and 280 people are killed in West Virginia vehicle accidents each year.¹ If you or a loved one are injured in an accident, you have the right to seek compensation from the at-fault driver and other liable parties.

The average car accident settlement in West Virginia for a moderate injury claim is $48,375. Average payouts range from $7,380 for minor injuries to $431,712 for severe injuries.

Average West Virginia Car Accident Settlement Amounts

We analyzed a group of lawsuits in West Virginia filed by plaintiffs injured in car accidents. Most lawsuits were against the at-fault driver. Some cases involved other parties, like the driver’s employer. All lawsuits resulted in a payout to the victim from a jury verdict or pre-trial settlement.

Average Payout by Severity of Injury
Minor Injury	$7,380
Moderate Injury	$48,375
Severe Injury	$431,712
Payout Range by Severity of Injury
Minor Injury	$2,545 - $10,800
Moderate Injury	$13,500 - $91,000
Severe Injury	$100,000 - $3,475,000

Types of Motor Vehicle Accidents

Side-impact collisions are the most common type of traffic accident nationwide, followed by rear-end collisions.²

Average Side-Impact Collision Settlements
Minor Injury	$5,656
Moderate Injury	$45,000
Severe Injury	$413,125
Average Rear-End Accident Settlements
Minor Injury	$8,805
Moderate Injury	$48,850
Severe Injury	$434,302

Types of Car Accident Injuries

Neck and back injuries are the most common type of injuries in all kinds of motor vehicle accidents, followed by head injuries.

Seriously injured victims often sustain more than one type of injury. Settlements and court awards are meant to compensate for all of the victim’s damages, including the pain and suffering arising from physical injuries.

Average Neck and Back Injury Settlements
Minor Injury	$8,225
Moderate Injury	$48,781
Severe Injury	$450,727
Average Head Injury Settlements
Minor Injury	$9,423
Moderate Injury	$35,760
Severe Injury	$309,750

How Car Accident Settlements Are Calculated

Insurance adjusters and attorneys usually base the value of an injury claim on the severity of the victim’s injuries. A good injury settlement covers medical costs, out-of-pocket expenses, replacement services, lost wages, and some financial consideration for the victim’s pain and suffering.

West Virginia is a traditional fault or “tort” state, meaning you have the right to demand compensation from the at-fault driver and other parties who may be liable for your injuries.

In most cases, you’ll start by filing an injury claim with the at-fault driver’s auto insurance company. In West Virginia, you can seek full compensation for all your damages, even for minor injuries.

Estimating a Payout for Minor Injuries

An easy way to estimate a fair payout for a minor to moderate injury claim is the “multiple method.”

Begin by adding up your economic damages, such as medical bills, lost income, and out-of-pocket costs for medical supplies and replacement services. Then add one to three times the total of your economic damages to account for your non-economic damages, commonly called pain and suffering.

A multiple of one is reasonable if you spent a few days on the couch with a heating pad on your back. A multiple of two or three is justified if your injuries disrupted your life for several weeks or months. For example, if a broken leg kept you from work and made you miss your annual hunting trip.

Insurance companies are only obligated to pay reasonable medical expenses. Beware of “accident doctors” who might pad your medical costs with unnecessary tests and treatments. The padded costs won’t increase your claim value, and you could be on the hook for any medical bills the insurance company won’t pay.  

Severe injury claims should be handled by an experienced personal injury attorney to make sure you get a fair payout. Your attorney will protect you from accusations of shared fault, and collect evidence to support your claim for past and future medical costs, lost income, and the intense pain and suffering that comes with serious physical injuries.

Other factors that affect injury payouts in West Virginia:

• Shared Fault – West Virginia is a modified comparative fault state, also called the 51 percent rule. This rule means you can seek compensation from the other party so long as you are not more to blame than they are. Your payout will be reduced by your percentage of shared fault.
• Auto Policy Limits – West Virginia is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
• Multiple Claimants – When more than one person is injured in the same crash, there might not be enough liability insurance to fully compensate all the victims.
• Uninsured/Underinsured Motorist Coverage – West Virginia drivers must have uninsured motorist (UM) coverage equal to the minimum required liability coverage. Insurance companies are obligated to offer underinsured motorist (UIM) and higher levels of UM coverage, but policyholders have the right to waive the optional coverages.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers, coal  trucks, and delivery vehicles carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – West Virginia limits punitive damage awards to four times the amount of compensatory damages awarded, or $500,000, whichever is higher.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are typically soft-tissue injuries like cuts, bruises, and muscle or tendon sprains and strains. Being stiff and sore might keep you out of work for a few days. Most minor injury victims are fully healed within a month.

Defendant Challenged Long Break in Treatment

Type of Injury: Neck, lower back, upper back and right shoulder injuries
Type of Accident: Side-impact
Award/Settlement Amount: $2,545
Case Summary: Defendant was traveling east in moderate traffic. She made a left turn on a green light in front of plaintiff’s oncoming vehicle, resulting in a collision. Defendant subsequently plead guilty to a charge of failing to yield the right-of-way. Plaintiff presented to a physician two weeks post-accident with complaints of injury to his neck, lower back, upper back and right shoulder. X-rays revealed degenerative arthritis at several levels of the cervical spine. Plaintiff underwent physical therapy on one occasion and 33 months thereafter followed-up with 40 physical therapy sessions. Defendant contended that plaintiff had a preexisting degenerative condition and that only the treatment received before the 33 month break in treatment was proximately related to the accident. Plaintiff received $2,545 in a Jury verdict.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Bragg v. R & J Trucking, 04-C-35

Plaintiff with Preexisting Neck and Back Disability

Type of Injury: Torn right rotator cuff in shoulder.
Type of Accident: Rear-end
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was a passenger in a vehicle driven by her husband. They were stopped in traffic near an intersection. Defendant drove up behind them, didn’t notice that they were stopped, and rear-ended their vehicle. Plaintiff was wearing a seatbelt, but when she was thrown forward she put out her arm and it struck the dash. She suffered a torn right rotator cuff in shoulder. Plaintiff’s husband was not injured. Plaintiff received a directed verdict on the issue of liability and the trial proceeded on the issue of damages. Defendant contended that plaintiff’s problems were a result of age, which exacerbated her pre-existing upper back, spinal, and shoulder problems for which she had to retire on disability 7-8 years prior to the accident. Jury awarded plaintiff $3,000.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Roth v. Energy Specialities, LLC, 11-C-394

Pedestrian with Stress and Depression Prior to Accident

Type of Injury: Soft tissue neck and knee injuries; post-traumatic stress disorder and loss of sleep
Type of Accident: Pedestrian
Award/Settlement Amount: $4,000
Case Summary: Defendant was driving through a residential area where plaintiff lived. Plaintiff was outside painting his mailbox. As he neared plaintiff, defendant spilled a soda and was momentarily distracted. Defendant’s vehicle drifted to the side of the road and struck plaintiff, throwing him onto the hood of the vehicle and then onto the ground. Plaintiff claimed that he suffered soft tissue neck and knee injuries, post-traumatic stress disorder and sleep disturbances as a direct result of the collision. Defendant contended that plaintiff’s injuries were minimal and that plaintiff had had episodes of stress and depression prior to the accident. Jury returned a plaintiff verdict in the amount of $4,000.
Location: Ohio County, West Virginia
Case Name and Docket Number: Goehreg v. Mills Transfer, 98-C-149

Motorcycle Crash Injury Settled Before Trial

Type of Injury: Generalized soft tissue injuries, cuts, bruises and abrasions
Type of Accident: Side-impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was riding west on a motorcycle. Defendant was driving east. Plaintiff did not see defendant’s on-coming vehicle and made a left turn into a parking lot. As plaintiff entered the parking ramp, defendant struck the rear-wheel of plaintiff’s motorcycle. Plaintiff claimed he suffered soft tissue injuries, cuts, bruises and abrasions. Defendant contended that he was proceeding at a reasonable speed and that he could not avoid striking plaintiff’s motorcycle. Further, plaintiff was negligent and assumed the risk of injury in turning into the path of his oncoming vehicle. The case settled for $5,000 prior to trial.
Location: Marion County, West Virginia
Case Name and Docket Number: Stibler v. Culver Horse Transport, 02-C-92

Jury Swayed by Contradictory Defendant Testimony

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $8,500
Case Summary: Defendant 1, an employee of Defendant 2, rear-ended plaintiff’s vehicle, resulting in $132 in property damage to plaintiff’s rear bumper. Plaintiff subsequently treated with a chiropractor, incurring $ 4,200 in medical bills. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff said that she suffered soft tissue neck and back injuries in the collision, necessitating chiropractic treatment. Defendants contended that: defendant employee did not strike plaintiff’s vehicle; the property damage to plaintiff’s vehicle was proximately related to a prior accident; and plaintiff over-treated. Jury awarded plaintiff $8,500. Per counsel, contradictory testimony by defendant driver and unrebutted testimony by plaintiff’s expert significantly impacted the outcome.
Location: Wetzel County, West Virginia
Case Name and Docket Number: Miller v. Delmar, 7-C-68M

Employer Denied Signing Plaintiff’s Lost Wages Letter

Type of Injury: Sprain/strain of neck and back; laceration and contusion to knee; mild closed head injury with residual headaches and dizziness; loss of tooth; wrist injury
Type of Accident: Side-impact
Award/Settlement Amount: $9,423
Case Summary: Plaintiff and defendant were driving on intersecting streets. As plaintiff attempted to make a turn at the intersection, defendant ran a red light and struck plaintiff’s vehicle head-on, resulting in severe property damage. Defendant was intoxicated and traveling 45 m.p.h. at the time of the accident. Plaintiff claimed he suffered sprain/strain of neck and back, laceration and contusion to knee, mild closed head injury among other injuries. Defendant admitted liability, but contended that plaintiff’s injuries had fully resolved. Jury awarded plaintiff $ 9,423. Per counsel, plaintiff submitted a letter allegedly signed by her employer to defendant’s insurer stating that she had missed time from work due to her injuries. The employer denied that the letter contained his signature which significantly affected the outcome.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Ellis v. Hare, Jr, 09C91; 08C297

Myofascial Pain from Rear-End Collision

Type of Injury: Soft tissue neck injuries with myofascial pain
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was stopped waiting for traffic to clear, intending to make a left turn. Defendant rear-ended plaintiff’s vehicle, resulting in more than $ 1,000 in property damage. Plaintiff had treated with a chiropractor before the accident for allergies. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he suffered soft tissue neck injuries and myofascial pain as a direct result of the accident. Defendant contended that: plaintiff merely suffered soft tissue injuries; plaintiff was exaggerating the extent of his injuries and damages; and plaintiff’s treatment was excessive. Plaintiff received $ 10,000 in a jury verdict.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Corner v. Lee, 06-C-267

Plaintiff Tested Positive for Alcohol and Cocaine

Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was traveling on an exit ramp. Defendant rear-ended plaintiff’s vehicle. Plaintiff was transported to the hospital and admitted overnight for observation. While plaintiff was in the hospital, a test revealed that he had a blood alcohol level of .14. He also tested positive for cocaine. Plaintiff’s objection to the introduction of this evidence at trial was sustained by the Court. Plaintiff claimed that he suffered continuing back pain due to the injuries he sustained in the accident. Defendant however contended that plaintiff suddenly changed lanes in front of his vehicle, resulting in a collision, and that plaintiff was malingering and promoting his injuries. Jury found for plaintiff in the amount of $10,000.
Location: Grant County, West Virginia
Case Name and Docket Number: Mallow v. Groundbreakers, Inc, 08-C-86

Failure to Disclose Prior Back Problems Affected Payout

Type of Injury: Aggravation of preexisting lumbar disc injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,532
Case Summary: Plaintiff was stopped in traffic when defendant rear-ended his truck. Defendant’s vehicle sustained extensive property damage but plaintiff’s truck sustained no damage. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff contended that he suffered aggravation of his pre existing lumbar disc injury as a direct result of the collision. Defendant contended that: plaintiff’s pre existing injury was not aggravated by the accident as evidenced by the lack of property damage to plaintiff’s vehicle; and plaintiff was exaggerating the extent of his injuries. Jury awarded plaintiff $ 10,532. Per plaintiff’s counsel, the fact that plaintiff had undergone the same treatment and had the same diagnosis one year prior to the accident but failed to disclose this information to his treating physician significantly impacted the outcome.
Location: Harrison County, West Virginia
Case Name and Docket Number: Watson v. Bestway Trucking Inc, 99-C-2

Settlement for Soft Tissue Neck Injuries

Type of Injury: Soft tissue neck injuries and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $10,800
Case Summary: Plaintiff was stopped at a yield sign when her automobile was rear-ended by a vehicle operated by defendant. Defendant was traveling 25 m.p.h. at the time of the accident. Plaintiff was treated in the emergency room two days post-accident and underwent physical therapy for four weeks. She claimed soft tissue neck injuries and headaches. Defendant’s insurance carrier settled with plaintiff in the amount of $ 10,800.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Clemins v. Mitchem, 07-C-211-M

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft-tissue injuries, uncomplicated fractures, slipped or herniated discs, whiplash, and concussions. You might be out of work for weeks or months as your injuries heal. Some victims are left with residual effects from moderate injuries.

Pedestrian Hit in Parking Lot Suffers Torn Knee Ligament

Type of Injury: Torn anterior cruciate ligament in the knee.
Type of Accident: Pedestrian
Award/Settlement Amount: $13,500
Case Summary: Plaintiff was walking across a parking lot when she was struck by a rental vehicle operated by defendant. Plaintiff alleged that defendant was negligent in driving at an excessive rate of speed in the parking lot and in failing to maintain proper control of his vehicle. Plaintiff sustained a torn anterior cruciate ligament in the knee. Defendant contended that: the rental vehicle accelerated unexpectedly, creating a sudden emergency; he was unable to control the vehicle; and the accident was unavoidable. Jury awarded plaintiff $ 13,500 in compensatory damages.
Location: Randolph County, West Virginia
Case Name and Docket Number: Moore v. Davis, 00-C-258

Student Driver Liable for T-Bone Collision

Type of Injury: Soft tissue neck and back injuries; permanent fibromyalgia.
Type of Accident: Side-impact
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was stopped in traffic at a red light when defendant “T-boned” her automobile. Defendant, a student driver, had changed multiple lanes prior to striking plaintiff’s vehicle. Plaintiff claimed she suffered soft tissue neck and back injuries and permanent fibromyalgia as a direct result of the collision. Defendant contended that: plaintiff had been involved in a prior accident with similar injuries; and plaintiff’s injuries were not proximately related to the accident. The Court struck defendant’s evidence and entered a directed verdict for plaintiff on the issue of liability. Jury subsequently awarded plaintiff $ 15,000. Per plaintiff’s counsel, plaintiff’s prior injuries and failure to undergo follow-up treatment significantly impacted the outcome.
Location: Ohio County, West Virginia
Case Name and Docket Number: Witchey v. Butler, 00-C-1619-W

Defendant Blames Crash on Glare From Construction Lights

Type of Injury: Neck strain; Headaches
Type of Accident: Rear-end
Award/Settlement Amount: $27,500
Case Summary: Plaintiff was a front seat passenger in a vehicle operated by her husband traveling on a ramp leading from Street1 to Street2. Plaintiff’s husband stopped before merging. Defendant observed the stopped vehicle and subsequently assumed that the vehicle had merged into traffic, accelerated and rear-end plaintiff’s vehicle. Defendant’s automobile sustained no visible damage and plaintiff’s vehicle sustained moderate damage to the rear bumper. Plaintiff claimed she suffered cervical soft tissue injury (neck strain) and headaches requiring trigger point injections, aggressive osteopathic manipulation and physical therapy. Defendant contended that: glare of construction lights interfered with his vision; plaintiff’s complaints were unsupported by objective findings; and plaintiff’s injuries should have fully resolved within three to six weeks. Jury awarded plaintiff $27,500.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Demarinis v. Comcast, 12-C-78

Doctor Testifies Plaintiff Had Similar Complaint Before Accident

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $39,750
Case Summary: Plaintiff was operating his vehicle when he was rear-ended by Defendant. Plaintiff claimed he suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that the accident occurred as the result of a phantom driver who forced her into plaintiff’s lane. The Jury ruled in favor of plaintiff, awarding him $39,750. Per plaintiff’s counsel, the doctor’s testimony that plaintiff had similar complaints prior to the accident affected the amount of damages awarded.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Moss v. Fernandes, 01-C-2200

Reckless Driver Liable for Neck and Shoulder Injuries

Type of Injury: Soft tissue injury to neck and shoulder in C5-C7 area
Type of Accident: Side-impact
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was traveling north at 6:00 p.m. Defendant pulled out of a driveway, crossed the southbound lanes of traffic, and collided with plaintiff’s vehicle. The front left of plaintiff’s vehicle struck the front right of defendant’s vehicle. Plaintiff claimed that defendant failed to yield the right-of-way and operated his vehicle in a reckless and dangerous manner. Plaintiff further stated that he suffered soft tissue injury to neck and shoulder in C5-C7 area as a direct result of this accident. Defendant contended that plaintiff was contributorily negligent in failing to keep a proper lookout. Jury found for plaintiff and awarded him $40,000.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Morford v. Tarnay, 99-C-414

Jury Award for Herniated Lumbar Disc

Type of Injury: Herniated disc in back at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $45,000
Case Summary: Plaintiff stopped her vehicle at an intersection and defendant rear-ended her. She suffered a herniated disc at L5-S1, but refused surgery. Plaintiff had a prior history of several low back injuries. She also had a full-term pregnancy during her period of disability. Plaintiff argued that defendant was negligent in failing to control his vehicle and in rear-ending her vehicle. Defendant contended that plaintiff came to a sudden stop in the intersection and that he was unable to stop in time to avoid a collision. Jury ruled in favor of plaintiff, awarding her $45,000.
Location: Ohio County, West Virginia
Case Name and Docket Number: Weddle v. Reed, 96C64

Cervical Strain, Carpal Tunnel, and PTSD from Crash

Type of Injury: Cervical strain in neck; Carpal tunnel syndrome in her right hand; post-traumatic stress disorder
Type of Accident: Rear-end
Award/Settlement Amount: $62,000
Case Summary: Defendant rear-ended plaintiff’s vehicle at a red light. Plaintiff suffered chronic cervical strain and symptoms of carpal tunnel syndrome in her right hand. She was subsequently diagnosed with depression/post-traumatic stress disorder secondary to the auto accident. Defendant contended that: plaintiff was contributorily negligent; plaintiff was exaggerating the extent of her injuries; and plaintiff’s psychological injuries were not proximately related to the accident. The jury found in favor of plaintiff and awarded her $62,000.
Location: Monongalia County
Case Name and Docket Number: Shephard v. Hamilton, 07-C-788

Passenger Suffered Neck and Back Strain, Ruptured Spleen

Type of Injury: Neck and back strain, headaches, dizziness and delayed spleen rupture
Type of Accident: Rear-end
Award/Settlement Amount: $70,000
Case Summary: Plaintiff was asleep in the rear seat of a vehicle stopped at a traffic light. Defendant rear-ended the plaintiff’s host vehicle. Plaintiff said he suffered neck and back strain, headaches, dizziness and delayed spleen rupture. He claimed $ 21,393 in medical specials and $ 2,212 in lost income. Defendant contended that he intended to move from the left lane to the right lane as he approached the intersection and that a vehicle which approached very quickly alongside of him prevented him from changing lanes. Defendant further contended that it was raining at the time of the accident and that he was unable to stop due to the slick roadway. Parties subsequently settled for $70,000.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Shaw v. Ferrera, 08-C-83

Plaintiff Suffers Multiple Fractures from Side-Impact Collision

Type of Injury: Fractured right wrist, left hand, left foot and ribs
Type of Accident: Side-impact
Award/Settlement Amount: $80,000
Case Summary: Defendant attempted to make a left turn across plaintiff’s lane of travel and plaintiff struck defendant’s vehicle. Plaintiff suffered numerous injuries, including fractured right wrist, left hand, left foot and ribs. Plaintiff had injured the same leg and foot in a previous unrelated accident. Defendant was charged with failing to yield the right-of-way at the scene of the accident. Defendant contended that the accident was unavoidable and that plaintiff’s injuries were pre-existing and not proximately related to this collision. Plaintiff received $80,000 in a jury verdict.
Location: Cabell County, West Virginia
Case Name and Docket Number: Parker v. Glenn, 00-C-0051

Fractured Kneecap, Back Strain in Head-On Collision

Type of Injury: Back injury-lumbar strain; Left knee Injury- fractured patella
Type of Accident: Head-on
Award/Settlement Amount: $91,000
Case Summary: Defendant was driving the third vehicle in a line of vehicles. The first vehicle made a left turn. The second vehicle slowed or stopped and defendant struck this vehicle, pushing it into oncoming traffic where it struck plaintiff’s vehicle head-on. The driver of the second vehicle was initially named a defendant, but was dismissed several months prior to trial. Plaintiff claimed she suffered lumbar strain and a fractured patella in her left knee. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff had tendered her resignation prior to the accident and, therefore, her lost income only ran from the day of the accident to the day she would have resigned. Jury returned a plaintiff verdict in the amount of $91,000.
Location: Raleigh County, West Virginia
Case Name and Docket Number: Maroney v. Maroney, 94-C-427-A

Severe Injury Case Examples

Severe car accident injuries can leave the victim with permanent disability or disfigurement. Victims of severe accidents can suffer multiple injuries, such as traumatic brain injuries, multiple fractures, back and joint injuries, and internal injuries. Many severe injury victims are unable to resume pre-accident activities or employment.

Drunk Driver Liable for Plaintiff’s Brain Trauma

Type of Injury: Herniated lumbar disc in back; mild brain trauma resulting in cognitive impairment
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her automobile, resulting in significant property damage. Defendant was intoxicated at the time of the accident. Plaintiff alleged that defendant was negligent in traveling in excess of the posted speed limit and in driving while intoxicated. Plaintiff further stated that she suffered a herniated/bulging lumbar disc and mild brain trauma as a direct result of the collision. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of her injuries and damages. Jury awarded plaintiff $100,000. Per Plaintiff’s Counsel, Defendant’s blood alcohol content exceeded the statutory limit, entitling plaintiff to punitive damages. However, blood test evidence from a private lab was excluded because the evidence was destroyed in transit and could not be analysed.
Location: Grant County, West Virginia
Case Name and Docket Number: Mallow v. Ground Breakers Inc, 08-C-86

Lacerated Spleen and Torn Bowel from Broadside Collision

Type of Injury: Lacerated spleen and a torn bowel
Type of Accident: Side-impact
Award/Settlement Amount: $183,500
Case Summary: Plaintiff was making a left turn on a green arrow at an intersection. Defendant disregarded a red light and broadsided the driver’s side of plaintiff’s vehicle at a speed of 45 m.p.h. Plaintiff suffered a lacerated spleen and a torn bowel. Following three days of hospitalization in intensive care, plaintiff developed a high temperature due to infection. She stayed in the hospital an additional four days. During this time she experienced itching and discomfort in her feet. This progressively worsened until four months post-accident plaintiff had severe itching, swelling and pain in her feet, ankles, knees, wrists, hands and fingers. She was diagnosed with psoriatic arthritis. Defendant contended there was no connection between the accident and plaintiff’s arthritis. The case settled for $ 183,500 prior to trial.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Davis v. Mts Transportation Inc, 99-C-185

Neck, Shoulder Injuries, and Post-Traumatic Concussion

Type of Injury: Soft tissue neck, shoulder and low back injuries; post-traumatic concussion with residual dizziness and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $189,750
Case Summary: Plaintiff and defendant were traveling in the same direction on a state highway. Defendant accidentally depressed the accelerator instead of the brake pedal and rear-ended a third party’s vehicle, forcing it into plaintiff’s vehicle. Property damage was extensive. The impact caused plaintiff to strike the steering wheel, resulting in numerous injuries including soft tissue neck, shoulder and low back injuries, post-traumatic concussion with residual dizziness and headaches. Plaintiff contended that her injuries made it impossible for her to continue working as a nurse’s aide. Defendant admitted liability, but contended that plaintiff’s chiropractic care was too intensive and too extensive. Jury awarded plaintiff $189,750. Per counsel, the jury believed plaintiff was injured in the collision and that her treatment was appropriate.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Stafford Ems v. Jb Hunt Transport, 2:02-0866

Motorcyclist Suffers Closed Head Injury in Crash

Type of Injury: Closed head injury; Nerve damage to left elbow
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was operating a motorcycle near an intersection. Defendant was driving an automobile north. Defendant stopped at a stop sign, proceeded into the intersection, and struck plaintiff’s motorcycle. Plaintiff suffered a closed head injury and nerve damage to his left elbow. Defendant contended that he slowly pulled into the intersection because he thought the plaintiff was going to stop. Case settled for $200,000 prior to trial.
Location: Jefferson County, West Virginia
Case Name and Docket Number: Jackson v. Penn National Gaming, 01-C-321

Head-On Crash Victim with Traumatic Brain Injury

Type of Injury: Traumatic brain injury
Type of Accident: Head-on
Award/Settlement Amount: $290,000
Case Summary: Plaintiff was traveling north. Defendant was driving his vehicle in the opposite direction. He crossed a double yellow line to pass a car in front of him and struck plaintiff’s vehicle head-on. Plaintiff claimed he suffered a traumatic brain injury in the collision. Defendant did not admit liability, but he did not vigorously contest it. According to plaintiff’s attorney, defendant remained unavailable to his counsel for many months prior to the trial date. Jury found for plaintiff in the amount of $290,000.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Kominar v. Williamson, 99-C-274

Street Racers Liable for Plaintiff’s Cervical, Lumbar Injuries

Type of Injury: Cervical fibro myositis in neck; low back pain; post-traumatic headaches.
Type of Accident: Side-impact
Award/Settlement Amount: $500,000
Case Summary: Defendant and his brother were racing their cars on a residential street. Plaintiff was attempting to exit her parked car when defendant lost control of his vehicle and struck plaintiff’s vehicle on the passenger’s side, injuring her. Plaintiff said she suffered cervical fibromyositis in neck, low back pain and post-traumatic headaches as a direct result of the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff over-treated. Jury found for plaintiff in the amount of $ 500,000. Per counsel, the fact that defendant was racing his brother on a residential street and was charged with reckless driving significantly impacted the outcome.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Bowling v. C.W. Electric, Inc., 13-C-152

Pregnant Crash Victim Requires Emergency C-Section

Type of Injury: Severely fractured femur (leg) and fracture of the tibia and fibula; deep scar on calf and emergency C-section
Type of Accident: Pedestrian
Award/Settlement Amount: $640,000
Case Summary: Plaintiff was pregnant and was crossing the street at an intersection. She crossed the street within a crosswalk at a green light. Plaintiff was half-way across the street when the light turned red. She was forced to wait in the middle of the street at a traffic barrier due to traffic. As she waited, Defendant1 made an illegal left turn from an access road and struck a vehicle owned by Defendant 2, which had the right-of-way. The two vehicles crushed plaintiff against the traffic barrier. Plaintiff had an emergency C-section and the baby was fine. Further, plaintiff severely fractured her femur (leg) requiring insertion of rod among other injuries. Defendant2 admitted liability. Defendant2 contended that Defendant1’s negligence was the proximate cause of the accident. Case settled for $640,000.
Location: Kanawha County, West Virginia
Case Name and Docket Number: Johnson v. Smyth, 15-C-274

Physician Suffers Career-Ending Injuries in Collison

Type of Injury: Permanent knee injury; nerve damage to leg; reflex sympathetic dystrophy (RSD) of right knee; fractured left foot; closed head injury
Type of Accident: Side-impact
Award/Settlement Amount: $769,000
Case Summary: Plaintiff was traveling on a main thoroughfare. Traffic was bumper-to-bumper. Defendant was stopped on a side street attempting to make a left turn across the main thoroughfare. A gap opened in traffic and a motorist waved defendant through the opening. As defendant proceeded to make a left turn, she struck plaintiff’s vehicle. Plaintiff was a physician. She suffered significant leg injuries and closed her practice two years after the accident. Defendant contended that: plaintiff was exceeding the posted speed limit; plaintiff should have observed her vehicle; and plaintiff should have been able to stop and avoid a collision. Jury found in favor of plaintiff, awarding her $769,000.
Location: Harrison County, West Virginia
Case Name and Docket Number: Smith v. Calfee, 08-C-403

Punitive Damages Against Employer for Driver with Bad Record

Type of Injury: Soft tissue upper and lower back injuries with disk herniations
Type of Accident: Rear-end
Award/Settlement Amount: $1,013,156
Case Summary: Plaintiff was stopped waiting to make a left turn. Defendant 1, who was operating a pickup truck owned by Defendant 2 rear-ended plaintiff’s vehicle at a speed of 40 m.p.h. Defendant1 was convicted of failing to pay full time and attention to his vehicle. Plaintiff claimed he suffered soft tissue upper and lower back injuries with disc herniations as a direct result of the accident. Defendants admitted liability, but contended that plaintiff was exaggerating the extent of his injuries and damages. The jury returned a plaintiff verdict in the amount of $1,013,156 including $ 10,033 past medicals and $200,000 punitive damages against Defendant 2 only for negligent entrustment. Per plaintiff’s counsel, defendant driver’s testimony regarding a history of accidents, six to eight in the preceding 2.5 years, significantly impacted the outcome.
Location: Harrison County, West Virginia
Case Name and Docket Number: Rettonv. Barrett, 12-C-336-1

Crash Leaves Victim with Seizure Disorder, Multiple Deficits

Type of Injury: Closed head injury, resulting in post-traumatic seizure disorder, cognitive behavioral deficits, benign positional vertigo, bilateral loss of smell (hyposmia), visual deficits, sleep apnea and headaches; orthopedic injuries to left lower extremity with permanent severe myofascial pain dysfunction and reflex sympathetic dystrophy of lower left leg
Type of Accident: Side-impact
Award/Settlement Amount: $3,475,000
Case Summary: Defendant 1 was operating a truck owned by Defendant 2. Plaintiff was traveling on an intersecting street. Defendant1 ran a red light and broadsided plaintiff’s vehicle. Plaintiff claimed he suffered a closed head injury and orthopedic injuries in the collision, resulting in numerous deficits and permanent disability. Defendants admitted liability, but contended that the quality of plaintiff’s life could be improved and that plaintiff’s expert failed to calculate plaintiff’s future damages correctly. The jury awarded plaintiff $3,300,000. Defendants’ appeal was denied and the case then settled for $3.475 million.
Location: Harrison County, West Virginia
Case Name and Docket Number: Reich v. Bragg, 13-C-50

Methodology

We analyzed a group of actual lawsuits filed in West Virginia by injured car accident victims. All plaintiffs in the group received a court award or settled their case before trial.

Cases include collisions involving cars, trucks, motorcycles, and pedestrians, including a pregnant pedestrian who was crushed against a traffic barrier by two vehicles.

In some cases, the plaintiff sued more than one defendant, as in cases such as the at-fault driver and their employer.