West Virginia Personal Injury Attorney

Licensed and accredited legal advice from experts

who are dedicated to your needs.

When negligence causes life-altering injuries, you should not have to fight insurance adjusters alone. Attorney David O. Moye delivers direct, compassionate, and trial-tested representation to secure full compensation for your medical bills, lost wages, and suffering.

Call (304) 586-1251 for a Free Case Review Request Free Consultation

✓ No Win, No Legal Fee Guarantee ✓ Direct Communication with Attorney David O. Moye ✓ Serving Winfield, Charleston, Teays Valley, Huntington & I-64 Corridor

Injured in an Accident? 3 Critical Steps to Protect Your Claim

Insurance companies begin building their defense immediately after a collision. Take these steps to protect your rights:

1. Seek Immediate Medical Evaluation: Go to an emergency room or urgent care center (CAMC, Putnam General, St. Mary's) immediately. Hidden trauma—such as concussions, spinal disc herniations, and internal bleeding—must be documented right away.

2. Do Not Give a Recorded Statement: Insurance adjusters often call within 24–48 hours seeking statements to minimize payouts or shift blame. Politely decline and state that your attorney will handle communication.

3. Contact Moye Law Office: Call (304) 586-1251 before signing medical authorizations or accepting premature settlement checks.

Personal Injury Cases We Handle in West Virginia

Tenacious legal representation for victims of negligence, reckless conduct, and dangerous conditions.

1. Motor Vehicle Accidents (I-64 & Regional Corridors)

High-speed collisions on Interstate 64, Route 35, Route 60, and US-119 frequently result in catastrophic injuries. We represent drivers, passengers, and motorcyclists injured by distracted driving, speeding, reckless lane changes, and drunk drivers across Putnam and Kanawha Counties.

2. Semi-Truck & Commercial Vehicle Crashes

Accidents involving 18-wheelers, coal trucks, delivery vans, and commercial freight carriers require immediate investigation. We subpoena electronic logging device (ELD) data, driver qualification files, maintenance records, and dispatch communications to expose federal safety violations.

3. Premises Liability & Slip-and-Fall Accidents

Property owners, retailers, and landlords have a duty to maintain reasonably safe environments. We hold businesses accountable for injuries caused by wet floors without warning signage, broken stairways, inadequate lighting, uneven sidewalks, and unaddressed snow and ice hazards.

4. Catastrophic Injuries & Wrongful Death Claims

When negligence leads to traumatic brain injuries (TBI), spinal cord paralysis, severe fractures, or the tragic loss of a family member, we pursue full damages under West Virginia's Wrongful Death statute (WV Code § 55-7-5), including loss of companionship, future earnings, and funeral expenses.

Understanding West Virginia’s 51% Modified Comparative Negligence Law

Many accident victims hesitate to seek legal help because they worry they might share some responsibility for a collision or fall. In West Virginia, the law protects your right to recover financial compensation under WV Code § 55-7-13a, known as modified comparative fault.

The 51% Fault Bar

You are legally entitled to recover compensation as long as you are 50% or less at fault for the accident. You are only barred from recovery if you are found to be 51% or more responsible.

Proportional Damage Recovery

Your compensation is simply reduced by your percentage of fault. For example, if your total damages are $100,000 and you are determined to be 10% at fault, you still receive $90,000.

Insurance adjusters frequently use comparative negligence rules to improperly shift blame onto injured victims. Attorney David O. Moye investigates police crash reports, witness statements, and physical evidence to ensure fault is fairly and accurately determined.

What to Expect During Your Personal Injury Claim

Free Case Review & Investigation

We review police accident reports, interview witnesses, inspect collision scenes, and gather surveillance or dashcam footage.

Medical Treatment & Documentation

You focus on your recovery while we organize all hospital records, doctor notes, physical therapy bills, and wage loss documentation.

Comprehensive Settlement Demand

Once you reach Maximum Medical Improvement (MMI), we prepare a comprehensive demand package outlining all economic and non-economic damages.

Negotiation, Mediation, or Court Trial

If the insurance company refuses to offer fair compensation, Attorney David O. Moye files a formal lawsuit in County Circuit Court to fight for your recovery before a jury.

How much does it cost to hire a personal injury lawyer at Moye Law Office?

We handle all personal injury and wrongful death cases on a contingency fee basis. That means you pay zero upfront costs and zero attorney fees out of pocket. We only receive a fee if we successfully recover financial compensation for your claim through a settlement or trial verdict.

What is the statute of limitations for personal injury lawsuits in West Virginia?

Under West Virginia Code § 55-2-12, the general statute of limitations for personal injury claims is two (2) years from the date the injury occurred. For wrongful death claims (WV Code § 55-7-6), the lawsuit must generally be filed within two years of the date of death. Missing this deadline forfeits your legal right to compensation.

What types of damages can I recover in a West Virginia accident claim?

Depending on the circumstances of your case, compensation may include:

Medical Expenses: Emergency room visits, surgeries, prescription medications, physical therapy, and future care costs.
Lost Income & Earning Capacity: Wages lost during recovery and compensation for reduced future earning capacity.
Pain and Suffering: Physical agony, emotional distress, loss of enjoyment of life, and permanent scarring or disability.
Property Damage: Repair or replacement value for your vehicle and damaged personal property.

What if the at-fault driver has no insurance or minimum coverage?

If the at-fault driver is uninsured or their policy limits cannot cover your medical expenses, we evaluate your own auto insurance policy for Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. We also look for other potential sources of recovery, such as employer liability or multi-vehicle liability.

Get a Free, Confidential Case Evaluation Today

Speak directly with Attorney David O. Moye about your accident. We can meet with you at our Winfield office, over the phone, or arrange a hospital or home visit if your injuries prevent you from traveling.

Winfield Office: 12458 Winfield Road, Winfield, WV 25213

Phone: (304) 586-1251 | Email: info@MoyeLawOffice.com

The Moye Law Mission

Our mission is to serve as a leader in the fields of real estate law, estate planning, personal injury and criminal defense law. We are committed to satisfying the objectives of each of our clients by providing efficient and effective legal representation to reach beneficial long term outcomes.

The Moye Law Values

Every member of the team works to our three core values:

➔Work hard

➔Work with integrity

➔Treat everyone with respect

The Moye Law Vision

Our vision is to treat each client as if it they were our only client, we achieve this by:

➔ Always being accessible

➔ Always being responsive to our clients’ questions and concerns

➔ Providing sound legal advice and counsel

➔ Helping our clients obtain the best possible results for their situation

The Moye Law Mission

Our mission is to serve as a leader in the fields of real estate law, estate planning, personal injury and criminal defense law. We are committed to satisfying the objectives of each of our clients by providing efficient and effective legal representation to reach beneficial long term outcomes.