Articles Posted in West Virginia

Victims of sexual abuse or sexual assault in West Virginia can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.

In this post, we will look at the process of filing a civil lawsuit for sexual abuse in West Virginia. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.


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Miller & Zois is a national personal injury law firm. Although we are based in Maryland, our firm routinely handles serious personal injury cases in West Virginia and other neighboring states. Our firm has helped injury victims in West Virginia get compensation in various types of cases across the state including medical malpractice, birth injuries, major auto accidents and everything else.

2-Year Statute of Limitations for West Virginia Injury Cases

All states have laws called statutes of limitation that impose time limits or deadline for how long a victim can wait before bringing a civil lawsuit in personal injury and other types of cases. If the lawsuit is not filed before the applicable statute of limitations (SOL) deadline expires, the plaintiff is legally barred from suing.

The Baltimore Injury Lawyer Blog has a post on a Maryland Daily Record article looking at how President-Elect Barack Obama might change the 4th Circuit Court of Appeals which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

I’ve spent far more time thinking about how President Obama will change the country than his impact on lawyers or even my own clients. But President Obama will nominate judges that I will stand before and argue. While I think President Bush has nominated a lot of good judges, this fact makes me a little happier to be a lawyer today. I’m not saying every plaintiffs’ lawyer will have a better shot at success in front of judges nominated by Obama. I just think they are likely to be fair and reasonable judges.

The West Virginia Record has an editorial about how the three of the top verdicts in the country came from West Virginia and derided plaintiffs’ lawyers as “tort barons” destroying industry in West Virginia and through the country.

Okay, the problem is West Virginia personal injury lawyers (tort lawyers). Just for fun, let’s look at the fact and see about all these tort claims. The big verdict was a $404 million award in Roane County v. Columbia Natural Resources. In that case, 10,000 other royalty owners who questioned the price they were being paid for natural gas produced from their property. This is not a tort claim. This is a company stealing from people. Exactly how should such a claim be handled? Should the plaintiffs have allowed this to go on without question for the “good of industry?” How many folks on the Editorial Board of the West Virginia Record would have refused payment if they were in the class? It is just plain silly.

The second case cited, a $251 million verdict against Du Pont in Clarksburg was not a personal injury case but a lawsuit over Du Pont’s handling of the environmental cleanup created by a West Virginia zinc-smelting facility. This did not involve a single insured person. This involved many people who had been hurt by a very large company in a case where the jury found they did not give due consideration to the environment or the surrounding property owners. Approximately 7000 people suffered harm to their property, and we subjected to significant health risks. What would the Editorial Board of the West Virginia Record do if they sat on the jury in this case?

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