[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/robinettelaw.com\/can-a-morgantown-rider-get-compensation-for-a-brachial-plexus-injury\/#Article","mainEntityOfPage":"https:\/\/robinettelaw.com\/can-a-morgantown-rider-get-compensation-for-a-brachial-plexus-injury\/","headline":"Can a Morgantown Rider Get Compensation for a Brachial Plexus Injury?","name":"Can a Morgantown Rider Get Compensation for a Brachial Plexus Injury?","description":"When a Crash Damages the Nerves in Your Arm Key Takeaways: Yes, a Morgantown rider may be able to get compensation for a brachial plexus injury if another driver’s negligence caused the crash. These nerve injuries can cause anything from weakness and numbness to permanent paralysis of the arm, so a quick diagnosis and consistent...","datePublished":"2026-10-24","dateModified":"2026-10-24","author":{"@type":"Person","@id":"https:\/\/robinettelaw.com\/author\/robinette-legal-group\/#Person","name":"Jeff Robinette","url":"https:\/\/robinettelaw.com\/author\/robinette-legal-group\/","identifier":18,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/1e52bf8f70e6b1108446492a3b589712bc7a958ee141599d900b5027214027b3?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/1e52bf8f70e6b1108446492a3b589712bc7a958ee141599d900b5027214027b3?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Robinette Legal Group, PLLC","logo":{"@type":"ImageObject","@id":"https:\/\/robinettelaw.com\/wp-content\/uploads\/2021\/11\/favicon-rlg.png","url":"https:\/\/robinettelaw.com\/wp-content\/uploads\/2021\/11\/favicon-rlg.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/robinettelaw.com\/wp-content\/uploads\/2026\/10\/parked_motorcycle_with_helmet_in_morgantown.webp","url":"https:\/\/robinettelaw.com\/wp-content\/uploads\/2026\/10\/parked_motorcycle_with_helmet_in_morgantown.webp","height":768,"width":1376},"url":"https:\/\/robinettelaw.com\/can-a-morgantown-rider-get-compensation-for-a-brachial-plexus-injury\/","about":["Motorcycle Accidents"],"wordCount":1918,"keywords":["west virginia"],"articleBody":"When a Crash Damages the Nerves in Your ArmKey Takeaways: Yes, a Morgantown rider may be able to get compensation for a brachial plexus injury if another driver’s negligence caused the crash. These nerve injuries can cause anything from weakness and numbness to permanent paralysis of the arm, so a quick diagnosis and consistent treatment matter for both your health and your claim. Under West Virginia’s modified comparative fault rules, your recovery generally goes down by your share of fault, and you generally can’t recover at all if your fault is greater than the combined fault of everyone else. Damages may cover medical expenses, lost wages, lost earning capacity, pain and suffering, and emotional distress. Because the state’s minimum insurance limits are low, you may also need underinsured motorist coverage or other sources. Riders generally have two years to file a lawsuit under W. Va. Code \u00a7 55-2-12, and accepting a quick settlement early can leave you without money for future care.Yes, a Morgantown rider may be able to recover compensation for a brachial plexus injury when another driver’s negligence caused the crash. These nerve injuries can take away arm strength, sensation, and function, sometimes for good. Under West Virginia law, an injured motorcyclist can generally seek damages from the at-fault party for medical costs, lost income, and pain and suffering. The value of a claim depends on proof of fault, injury severity, available insurance, how fault is divided, and whether you file on time.If you or someone you love suffered nerve damage in a crash, you do not have to deal with the insurance company alone. Robinette Legal Group PLLC represents injured motorcyclists throughout the Morgantown area. Call 304-501-5753 or contact us now to discuss your situation.Understanding Brachial Plexus Injuries After a Motorcycle CrashThe brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the shoulder, arm, and hand. These nerves control movement and feeling in the upper limb. Injuries usually happen when the nerves are stretched, compressed, or torn by sudden force. McGill University’s overview of brachial plexus nerve damage lists trauma from vehicle accidents among the common causes.Motorcyclists face particular risk because they have so little protection in a collision. When a rider is thrown from the bike or lands on a shoulder, the head and shoulder can be forced apart violently, stretching or tearing the nerve roots. Medical research identifies high-energy trauma, especially motorcycle crashes, as a leading cause of serious brachial plexus injuries in adults.Symptoms That Signal a Serious Nerve InjurySymptoms can range from weakness and numbness to complete paralysis of the arm. Warning signs often include:Weakness or an inability to lift the arm or grip objectsNumbness, tingling, or burning pain in the shoulder, arm, or handA limp or dangling arm right after the crashSevere, ongoing nerve pain that does not respond to typical pain medicationSome symptoms show up gradually, so a prompt medical evaluation matters. Early diagnosis protects your health and creates a record linking the injury to the crash.Proving Fault in a Brachial Plexus Injury Motorcycle Accident ClaimTo recover compensation, an injured rider generally has to prove that another party was negligent. That means showing the other driver owed a duty of care, breached it, and caused injuries that led to real damages. Common examples include drivers who turn left in front of a motorcycle, change lanes without checking blind spots, speed, or drive while impaired.When a Drunk Driver Causes the CrashA rider hit by a drunk driver may have strong evidence of negligence. Criminal charges against an impaired driver are separate from your civil claim, but evidence from the criminal case, such as blood alcohol results and police reports, may help support your case. Under W. Va. Code \u00a7 55-7-29, punitive damages may be available only if clear and convincing evidence shows the defendant acted with actual malice or conscious, reckless, and outrageous indifference to the safety of others. These awards are generally capped at the greater of four times compensatory damages or $500,000.How Shared Fault Can Affect Your RecoveryWest Virginia follows a modified comparative fault system under W. Va. Code \u00a7 55-7-13a through \u00a7 55-7-13d. Generally, your recovery is reduced by your percentage of fault. If your fault is greater than the combined fault of everyone else involved, you are barred from recovering. Insurers often try to shift blame onto riders, so strong evidence is important.Safety equipment rules can come up in these disputes. W. Va. Code \u00a7 17C-15-44 requires all motorcycle operators and passengers to wear an approved helmet, and separately requires all operators and passengers to wear compliant eye protection, such as shatter-resistant glasses, goggles, or a face shield, at all times, with no exemption even if the motorcycle has a windscreen; any windscreen present must itself meet shatter-resistant material standards. Insurers sometimes argue that a rider’s gear made injuries worse, but that depends on the facts, especially because a helmet protects the head and not the nerves of the shoulder and arm.\ud83d\udca1 Pro Tip: Keep your helmet, jacket, and gloves in the condition they were in after the crash. Damaged gear can help reconstruct how you were thrown and where your body hit.What Compensation May Be AvailableBrachial plexus injury compensation may cover both financial losses and the personal toll of the injury. Because treatment can range from physical therapy to complex nerve surgery, and recovery may take years or never be complete, these claims may involve significant damages. Our guide on Morgantown motorcycle crash damages explains these categories in more detail.Damage CategoryWhat It May IncludeMedical expensesEmergency care, hospitalization, nerve grafts or transfers, physical and occupational therapy, future treatmentLost wagesIncome lost during recovery and medical appointmentsDiminished earning capacityReduced ability to work, especially in physical or skilled manual jobsPain and sufferingChronic nerve pain and physical limitationsEmotional distress and quality of lifeDepression, anxiety, and loss of hobbies, including ridingWhy Long-Term Impact Drives Claim ValueMany riders with severe brachial plexus injuries never fully regain function in the affected arm. A worker who relies on both hands may not be able to return to the same job. Documenting future medical needs and lost earning capacity, often with input from physicians and vocational evaluators, can greatly affect claim value.Insurance Limits and Other Sources of RecoveryEven a strong motorcycle injury claim may be limited by the at-fault driver’s insurance policy. West Virginia’s minimum liability coverage under W. Va. Code \u00a7 17D-4-2 is $25,000 per person for bodily injury and $50,000 per accident. For a catastrophic nerve injury, those limits may cover only a small part of your losses.An experienced attorney can look for additional sources of compensation, including:Your own uninsured motorist coverage, which is required, or underinsured motorist coverage, which is optional but must be offered, under W. Va. Code \u00a7 33-6-31Multiple at-fault parties, such as an employer whose driver was working at the time of the crashThird parties responsible for defective motorcycle parts or dangerous road conditionsInsurers may also offer a quick, low settlement before the full extent of a nerve injury is known. Settlements usually require a release, so accepting early may prevent you from recovering later for future surgery or permanent disability. A brachial plexus injury motorcycle accident lawyer can help you evaluate whether an offer reflects your true losses.Filing Deadlines Every West Virginia Rider Should KnowIn West Virginia, personal injury lawsuits generally must be filed within two years under W. Va. Code \u00a7 55-2-12. Missing this deadline may bar your claim completely, no matter how serious your injuries are. This civil deadline is separate from any notice or claim deadlines in your insurance policy, which may be shorter.Limited tolling provisions may affect the timeline in certain situations. For example, West Virginia’s tolling statute, W. Va. Code \u00a7 55-2-21, addresses how limitations periods may be paused for certain claims asserted after a civil action has already started. Other provisions, such as W. Va. Code \u00a7 55-2-15, may extend the deadline for minors. Courts interpret these exceptions narrowly, so it is generally safest to act well before the two-year mark.\ud83d\udca1 Pro Tip: Request copies of the crash report and your medical records early. Getting these records can take weeks, and they are central to any claim.Steps to Protect Your Claim After a CrashWhat you do in the weeks after a crash can affect your ability to recover compensation. Get medical care right away and follow every treatment recommendation, because gaps in care give insurers a reason to dispute your injuries. Keep a journal tracking your pain, limitations, and missed work. Avoid giving recorded statements to the other driver’s insurer before you speak with a lawyer.Frequently Asked Questions1. Can I still recover compensation if I was partly at fault?Possibly, depending on your share of fault. Under West Virginia’s modified comparative fault rules, your recovery is reduced by your percentage of fault. You are barred only if your fault is greater than the combined fault of all other parties.2. How much is a brachial plexus injury claim worth?There is no set value, because every case depends on its own facts. Injury severity, the need for surgery, permanent disability, lost earning capacity, how fault is divided, and available insurance all affect potential value.3. What if the at-fault driver has only minimum insurance?If you bought underinsured motorist coverage, it may help cover the gap. An attorney can also look into whether other parties share liability.4. Do I need surgery to have a valid claim?No, surgery is not required. Nerve injuries treated with long-term therapy can still cause significant damages, including pain, lost income, and reduced quality of life.5. How long do I have to file a lawsuit in West Virginia?Generally, two years from the date of the injury under W. Va. Code \u00a7 55-2-12. Narrow exceptions, such as tolling for minors, may apply, so speaking with a lawyer early is important.Moving Forward After a Life-Changing InjuryA brachial plexus injury can change a Morgantown rider’s work, independence, and daily life. When another driver’s negligence caused the crash, West Virginia law may allow you to recover for medical bills, lost earnings, pain and suffering, and emotional harm. Proving fault, uncovering every available insurance source, and meeting filing deadlines are key steps toward a fair recovery.Robinette Legal Group PLLC represents injured riders on a contingency-fee basis and is ready to review your case. Call 304-501-5753 or schedule your free consultation today to learn about your options.Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.Jeff Robinette( West Virginia Personal Injury Attorney )Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Can a Morgantown Rider Get Compensation for a Brachial Plexus Injury?","item":"https:\/\/robinettelaw.com\/can-a-morgantown-rider-get-compensation-for-a-brachial-plexus-injury\/#breadcrumbitem"}]}]