Practice Areas

Biographical Information

Skills & Expertise

Crystal H. Castleberry practices in the states of West Virginia and South Carolina. In addition, Ms. Castleberry has been involved in the litigation of cases in New York, Pennsylvania, Georgia, and Florida.

Ms. Castleberry is a graduate of West Virginia University with a B.S.B.Ad. in Accounting and a graduate of West Virginia University College of Law with a J.D. She has been admitted to practice in all state courts in the state of West Virginia, and the Southern and Northern District Federal Courts, the United States Court of Appeals for the Fourth Circuit. Ms. Castleberry formerly practiced with a large plaintiffs’ firm in Charleston, West Virginia but has maintained her own firm since 1991, where she has had locations in Charleston, WV and Morgantown, WV. Most recently, she has maintained a Morgantown office since 1998.

Although trained and skilled in a variety of legal services, Ms. Castleberry’s practice is primarily limited to those personal injuries involving motor vehicle accidents, wrongful death cases, medical malpractice, product liability causes of action, other injury matters, as well as insurance disputes and bad faith claims. Further, she handles a variety of cases arising out of employment disputes, including wrongful termination, sexual harassment and employment discrimination.

Ms. Castleberry has numerous reported appellate decisions in the state of West Virginia.

In one decision, Roberts v. Consolidation Coal Co., 539 S.E. 2d 478 (W.Va. 2000), the concept of comparative fault was altered as it relates to employee versus employer cases, thereby eliminating any argument by the employer that the employee was partially at fault. This case was against Consolidation Coal Company arising out of severe injury to a coal miner who was crushed by an electronic mine shield on a longwall mining operation. The result achieved by the firm in this case is helpful to all employee-victims of on the job injuries or death.

Further, Ms. Castleberry was successful in having the West Virginia Supreme Court of Appeals rule that medical malpractice defendants are not entitled to a jury instruction granting them the presumption that they acted within the standard of care in Matheny v. Fairmont General Hospital, Inc., 575 S.E. 2d 350 (W.Va. 2002). This decision overrules prior law and is beneficial to plaintiffs in malpractice cases.

Primarily involved in litigation, Ms. Castleberry has much experience in jury trials. For instance, the firm achieved a verdict of nearly $2.3 Million in a healthcare privacy case against University Health Associates for the emotional harm and injury done to three former patients as a result of an employee's release of confidential psychiatric records and information contained in outpatient files at Chestnut Ridge Psychiatric Hospital in Morgantown, West Virginia. The case is K.C., et. al v. West Virginia Medical Corp., dba University Health Associates, Civ. Action No. 99-C- 509, Circuit Court of Monongalia County. This verdict is believed to be the largest of its kind in the state of West Virginia and represents one of the first verdicts regarding such an invasion of privacy claim in the U.S.

The firm has successfully handled litigation against major insurance companies for their bad faith practices toward claimants, and settled multi-defendant medical malpractice cases.

The firm has settled complex multi-defendant medical malpractice cases, nursing home injury cases and insurance bad faith cases, for sums in the millions of dollars including a brain injury claim resulting in a recovery of nearly $3.5 million.

Ms. Castleberry regularly acts as lead trial counsel, and accepts co-counsel referrals in the states of West Virginia and South Carolina.

Ms. Castleberry is a life long resident of West Virginia having grown up in Bridgeport. She is the mother of one son and currently resides in Morgantown.