Personal injury is a legal term that refers to harm caused to an individual’s body, emotions, or mind. These injuries can be caused by various means like accidents, negligence, or intentional malicious acts.

In West Virginia, personal injury claims may arise in different scenarios, such as slip-and-fall accidents, medical malpractice, car accidents, or product liability claims. When you experience a personal injury caused by another person or organization’s action or inaction, you may have legal rights to seek compensation for the damages you sustain.

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Who is at Fault for a Personal Injury in West Virginia?

In a personal injury case, establishing fault or liability is essential. The party at fault in a personal injury case is the individual or organization responsible for causing the injury. In most cases, it’s clear who is at fault, but sometimes it can be challenging to determine who caused or contributed to the injury.

Various factors influence fault determination in a personal injury case in West Virginia, including the laws regulating the situation and the evidence presented. In West Virginia, the state uses the “modified comparative negligence” rule to determine fault.

What is Modified Comparative Negligence Rule?

Under the modified comparative negligence rule, when victims contribute to the injury, their compensation award may be reduced by their degree of fault in some cases. The comparative negligence rule seeks to ensure that victims who are partly responsible for their injuries do not receive full compensation for their losses.

In West Virginia, the modified comparative negligence rule provides that if a victim is less than 50% responsible for the injury, they can still recover compensation for their damages. However, the compensation award will be reduced by their fault percentage.

Example of Fault Percentage Reduction

Suppose you are injured in a car accident, and the court finds that you were 20% responsible for the collision, while the other driver was 80% at fault. If your damages were $100,000, your compensation award would be reduced by 20% to account for your contribution to the accident. Hence, you would receive $80,000 instead of the full damages award.

Additionally, if you’re found to be 50% or more responsible, you will not receive any compensation for your injuries.

How Can Partial Fault Affect My Personal Injury Claim in West Virginia?

Partial fault affects personal injury claims in various ways, including:

Absolute Bar

If the victim is 50% or more at fault, West Virginia law deems them an "absolute bar." This means that they cannot recover any damages for their personal injury claim from the other party, regardless of how severe the injuries are.

Reduction of Damages

If the victim is found partially at fault, their overall compensation award will be reduced by their percentage of fault. This reduction can severely impact the victim’s ability to recover fully for their damages.

Evidence Limitations

When both the plaintiff and defendant share fault in a personal injury case, the defendant may try to shift the responsibility more onto the plaintiff. The defendant may use the claim that the plaintiff was negligent to reduce their damages compensation award or completely avoid liability. This makes it essential for the plaintiff to hire experienced personal injury attorneys who can help assert their rights and collect evidence.

Let Us Help You Today!

Suffering a personal injury can be stressful and challenging. Obtaining the compensation you deserve is essential for your recovery and restoring your life. At Your Firm, we have experienced personal injury attorneys who can help you pursue full and fair compensation for your damages, and navigate the tricky ins and outs of West Virginia personal injury law.

What is Personal Injury in West Virginia?