Table of Contents
Introduction
In West Virginia, comparative negligence is an important aspect of personal injury law. Understanding how it works can help you if you are involved in an accident where negligence is a factor. In this article, we will explain what comparative negligence is and how it applies in West Virginia.
What is Comparative Negligence?
Comparative negligence is a legal principle used in personal injury cases where both parties involved in the accident share fault. Comparative negligence determines the degree of responsibility each party has for the accident and how it affects the amount of compensation awarded to the victim.
Under comparative negligence, each party is assigned a percentage of fault for the accident. The total compensation award is then reduced by the percentage of fault assigned to the victim.
How Does Comparative Negligence Work in West Virginia?
West Virginia is a modified comparative negligence state. This means that the victim can only recover damages if they are less than 50% at fault for the accident.
If the victim is found to be 50% or more at fault, they cannot recover any damages. If the victim is less than 50% at fault, the compensation award is reduced by their percentage of fault.
For example, if the total compensation award is $50,000 and the victim is found to be 30% at fault, their award would be reduced by 30% which equals $15,000. This means the victim will receive $35,000 in compensation.
How is Fault Determined?
To determine fault, the court will consider several factors, including:
- The actions of each party leading up to the accident
- The extent of damages and injuries suffered
- The likelihood of the accident occurring due to each party’s actions
- Whether either party was breaking any laws or regulations at the time of the accident
In West Virginia, a jury will determine the percentage of fault for each party after hearing evidence presented by both sides.
What Should You Do if You Are Involved in an Accident?
If you are involved in an accident, it is essential to seek medical attention for any injuries sustained. Additionally, you should contact an experienced personal injury attorney who can advise you on your legal options.
It is crucial to gather evidence to support your case, including photographs of the accident scene, witness statements, and any police reports. Your attorney can help you navigate the legal process and negotiate a fair settlement with the other party’s insurance company.
Conclusion
Comparative negligence is an essential legal principle in West Virginia that determines the degree of fault and compensation awarded in personal injury cases. Understanding how comparative negligence works can help you navigate the legal system and obtain fair compensation for any injuries sustained in an accident. If you are involved in an accident, seek the advice of an experienced personal injury attorney to help you through the legal process.