Accident in Bridgeport, West Virginia | West Virginia Negligence Law
Miley Legal Group
After an accident in Bridgeport, West Virginia, you may be entitled to compensation through a West Virginia personal injury claim. Under West Virginia negligence law, however, if you are partially at fault for your accident, the award you may be entitled to can decrease by the percentage of which you are considered at fault. If you are filing an injury claim, speak to a Bridgeport law firm with attorneys who have handled accident cases like yours before.
Fault, or negligence, is the most important element in a car accident claim. West Virginia negligence law is governed by a comparative negligence structure, as opposed to the contributory negligence laws that govern other states’ accident and personal injury claims.
West Virginia Negligence Law after an Accident in Bridgeport
While there are several different comparative negligence systems, the one that is applicable to a West Virginia accident is the 50% comparative rule, which dictates that if you are found to be 50% or more at fault for the accident that caused your injuries, you are not eligible for any awards through a West Virginia personal injury claim.
For instance, if you were injured in a car accident in Bridgeport, West Virginia and needed surgery, you and your attorney from a Bridgeport law firm would compile all of your financial data, including the value of your medical expenses, your lost wages, property damage, pain and suffering, and any other expenses related to the accident.
So assuming that the total dollar amount for those things was $100,000, you would file a West Virginia personal injury claim for that amount. Under West Virginia negligence law, if the jury determines that you are 10% liable for your accident, then 10% of your total claim – or $10,000 – would be deducted from your award, leaving you with $90,000.
However, if a jury finds that you are 50% responsible for the accident, you would not be eligible for any compensation, not even 50% of it. This is to deter people from pursuing claims for accidents they had an equal hand in causing. Considering this provision in the rules that govern negligence claims, it’s important to speak with an attorney from a Bridgeport law firm before filing your West Virginia personal injury claim.
If you have been injured in an accident in Bridgeport, West Virginia that was partially your fault, you may still be eligible for compensation after an accident.