Clearing Up the Myths: 4 Facts to Know about Comparative Negligence

Miley Legal Group

Many West Virginia accident victims fear the state’s comparative negligence law. They think that, because the law awards damages according to fault, they will somehow lose out on all the compensation they believe they are due.

The truth of the matter is, this rarely happens. Unless a victim is determined to hold half the fault (or more) in an accident, they will still be eligible to recover damages. Read this quick guide to comparative negligence laws in Clarksburg before hiring an attorney.

Facts About Comparative Negligence

Here are some important facts about West Virginia’s modified comparative negligence law:

  • It’s used as a basis for determining damages throughout West Virginia, even when courts are not involved. Even when claims simply go through an insurance company and are negotiated out of court, the law of comparative negligence still comes into play.
  • Both parties are assigned a percentage when involved in an injury claim. This percentage reflects the amount of responsibility or fault they had in causing the accident or injury in question.
  • Damages are proportional to the level of fault assigned. The victim’s percentage of fault will directly correlate to the amount of damages he or she is due.
  • Victims can be partially at fault and still be awarded damages. As long as they don’t hold more than 49 percent of the fault, they are eligible for some level of compensation.

Contact The Miley Legal Group for Help

To learn more about West Virginia’s comparative negligence laws, how percentage of fault is assigned to each party involved or how to seek damages for an injury claim, victims should contact an attorney at the Miley Legal Group today. Call 304-931-4088 to set up a consultation about your case. Also see our eBook, The 7 Biggest Mistakes that Will Wreck Your West Virginia Accident Claim.