Comparative Fault in West Virginia Negligence Law

Miley Legal Group

If you’re injured in a car accident in Bridgeport, West Virginia, certain legal precedents determine whether or not you’re eligible to collect compensation in the form of a West Virginia personal injury claim. How personal injury matters are handled is up to each state, and under West Virginia negligence law, accidents that give rise to injury in the state are governed by a comparative fault principle.

How Comparative Fault Affects Your West Virginia Personal Injury Claim

Comparative fault, as opposed to contributory fault, awards compensation to an injured accident victim, even if that victim was partially to blame for the accident. Different variants of the comparative fault system exist, but West Virginia uses what’s called the 50% rule, which means that as long as you’re found to be less than 50% at fault for an accident, you’re still eligible for compensation.

However, the percentage by which you’re determined to be liable will be decreased from your total award. For instance, if your claim is for $20,000, and you’re determined to be 20% at fault, then your damages will be reduced by 20%, or $4,000, leaving you with the other 80%, or $16,000.

With this in mind, it’s important that you speak to an attorney from a Bridgeport law firm who can help you establish the liability of the car accident that gave rise to your injuries, particularly if you contributed to the collision.