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Toll Free 888.436.0859
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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Establishing Negligence: Comparative Negligence in West Virginia

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If you have been seriously injured in a West Virginia accident, you may be eligible to file a West Virginia personal injury claim. The amount of damages that you may be able to recover through a personal injury claim will depend on who was negligent in the accident and to what degree.

Comparative Negligence in West Virginia

West Virginia follows a version of comparative negligence, the modified comparative fault - 50% rule system. In this system, an injured party will not be able to recover any damages if they are found to be 50% or more at fault for the accident. 

However if the injured party was 49% or less at fault for the accident, then they may be eligible to recover damages. It's important to note that their own percentage of fault will be deducted from any damages they receive. 

An insurance adjuster, along with your Clarksburg personal injury attorney, will likely negotiate percentages of fault based on the evidence available. If your claim goes to court, determining negligence in West Virginia will come from a judge or jury.

Establishing negligence and proving fault for your accident while defending your own actions can be extremely difficult for someone unfamiliar with West Virginia negligence laws. Your Clarksburg personal injury attorney can help you understand the elements involved in a negligence case in West Virginia and explain how they apply to your particular case.

Contacting a Clarksburg Personal Injury Attorney

If you or a loved one has been seriously injured in a Clarksburg car accident, order a complimentary copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact the Clarksburg personal injury attorneys at The Miley Legal Group for a no-cost consultation - 304-326-1800.

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