West Virginia Negligence Laws and Your Injury Claim

Every state follows a set of negligence laws which will greatly impact the damages available to an accident victim in the event of serious injury. West Virginia negligence laws follow the modified comparative - 50% rule. 

Under the modified comparative - 50% rule, an accident victim's compensation is determined taking into account how much the victim's actions contributed to the accident.

If the accident victim's actions are determined by a jury or a judge to have contributed 50% or more to the accident, the victim is not entitled to any compensation. However, if the victim's actions contributed less than 50% to the accident, the victim is entitled to some compensation. 

Let us consider this example: James and John were in an accident in Clarksburg. John was injured in the accident. John is determined to be 40% at fault for the crash. Without taking "fault" into account, John's total compensation would be $10,000. Taking into account fault, John's actual compensation is $6,000.

Talk to your Clarksburg personal injury attorney to get a better understanding of how West Virginia's negligence laws will affect your own West Virginia injury claim. If there are any doubts about how your own actions may have contributed to the accident, it is critical that you secure the help of an attorney early in the process in order to protect your rights to adequate compensation. With compelling supportive evidence, a lawyer may be able to demonstrate that you were less than 50% liable for the crash.

To learn more about how West Virginia negligence laws will impact your claim, visit our article library. 

Contacting a Clarksburg Personal Injury Attorney

Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages over 40,000 car crashes, over 400 deaths, and over 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact a Clarksburg personal injury attorney at The Miley Legal Group for a FREE consultation - 304- 326-1800