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The Miley Legal Group
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Toll Free 888.436.0859
Fax (304) 326-1801

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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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West Virginia Negligence Laws (Part B)

West Virginia Negligence Laws & Comparative Negligence - 50% Rule

Under West Virginia's comparative negligence - 50% rule, an injured person can only collect damages if the injured person contributed less than 50% to the accident. Let us look at the following example to get an idea of how this rule functions:

Joan and Bill were in a car accident in Clarksburg. Joan was injured in the crash. Joan was found 51% responsible for the accident. Joan's total damages were $15,000. Joan doesn't receive any damages

However, if Joan was found to have contributed 49% to the accident, Joan's $15,000 worth of damages would be reduced by 49% and Joan would receive $7,650 in compensation.
Eleven states in addition to West Virginia use the comparative negligence - 50% rule. 

Establishing Negligence After Your Car Accident in Clarksburg

As you can see, your West Virginia personal injury claim must not only prove that another person caused your accident and injuries, but that your own actions did not contribute (or only marginally contributed) to your car accident in Clarksburg. This is where hiring the right Clarksburg personal injury attorney can really make or break your case.

Your attorney will be presented with the task of building your injury claim. This means they'll need to gather and organize evidence that establishes the negligence of the defendant and minimizes any impact your own actions may have had. This is can be accomplished through a variety of evidence including police reports, doctor's findings, and even calling in experts such as accident reconstruction specialists to testify on your behalf. 

While you may think that holding back certain information may help you win a larger settlement, not being completely honest with your Clarksburg personal injury attorney can seriously hurt your claim. If the other side discovers inaccuracies in your statements or discovers you lied about your injuries or the events that led up to your accident, you may not be able to recover any damages at all.

Your attorney can only defend your interests when they have all the relevant information for your case. Being honest with your attorney, even if you were partially at fault, will help your case in the long run.  

When to Contact 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

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