How can I get compensated from a car accident occurring in West Virginia?
West Virginia Courts apply what is known as "Modified Comparative Fault" when determining how much compensation you will receive for your damages and injuries resulting from an automotive related collision. If as a Plaintiff you are determined by a judge or jury to be more than 50% at fault for the collision you will be barred from any recovery whatsoever. If you are found to be less than 50% at fault for the collision, the verdict or judgment amount will be reduced by that portion of fault the judge or jury has attributed to you. A simple example would be as follows: You are injured in a car wreck and the insurance company decides they do not want to pay you anything or they decide that you should be paid far less than what is fair. As a result, your recourse is to file a civil action (a lawsuit against the defendant that caused your injuries). At trial, a judge or jury finds that the damages you should be awarded are $100,000.00. The judge or jury further decides that you bear only 10% fault for the incident causing your injuries. In this scenario you would receive only $90,000.00 in compensation from the at-fault party rather than the full amount of $100,000.00. This is a very simple illustration of the application of West Virginia's Modified Comparative Fault approach to tort compensation, and there are other components to West Virginia's Modified Comparative Fault statute and strategies that your lawyer can employ to make you whole. Navigating a personal injury claim with the context of West Virginia's Modified Comparative Fault is complex but can be explained to you on a case by case basis when all facts of the incident are available to The Nestor Law Office. West Virginia's Comparative Fault statute will not assist Defendants convicted of DUI if they were impaired during the event causing you harm. See W.Va. Code 55-7-13A, W.Va. Code 55-7-13B, W.Va. Code 55-7-13C, and W.Va. Code 55-7-13D.
