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Were you involved in a car accident in West Virginia and partially at fault? Are you wondering how you are going to pay your medical bills and other damages? The experienced car accident lawyers at Colombo Law can help you recover compensation if it is determined you are less than 50% at-fault in your accident. We will fight for you and stand up to the insurance companies to get what you deserve.

Comparative Negligence in West Virginia

Comparative negligence is a law governing a situation in which both drivers in an accident are partially at fault. Because both drivers are partially at fault, they are responsible for paying compensation based on the fault percentage that is assigned to them.

Pure Comparative Negligence vs. Modified Comparative Negligence

West Virginia operates under a “modified comparative negligence” system when determining fault and compensation after a car accident. This means that if you are determined to be less than 50% at fault in your accident, you will be able to pursue compensation from the other party. Further, the compensation you are to receive will be reduced in proportion to your percentage of negligence in the accident.

For example, if you are driving ten miles over the speed limit, and another car swerves and hits you. At trial, the jury finds you 20% liable and the other driver 80% liable. Additionally, the jury determines your damages to be $150,000. Under West Virginia’s modified comparative negligence system, your compensation would be reduced by 20% to $120,000.

Pure comparative negligence,” which doesn’t apply in West Virginia, allows for a victim of an accident recover compensation if they are less than 100% at-fault. In states that are governed by this rule, each party is essentially a plaintiff. This can prove to be a bit problematic in some cases. For example, using the above scenario, even if you were only 20% at fault, you could still be sued for 20% of the other party’s damages.

How Can A Car Accident Lawyer Help My Claim?

Throughout the claims process, you will find that the goal of the opposing party is to pay you as little as possible for your damages. They will do just about anything to try and diminish your claims so that they can line their pockets instead of giving you the money you deserve. Without the help of a car accident lawyer from Colombo Law, you may fall victim to accepting a settlement offer that is substantially less than you deserve. It is also important to note that sometimes the opposing insurance company will try to prove you were at fault in the accident when that simply wasn’t the case.

The car accident lawyers at Colombo Law can help make sure this doesn’t happen to you. Even if you were partially at-fault in an accident, we strongly believe that you should be compensated fairly. We will challenge the claims of the opposing party and do our best to make sure you get the compensation your case deserves. We will take the following steps to ensure this happens:

  • Conduct a full investigation of your accident, and gather evidence that is important to your case.
  • Take the stress of gathering important documents such as medical bills and police reports off of your shoulders.
  • Conduct important eyewitness interviews.
  • Use resources such as accident reconstruction experts and other specialists to assist in building your case.

Along with fighting on your behalf against the opposing party and their insurance company, we will present applicable evidence for the damages you have suffered intelligently to increase your chances of gaining compensation.

Injured In a Car Accident in West Virginia? Call Us For A Free Case Evaluation

Car accidents are a daily occurrence in West Virginia and are often due to the negligence of one or numerous parties. At Colombo Law, we believe that as long as you were not more than 50% at-fault for your accident, you should receive the compensation you deserve. No one deserves to encounter financial hardships because of an accident. Make sure this doesn’t happen to you and contact us today.

by Colombo Law
Last updated on - Originally published on