Health, Safety & Personal Injury Law Blog
Compensatory damages in personal injury claims Under West Virginia law, compensatory damages are what compensate a plaintiff for the harms and losses he or she suffered because of another’s tortious conduct (typically, negligence). Compensatory damages are designed to remedy specific losses, called specific damages, and general losses, which are called general damages. In a personal…read more
Do You Have a Claim if You’re Partly at Fault in a Car Accident?
Yes, unless you are 50% at fault or greater. West Virginia has adopted the modified comparative negligence doctrine… Under this doctrine, a claimant’s action is barred if his or her negligence equals or exceeds the combined negligence of all the other parties involved in the accident. If the claimant is less than 50% at fault, his or her recovery is reduced in proportion to his or her degree of negligence.