West Virginia Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
Negligence Defenses - Contributory Negligence and Assumption of Risk.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
There are two types of comparative negligence that are used when assessing liability: Pure comparative negligence and partial comparative negligence. Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence.
Some states follow a more enlightened version of the fault law called "comparative negligence." Alas, Virginia still chooses what is known as the "pure contributory negligence rule." That means the other person has to be 100 percent at fault or you can't collect any monetary damages.
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim ing to the degree of negligence each party contributed to the incident.
However, West Virginia follows a modified comparative negligence law that says the injured party can only receive compensation if they are deemed to be 49% or less at fault for the accident. If they are 50% or more responsible, they will not be compensated.
Under West Virginia's comparative negligence laws, an injury victim who is 50% or less at fault for an accident can recover compensation for their injuries. Their total amount of damages will then be reduced by the percentage that they were to blame for the accident.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.