West Virginia Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is an essential aspect of personal injury cases in West Virginia. This instruction guides the jury in understanding the concept of comparative negligence and its potential impact on the case's outcome. Comparative negligence is a legal principle that recognizes that more than one party can be responsible for an accident or injury. This instruction explains to the jury that even if the plaintiff is partially at fault for their injuries, they may still be entitled to compensation, albeit reduced based on their degree of fault. There are two types of comparative negligence that may apply to a personal injury case in West Virginia: 1. Pure Comparative Negligence: In cases where pure comparative negligence applies, the plaintiff can still recover damages even if they are found to be predominantly at fault. The jury is instructed to determine the percentage of fault for both the plaintiff and the defendant(s). The plaintiff's award is then reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 but found 30% at fault, their final award would be $70,000 (70% of the total). 2. Modified Comparative Negligence: Under modified comparative negligence, two different standards are followed depending on the state's specific rules. In West Virginia, the 50% rule is applied. This means that a plaintiff can only recover damages if their percentage of fault is 49% or less. If the plaintiff's fault exceeds 50%, they are barred from recovering any damages. If the plaintiff is found less than 50% at fault, their damages will be reduced in proportion to their percentage of fault. For instance, if a plaintiff is found 20% at fault and awarded $100,000, their final award would be reduced to $80,000. In summary, West Virginia Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense plays a crucial role in personal injury cases. It ensures that the jury understands the concept of comparative negligence and accurately calculates the plaintiff's damages based on their degree of fault. The two types of comparative negligence, pure and modified, determine the outcome based on whether the plaintiff can still recover damages and the extent to which their compensation will be reduced.
West Virginia Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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