This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
West Virginia Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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How to fill out Answer - Personal Injury - Pharmaceutical - Multiple Defendants?
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FAQ
Comparative negligence is most commonly used to assign blame in auto accidents. If two drivers both break the same traffic laws in an accident, then both may be denied their claims. Many insurance carriers assign blame between drivers on a percentage basis, such as 70/30.
In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.
(2) Fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice no later than one hundred eighty days after service of process upon said defendant that a nonparty was wholly or partially at fault.
West Virginia is a modified comparative fault state. This means that each person is liable for their degree of fault. If you're in a car accident, for example, and you're found to be 20% at fault, then you are responsible for that 20 percent of damages.
Here are 12 states that have pure comparative negligence laws: Alaska. Arizona. California. Florida. Kentucky. Louisiana. Mississippi. Missouri.
West Virginia is a comparative negligence state, so even if you are partially responsible for the accident, you can still receive financial compensation.
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
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.
