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West Virginia
Negligence and Personal Injury Questionnaire

West Virginia Negligence and Personal Injury Questionnaire

Category:

Civil Actions - Negligence

State:

Multi-State

Control #:

US-Q1030

Format:

Instant download

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Public form

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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FAQ

There are many kinds of torts under West Virginia law including negligence, trespass, slander, intentional infliction of emotional distress, assault, and battery. Negligent torts, such as failing to obey traffic rules and thus causing an automobile accident, are perhaps the most common and well-known.

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.

ARTICLE 7E. DUTY TO MITIGATE DAMAGES IN EMPLOYMENT CLAIMS. (a) "Back pay" means the wages that an employee would have earned, had the employee not suffered from an adverse employment action, from the time of the adverse employment action through the time of trial.

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.

§55-7-7. Compromise of claim for death by wrongful act. The personal representative of the deceased may compromise any claim to damages arising under section five of this article before or after action brought.

Contributory negligence is when an injured person is found partially responsible for their own injuries. Contributory negligence is a common defence strategy in personal injury claims.

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.

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