7 Search Results for "comparative"

September 15, 2010 at 10:05 pm

Comparative Fault in WV

...mployment, environmental, insurance, and personal injury law in the State. Comparative Fault will be one of the laws changed, under the “Joint and Several Liability” bill. Just another reason to have an experienced, up to date, personal injury lawyer on your side. 2-27-2015.) Personal injury law in WV is based on fault. If you make a mistake (negligence) and injure someone else, you are legally responsible, SO carry insurance. WV requires us to ca...

March 15, 2014 at 1:50 pm

FAQ

...g the value of a claim can be a complex undertaking. First, since WV is a “comparative fault” state, we must determine if the potential client’s fault is less than the other party. If not, the other party is not liable. Assuming the other party’s fault is greater that 50%, the question is always HOW MUCH greater! Claims often hinge on the value of reasonable medical “special damages”, but, diagnostic tests that turn out negative generate fewer add...

June 10, 2011 at 8:47 pm

Not The Normal Personal Injury Blah Blah

...r since, changing the law just when I get comfortable with it. Now WV has “comparative fault”, which has two components: 1. Victims who are 50% or more at fault cannot recover; and, 2. If the jury determines the claimant was partially at fault, say 35%, she/he can collect only 65% of the proven damages. Simple, right? The devil is in the details. The source of the law in WV is: a. The Common Law, which came to us from England, and which we shared...

April 3, 2014 at 8:41 pm

Table of Contents

...my medical bills paid.”. We can do that, … 2010/09/16 2010-09-16 21:23:00 Comparative Fault in WV Hmmmm……..20 promised articles………8-10. How about 3 tonight. I wrote to the WV State Bar Social Media Committee some thoughts, answered … 2010/09/15 2010-09-15 22:05:00 The Basics of Personal Injury Claims in WV   First; let’s deal with the myth of the greedy client and greedy lawyer. My wife and I were on … 2010/09/15 2010-09-15 21:06:00 Procrastinati...

April 11, 2017 at 8:16 pm

30 SIMPLE FACTS ABOUT YOUR PERSONAL INJURY CLAIM

...follow “The rules of the road”. The State of WV follows a concept called “comparative fault.” In WV, a personal injury claimant may only recover if her or his mistake is less than yours. If hers is 51% and yours 49%, as determined by the fact-finder, she bears her own loss. A claimant who is 20% at fault may recover only 80% of his damages. So, most settlements and awards go to people who are primarily not at fault. With proper representation, th...

January 24, 2018 at 9:43 pm

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...ents below. 3. Tortfeasor: a person who or entity which commits a tort. 4. Comparative Fault”; in WV a person is barred from collecting damages from another party or entity if that person contributed to her/his fault by 50% or more. They are then limited in their complaint by the percentage of fault the other party committed. For example, if the claimant has 40% of the fault and a $100,000 claim, and the tortfeasor has 60%, his award should be $60...

April 29, 2020 at 5:41 pm

A ROADMAP TO BURTON HUNTER’S IDEAS AND “WISDOM”

...“Professional Malpractice”: https://tinyurl.com/ybx2bck5 Blog Search for “Comparative Fault”: https://tinyurl.com/y7yl4y6l Blog Search for “Product Liability”: https://tinyurl.com/ya82d4rt Blog Search for “Defective Product”: https://tinyurl.com/y8yzqxbt Blog Search for “Wrongful Death”: https://tinyurl.com/y9fdmd5g FAMILY LAW RELATED Blog Search for “Divorce”: https://tinyurl.com/y7uomfl6 Blog Search for “Custody”: https://tinyurl.com/yafeegdb B...