Personal Injury Law in West Virginia
West Virginia personal injury law requires proof that the defendant was at fault due to his/her negligence. The plaintiff must’ve lost something, monetary or otherwise, in order to seek a personal injury trial. There must be no doubt in the jury’s mind that the defendant’s actions are what caused the injury.
West Virginia uses a modified comparative negligence law. This means that if anything resulting in the outcome of the accident at hand happens to be the plaintiff’s fault then the amount they can be awarded is reduced by their amount of fault. The person who is 51 percent or more at fault is entitled to nothing. If more than one person caused the injury, they are all responsible for monetary losses varying based on their own percentages of fault.
In the case of a consumer product personal injury lawsuit, West Virginia uses strict liability law. This may aid the plaintiff in finding justice. In order to win a personal injury lawsuit in these kinds of cases in West Virginia, the plaintiffs must prove that the product was made with one or more errors, which caused the consumer harm and damaged them in a substantial way. To be successful in a personal injury lawsuit over a flawed consumer product in West Virginia, the plaintiff must also prove that they were correctly using the product.
The statute of limitations in West Virginia for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified West Virginia Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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