Modified Comparative Negligence (50% Bar)
West Virginia follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
West Virginia follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in West Virginia
31,252
Personal injury lawsuits per year
This calculator provides estimates only and is not legal advice. Laws in West Virginia are complex and individual case results vary. Consult a licensed West Virginia attorney for advice specific to your case.