If you’ve been injured in a car crash or other type of accident or event that is the result of someone else’s negligence, you likely have the right to seek compensation for medical bills and other expenses and financial losses. It’s a safe bet, however, that the other party or their insurer will try to show that you bear some responsibility for the accident or even that the whole thing was your fault.
The percentage of responsibility that you’re determined to have can make a big difference in how much compensation you can receive. That’s why it’s crucial not just to assume that everyone will agree that another party is completely to blame. It’s also just one reason why you shouldn’t go it alone, without legal guidance, after suffering injuries.
Modified comparative negligence
States have different rules for determining how negligence affects compensation. West Virginia follows the “50% Modified Comparative Negligence” rule. This means an injured party can get compensation if they aren’t more than 50% at fault.
Further, how much you can recover is reduced by whatever percentage of fault you have. Let’s say your damages in a car crash are determined to be $100,000. If you’re found to be 50% at fault, you can still recover damages, but only $50,000. If you’re only 10% at fault, you can get $90,000.
That’s a big difference, of course, so you want to collect as much evidence as possible to show that you bore little or no responsibility for the accident. For a vehicle crash, this can include video of the crash captured on neighborhood or other video surveillance, the police report, witness statements and more. You also need to present a strong case for yourself. Again, that’s where having legal guidance can make a difference.
When can you seek punitive damages?
Depending on the circumstances, it may also be possible to seek punitive damages. These can be awarded when the at-fault party acted out of malice or “reckless and outrageous indifference to the health, safety and welfare of others.”
After an accident, it’s crucial to have the resources you need to deal with injuries, lost wages and all the assistance and treatment you’ll need both in the short and long term. Don’t try to go it alone and settle for less than you deserve.
