Comparative Negligence in West Virginia
State-specific overview · Tort Law
West Virginia uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
How West Virginia treats Comparative Negligence
West Virginia follows a 50% bar rule under which plaintiffs cannot recover if their negligence equals or exceeds the defendant's negligence. If you are 49% at fault and the defendant is 51% at fault, you can recover 51% of your damages. If you are 50% or more at fault, you are completely barred from recovery. This modified comparative negligence rule significantly limits recovery for plaintiffs who share substantial fault.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.