Can I still get my medical bills paid if I was partially to blame for my accident?
We are a comparative fault state which means that so long as you are less than 50 percent at fault for an accident you can still recover. And so, if your recovery would be one hundred thousand dollars and you are deemed to be forty nine percent at fault you would still recover fifty one thousand. West Virginia has this type of comparative fault statute, as opposed to some other states like North Carolina, where it’s contributory state. In states like North Carolina even if you’re 1 percent negligent or one person at fault you can’t recover anything. And so, West Virginia helps citizens that may be a little bit at fault to still be able to recover. And so, even if there is an incident where you might be at fault in West Virginia you’d still be able to recover some of your bills. So, if you are injured and you have questions as to whether you can recover, please call the attorneys at Bailey Javins & Carter.