West Virginia · Comparative Negligence

West Virginia Comparative Negligence Rule

West Virginia follows a modified 51% bar rule under W. Va. Code § 55-7-13a. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: West Virginia

Rule type
Modified 51% bar

Claimant barred when fault is greater than 50% (the 51% rule).

Max fault to recover
50%
W. Va. Code § 55-7-13a →
How recovery works
Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified
2026-05-22
Source type
Primary (state statute)

Details for West Virginia

Modified comparative fault with a 51% bar adopted by 2015 HB 2002; the plaintiff is barred only when fault is "greater than" the combined fault of all other responsible persons.

Related: West Virginia statute of limitations

West Virginia gives you 2 years to file a personal injury lawsuit under W. Va. Code § 55-2-12.

See the full West Virginia statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed West Virginia attorney before relying on it.

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West Virginia Comparative Negligence FAQ

What comparative negligence rule does West Virginia follow?

West Virginia follows a modified 51% bar rule under W. Va. Code § 55-7-13a. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in West Virginia?

Yes, up to a point. In West Virginia you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in West Virginia?

Insurance adjusters argue percentage of fault to reduce what they pay. Because West Virginia bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in West Virginia?

West Virginia gives you 2 years to file a personal injury lawsuit under W. Va. Code § 55-2-12.

Where can I read the actual rule?

The controlling authority is W. Va. Code § 55-7-13a. The full text is available at https://code.wvlegislature.gov/55-7-13A/.

See comparative negligence rules for all 51 covered states

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