This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in West Virginia

West Virginia law governs damages allocation in multi-defendant cases through W. Va. Code § 55-7-13a et seq. The statute establishes a framework for apportioning fault among all parties, including the plaintiff, defendants, and non-parties, to determine each party’s share of the total damages. Under this rule, a defendant is generally liable only for the percentage of fault attributed to them, rather than jointly for the entire award. The code sets out specific factors and exceptions that courts use to calculate these percentages. The official source provides the full statutory detail. The worked example below demonstrates how the allocation applies in practice. Use the DocketMath calculator to estimate how this rule affects your case based on your specific facts.

Governing authority

In West Virginia, the damages allocation rule is set by W. Va. Code § 55-7-13a et seq.. The verified packet cites W. Va. Code § 55-7-13a et seq. (https://code.wvlegislature.gov/55-7-13A/).

West Virginia damages allocation: governed by W. Va. Code § 55-7-13a et seq.. The verified packet cites W. Va. Code § 55-7-13a et seq. (https://code.wvlegislature.gov/55-7-13A/).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.