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West Virginia

Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 4

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 10 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Pro Rata State
W. Va. Code Ann. § 114-14-7
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Wage attachment is permitted in West Virginia through use of a suggestee execution.  A suggestee execution is an order issued by the clerk directing the judgment debtor’s employer to withhold a portion of the debtor’s wages and pay them over to the creditor; The creditor must have a valid judgment and must sign an affidavit establishing that the debtor’s disposable income exceeds 30 times the federal minimum wage after deduction of state and federal taxes; West Virginia law also allows judgment creditors to file a suggestion of personal property, a writ of execution and a judgment lien creditor’s action
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000 limited to actual damages, court costs and interest from date of judgment
Liability imposed when child willfully or maliciously injures person, destroys property, sets fire to forest or wooded area of another, or willfully takes property of another
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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