Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In West Virginia, who pays how much matters more than the multiplier.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The 50% line

Fault chargeable to the plaintiff does not bar recovery unless it is greater than the combined fault of all other persons responsible; if it is less, recovery is reduced in proportion to the plaintiff's fault.

Several liability only

Each defendant is liable only for the compensatory damages allocated to it in direct proportion to its percentage of fault, with a separate judgment against each. Joint liability applies only to defendants who consciously conspire.

Uncollectible shares

If you cannot collect from a liable defendant despite good-faith efforts, you can move within one year after the judgment becomes final to have the uncollectible amount reallocated among the other liable parties, including a plaintiff at fault.

Nonparty fault

The trier of fact considers the fault of everyone who contributed, whether or not named as a party, and a defendant must give notice within 180 days after service to name a nonparty.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how West Virginia's rules apply to your specific case with a licensed West Virginia attorney.