West Virginia: Should You Accept the First Offer Given?

A 2015 shift to several liability, and a genuine "empty chair" allowance for nonparty fault, both change how a multi-defendant offer should be weighed.

Why the first number is rarely the real number

Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.

Several liability: each defendant pays their own share

Since a 2015 reform, West Virginia generally uses several, not joint and several, liability. Under W. Va. Code § 55-7-13c(a), each defendant found liable pays only the proportion of total damages matching their own share of fault — not the full amount regardless of their individual contribution. Exceptions exist where defendants consciously conspired together, or where a defendant's conduct involved alcohol, drugs, or certain criminal acts.

Why this matters at the negotiating table

In a claim involving more than one at-fault party, this structure means collecting the full value of the claim may require pursuing recovery from each defendant separately, rather than relying on a single well-insured defendant to cover the whole amount. A settlement offer from just one defendant's insurer should be weighed with that in mind.

The "empty chair" issue

West Virginia's 2015 reform also allows fault to be allocated to a nonparty — someone not named as a defendant in the lawsuit at all. If the jury assigns meaningful fault to that absent party, it can reduce what a claimant ultimately collects from the defendants who are actually part of the case, since the total fault allocated across everyone, named or not, must equal 100%.

The baseline still applies

None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.

Accepting the first offer — frequently asked questions

Why is the insurer's first offer in West Virginia usually low?

Insurance adjusters routinely open with a conservative figure, expecting negotiation. Accepting that first offer typically closes the claim permanently, with no ability to ask for more later even if additional injuries surface.

Does West Virginia hold multiple defendants jointly responsible for a full judgment?

Generally no — since a 2015 reform, liability is several, not joint, for most defendants. Each one pays only their own proportionate share, with exceptions for a conscious conspiracy between defendants or certain conduct involving alcohol, drugs, or criminal acts.

Why does several-only liability matter when evaluating a multi-defendant settlement?

Because collecting the full value of a claim may require pursuing recovery from each defendant separately, rather than relying on one well-insured defendant to cover the whole amount, which affects how realistic a given settlement figure actually is.

What is the "empty chair" issue in a West Virginia multi-defendant case?

Fault can be allocated to a nonparty — someone not named as a defendant in the lawsuit — which can reduce what a claimant collects from the defendants actually in the case if the jury assigns meaningful fault to that absent party.

What should you do before responding to a first offer in West Virginia?

Compare it against a documented estimate of your full economic and non-economic damages before accepting or countering, since the offer closes the claim permanently once accepted.

This page provides general guidance only and is not legal advice. Figures are based on W. Va. Code § 55-7-13c, verified per our methodology. Confirm with a licensed West Virginia attorney before acting.