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.