Our AI identifies evidence that helps establish liability and damages under West Virginia's modified comparative fault system (W. Va. Code § 55-7-13a). We highlight documentation supporting causation, injury severity, and damages, recognizing that in West Virginia, plaintiffs can recover damages if they are 50% or less at fault (with recovery reduced by their proportion of fault). Our system helps identify evidence that can maximize recovery by establishing the defendant's proportion of fault as high as possible, while strategically minimizing the plaintiff's comparative negligence to stay under the critical 50% threshold. Additionally, West Virginia follows several liability principles for most cases, meaning each defendant is only responsible for their percentage of fault. We help identify evidence to properly allocate fault among all potentially responsible parties, including non-parties, to ensure maximum recovery against available defendants.

Our system identifies evidence that helps support medical malpractice claims under West Virginia's Medical Professional Liability Act (W. Va. Code § 55-7B-1 et seq.). We help identify and organize evidence needed for the certificate of merit required by W. Va. Code § 55-7B-6, which must be served along with a 30-day notice of claim before filing suit. This certificate must be signed by a qualified health care provider stating that there is a reasonable basis to believe the healthcare provider failed to meet the applicable standard of care that resulted in injury. Our analysis identifies medical documentation supporting the standard of care deviations needed for this certification. We also assist with evidence supporting causation and damages, highlighting documentation that demonstrates how the alleged malpractice directly led to the plaintiff's injuries. Additionally, our system helps identify evidence relevant to West Virginia's statute of limitations for medical malpractice claims (generally two years from injury or discovery, but not more than ten years from the date of injury) and evidence supporting damages within West Virginia's non-economic damages cap ($250,000 to $500,000 depending on the severity of the injury, adjusted for inflation under W. Va. Code § 55-7B-8).

Our AI analyzes medical records to identify key evidence supporting compensability under West Virginia's Workers' Compensation Act (W. Va. Code § 23-4-1 et seq.). We highlight documentation that supports the causal connection between work activities and the injury or illness. The system identifies evidence supporting the "in the course of and resulting from employment" standard required under West Virginia law. We also identify evidence relevant to disability determinations, including temporary total disability, temporary partial rehabilitation, and permanent partial disability (PPD), helping establish the nature and extent of work-related impairments according to West Virginia's specific standards. Our analysis assists with documentation related to West Virginia's requirements for PPD ratings, which are based on whole person impairment as determined under the American Medical Association's Guides to the Evaluation of Permanent Impairment, 4th edition. This is crucial as benefits are directly tied to the percentage of whole person impairment. We also help identify evidence supporting claims for occupational pneumoconiosis (black lung disease), which has specific evidentiary requirements in West Virginia due to the state's coal mining industry.

Yes, our AI helps identify and categorize evidence relevant to West Virginia's damage limitations and caps. For medical malpractice cases, we organize evidence to support damages within West Virginia's non-economic damages cap ($250,000 in most cases, or up to $500,000 for catastrophic injuries or wrongful death, adjusted for inflation under W. Va. Code § 55-7B-8). For personal injury claims against government entities, we help organize evidence relevant to the West Virginia Governmental Tort Claims and Insurance Reform Act (W. Va. Code § 29-12A-1 et seq.), which caps damages against political subdivisions at $500,000 per occurrence. For punitive damages, our system identifies evidence relevant to the clear and convincing evidence standard for "actual malice" required under West Virginia law and helps organize evidence relevant to the recent reforms that cap punitive damages at the greater of $500,000 or four times the amount of compensatory damages. Economic damages (medical expenses, lost wages) are not subject to caps in West Virginia, and our system helps categorize and organize evidence supporting these damages to maximize recoverable compensation.