West Virginia Adjusters Practice Exam

According to the doctrine of pure comparative negligence, the settlement amount awarded to the plaintiff is reduced by:

1. the percentages of fault assigned to the plaintiff and any nonparty.

2. the amount of plaintiff's medical expenses.

3. the judge's discretion.

4. the insurance policy limits.

The correct answer is: the percentages of fault assigned to the plaintiff and any nonparty.

The doctrine of pure comparative negligence holds that the settlement amount awarded to the plaintiff is reduced by the percentages of fault assigned to both the plaintiff and any nonparty involved in the case. This means that the plaintiff's own negligence, as well as the negligence of anyone else involved in the incident, will be taken into account when determining the final settlement amount. Option B is incorrect because the amount of the plaintiff's medical expenses is not factored into the reduction of the settlement amount. However, medical expenses may still be included in the overall calculation of damages. Option C is incorrect because the judge's discretion is not a factor in the reduction of the settlement amount. Judges may use their discretion in determining the final amount awarded to the plaintiff, but this does not alter the percentage of fault assigned to each party. Option D is incorrect because insurance policy limits do not play a role in the reduction of the settlement amount. The insurance policy limits may determine the maximum amount that can be awarded, but the reduction is still based on the percentages of fault assigned to each party.