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West Virginia is a comparative negligence state, so even if you are partially responsible for the accident, you can still receive financial compensation.
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury.
A liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.
Generally, a Release of Liability is a legally binding contract in which you waive your right to sue an individual or organization for the injuries, losses, or damages you suffer as a result of their actions. However, there are instances in which you may still be able to pursue legal action despite signing a release.
I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
Examples of waivers include the waiving of parental rights, waiving liability, tangible goods waivers, and waivers for grounds of inadmissibility. Waivers are common when finalizing lawsuits, as one party does not want the other pursuing them after a settlement is transferred.
The releasor is the party who agrees to release a potential claim in exchange for something of value. The releasee is the party being released from the claim or a potential claim. The releasor receives consideration in the way of compensation for releasing the claim.