Statute of Limitations
- 2 years with Discovery Rule. (W. Va. Code. §55-2-12)
- Medical malpractice – 2 years with Discovery Rule, but no later than 10 years after the date of injury. Minors under age ten have 2 years from injury or until age twelve, whichever is longer. (W. Va. Code. §55-7B-4)
Damages Cap
- Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)
Statute of Limitations
- 2 years. (W. Va. Code. §55-7-6(d))
Damages Cap
- Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
