Nursing Home Negligence or Abuse
Statute of Limitations W. Va. Code §55-2-12
- Two years from when the injury was discovered, or reasonably should have been discovered.
Medical Malpractice
Statute of Limitations W. Va. Code §55-7B-4
- Two years from when the injury was discovered, or reasonably should have been discovered.
- Claim cannot be filed more than 10 years after date of injury.
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Wrongful Death
Statute of Limitations W. Va. Code §55-7-6(d)
- Two years.
Damages Caps W. Va. Code §55-7B-8-9
- Non-economic damages for medical malpractice is limited to $250,000 per occurrence, regardless of the number of defendants. This amount is adjusted for inflation with an absolute maximum of $375,000.
- In catastrophic injury cases, the cap is $500,000 adjusted annually with a maximum of $750,000.
- Maximum that can be awarded is $1,000,000.
- Damage awards stemming from emergency care provided at a designated trauma center are capped at $500,000.
- Compensatory damages are capped at $500,000 for “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.”
- Punitive damages are capped at $500,000 or four times the compensatory damages.
The information provided here was prepared by the Pintas & Mullins Law Firm Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
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