West Virginia Nursing Home Laws

West Virginia Nursing Home Injury Law | Firm in WV

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.

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.