Personal Injury Lawsuit

West Virginia Statute of Limitations

West Virginia has its own statute of limitations regarding personal injury lawsuits, medical malpractice lawsuits, pharmaceutical cases, and lawyer award caps?

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STATUTE OF LIMITATIONS

• Negligence - 2yrs
• Medical Malpractice - Against health care providers, within 2 yrs. of date of act giving rise to injury or within 2 yrs. injury was or should have been discovered. May not file more than 10 yrs. after date of injury. Minor (under 10) at time of injury within 2 yrs. of date of injury or prior to minor’s 12th birthday whichever is later.
• Product Liability - 2 yrs after suffering injury or date injury was or should’ve been found.
• Wrongful Death - 2 yrs from date of death.
• Survival - >An action under the survival statute is governed by the 5-year statute of limitations
  

West Virginia Caps on Damages

Statutory $1 million cap on economic damage awards in medical malpractice actions is "per occurrence" cap, rather than a "per person” cap
$1 million limitation on non-economic damages for product liability and pharmaceutical cases

Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday for minor’s tolling

West Virginia has no limitations on awards for attorneys.

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