Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

WEST VIRGINIA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years

Medical Malpractice

2 years with Discovery Rule with continuous treatment rule. Notice of Claim must be served on defendant 30 days before filing. SOR: 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.

Caps:
$250,000 limit for non-economic damages. $500,000 limir for compensatory damages, limit goes up beginning in 2004 according to inlfation index. Physicians must carry at least $1 million malpractice insurance to qualify for limits.

Malpractice (Other Professions)

years

Products Liability

Products liability action must be commenced within two years of date of injury, or within two years of date when party should have known of: (1) Injury, (2) manufacturer of product, and (3) causal relationship between product and injury.

Intentional Torts

years

Municipal Liability/Sovereign Immunity

120 days to file notice of claim. Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance. Still exists to limited extent for certain political subdivisions.

Discovery Rule

Standard rule applies except see medical malpractice above.

Comparative Negligence

Applies, except if plaintiff's negligence or fault does not equal or exceed combined negligence or fault of other parties involved.

Charitable Immunity

Abolished

Disabilities

SOL runs after disability ends or death. Maximum 20 year toll. SOL does not run during absence or concealment of defendant.

Punitive Damages

Allowed where injury is inflicted intentionally or with malice, willfulness or wanton disregard of plaintiff’s rights.

No-Fault Insurance

None

Consumer Fraud Complaint

West Virginia Office of the Attorney General, Consumer Protection
http://www.wvago.gov/consumers.cfm
(304) 558-2021 (Main Office)
(304) 558-8986 (Consumer Protection Anti-Trust Division)
(800)368-8808 (Toll-free consumer hotline)