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| WEST VIRGINIA |
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Negligence / Personal Injury
2 years2 years with Discovery Rule.
Products Liability
2 years2 years with Discovery Rule.
Wrongful Death
2 years2 years
Medical Malpractice
2 years with Discovery Rule but no more than 10 years from date of occurrence. Minors: under 10 have 2 years from injury or age 12, whichever is longer.
Discovery Rule
Standard rule applies except see medical malpractice above.
Disabilities
SOL runs after disability ends. Infants (18th birthday). Maximum 20 year toll.
Charitable Immunity
Abolished.
Comparative Negligence
Applies, except if plaintiff is 50% or more responsible.
Sovereign Immunity
Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance.
Punitive Damages
Allowed where injury is inflicted intentionally or with malice, willfulness or wanton disregard of plaintiff’s rights.
Consumer Fraud Complaint
West Virginia Office of the Attorney General, Consumer Protection
(304) 558-2021 (Main Office)
(304) 558-8986 (In-state Consumer Hotline) |
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