West Virginia · Medical Malpractice
West Virginia medical malpractice damage caps and statute of limitations
Refreshed 2026. $250,000 damage cap. 2 years from injury or discovery. Full breakdown below.
Damage caps
WV Code § 55-7B-8Non-economic damages cap
$250,000
Total damages cap
$500,000
Status
active
Notes
Standard noneconomic: $250,000. Catastrophic injury/wrongful death: $500,000 noneconomic (permanent disfigurement, wrongful death, total disability). $750,000 total cap for catastrophic. Fixed caps, not adjusted for inflation.
Statute of limitations
WV Code § 55-7B-4Standard SOL
2 years from injury or discovery
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
10 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 10-year repose
Wrongful death SOL
2 years from date of death
Notes
Pre-suit screening certificate of merit required from qualified expert.
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West Virginia med-mal FAQ
What is the medical malpractice statute of limitations in West Virginia?+
2 years from injury or discovery. Yes; runs from when injury was or should have been discovered Statute of repose: 10 years from act or omission. Wrongful death: 2 years from date of death. Pre-suit screening certificate of merit required from qualified expert. Source: WV Code § 55-7B-4.
Does West Virginia have a medical malpractice damage cap?+
Non-economic cap: $250,000. Total damages cap: $500,000. Standard noneconomic: $250,000. Catastrophic injury/wrongful death: $500,000 noneconomic (permanent disfigurement, wrongful death, total disability). $750,000 total cap for catastrophic. Fixed caps, not adjusted for inflation. Source: WV Code § 55-7B-8.
How does West Virginia handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the West Virginia minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 10-year repose
What is the wrongful death statute of limitations for West Virginia medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. West Virginia damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed West Virginia attorney before relying on a deadline. Data refreshed May 2026.