West Virginia Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
W. Va. Code § 55-7B-8
Exceptions to Cap
- Catastrophic injury (Higher cap)
- Wrongful death (Higher cap)
West Virginia caps standard noneconomic damages at a base of $250,000. For catastrophic injuries or wrongful death, the base cap is $500,000. Both caps adjust annually for inflation and are currently significantly higher (approx. $390,000 and $780,000 respectively).
Frequently Asked Questions
What is the base noneconomic damage cap in West Virginia?
The statutory base cap is $250,000, but it is adjusted annually for inflation by the state's Supreme Court of Appeals.
What is the catastrophic injury exception?
If the malpractice results in wrongful death or catastrophic injury (like permanent severe physical disability), the base cap is doubled to $500,000 (plus inflation adjustments).
Are economic damages capped in West Virginia?
No, economic damages are fully recoverable.
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