West Virginia Plaintiff's Business Summary of Medical Expenses

State:
Multi-State
Control #:
US-PI-0045
Format:
Word; 
Rich Text
Instant download

Description

This form offers as evidence a summary of the plaintiff's medical expenses in a person injury case.
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FAQ

West Virginia Medical Malpractice Claim Time Limits As noted above, the general statute of limitations for medical malpractice in West Virginia is 2 years from the date of the injury, or 2 years from the date the injury is discovered or should have been discovered.

The collateral source rule was established to prevent the defendant from taking advantage of payments received by the plaintiff as a result of his own contractual arrangements entirely independent of the defendant.

What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.

The state of West Virginia allots two years from the date the medical malpractice occurred to file a claim in a district court. [1] But there are exceptions and stipulations that have been added in hindsight for victims with valid justifications for missing the deadline.

West Virginia's Punitive Damages Cap Section 55-7-29(c) of the West Virginia Code states that, ?The amount of punitive damages that may be awarded in a civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.?

Limits on Medical Malpractice in West Virginia Section 55-7B-8 of the West Virginia Code set the noneconomic damage cap at $250,000. This is adjusted yearly for inflation.

West Virginia is a comparative negligence state, so even if you are partially responsible for the accident, you can still receive financial compensation.

The statute of limitations is two years for a negligence claim in West Virginia (W. Va. Code???55-2-12; Evans, 775 S.E.2d at 508). ? that the conduct of that entity has a causal relation to the injury.

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West Virginia Plaintiff's Business Summary of Medical Expenses