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In West Virginia, the standard statute of limitations for personal injury claims is two years after the date of the injury. This means that after these two years have passed, you will not be able to pursue compensation for the damages you have sustained.

In most West Virginia personal injury cases, there is no limit on the amount of compensation you can receive for pain and suffering. There are two notable exceptions. Medical malpractice caps non-economic damages awards at $250,000, or $500,000 in cases involving wrongful death or catastrophic injuries.

Non-economic damages are also described as the damages for pain and suffering, or those damages that are assessed against perpetrators of medical negligence for the loss of the quality of life suffered by their victims of malpractice. West Virginia law caps non-economic damages at $500,000.

In no event may a medical malpractice action be brought more than 10 years after the date of the injury. A cause of action for injury to a minor under 10 at the time of the injury must be brought within two years of the date of the injury or prior to the minor's 12th birthday, whichever provides the longer period.

West Virginia has enacted a two-tiered cap on noneconomic damages, setting a ceiling of $250,000 for general medical malpractice and $500,000 where the malpractice results in permanent disability or death.

The average payout in a medical malpractice lawsuit in the U.S. is somewhere $242,000, as we said above. The median ? as opposed to the average ? value of a medical malpractice settlement is $250,000. The average jury verdict in malpractice cases won by the plaintiff is just over $1 million.