West Virginia: malpractice rules
Each state's cap on malpractice damages, whether you need an expert's affidavit or certificate to sue, and any notice or review panel required before a lawsuit.
From a statute-cited table| Damage cap | About $375,000 noneconomic; about $750,000 for death or catastrophic injury (adjusted each year) |
|---|---|
| Expert affidavit or certificate of merit | Screening certificate of merit with the notice of claim |
| Notice, panel or other steps before or after filing | Notice of claim at least 30 days before filing; provider may demand mediation |
Caps usually limit pain and suffering (noneconomic) damages; medical bills and lost wages are usually not capped. A missed affidavit or notice step can get a case dismissed, so check the statute early.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in West Virginia.
Also for West Virginia: Medicaid long-term care in West Virginia · Small estate limits in West Virginia
How we checked this
Caps come from a statute-cited 2026 table and were compared with a second 50-state chart; caps that adjust every year are shown as approximate. Affidavit and panel rules come from the American Medical Association's State Laws Chart II (2025) and each state's notice statute. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.